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Family → Divorce and nullity → Effect of divorce order
Overview — Effect of divorce

Justin Dowd, Partner, Watts McCray

Divorce order

Once the court makes a finding that all requirements for a divorce are satisfied, the court will grant a divorce. A divorce becomes final and binding when a divorce order issues which is one month from the date the divorce was granted, or such other time as ordered by the court.

Ability to remarry

Once a divorce is final and a divorce order has issued, both parties are able to remarry. Prior to that date, both parties are still legally married and it is a criminal offence to marry another person.

See Ability to remarry.

Effect on wills

The finality of a divorce order also may affect any nominations made to the former spouse in a party's will and it is advisable, after a divorce order has issued, for both parties to review their wills, as well as any nominations they may have on both superannuation entitlements and life insurance entitlements. The effect of divorce on a party’s will is outlined in the applicable legislation of the state or territory in question. It may be prudent for your client to obtain advice from an estate planning lawyer prior to any application being filed.

See Effect on wills.

Appeal

Like many other aspects of family law there is an appeal process in relation to a divorce which is commenced by filing a Notice of Appeal with the Family Court.

A divorce may also be rescinded prior to the divorce order coming into effect; that is, prior to the divorce order issuing from the Federal Circuit Court (or, in Western Australia, from the Family Court of Western Australia)

See Appeal.




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