The Effect of a Divorce Order


Any application in respect of the division of property or the payment of spousal maintenance should be made within 12 months of the date the divorce order taking effect. Otherwise, applications of a financial nature will only be determined by either the Federal Circuit Court of Australia or the Family Court of Australia if:

  • the other spouse consents to the application initiating any property or spousal maintenance proceedings being filed out of time; or
  • the court approves the application being filed out of time by granting leave to do so.

Depending on the particular State in which you live, divorce orders could also have the effect of revoking a gift of property or appointment of trusteeship made in a Will, if such gift or appointment is directed to a spouse. In other States, the entire Will may be revoked upon a divorce order taking effect. Advice should be sought from a solicitor in your particular State, once the divorce order takes effect, to ensure your estate (on your passing) is dealt with in accordance with your wishes.

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