Response to Divorce

Rule 2.18 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires a respondent who wants to ask the court to dismiss an application, or to make a different order, to file a response in the approved form. In a divorce, that is the Response to Divorce. It is a sworn or affirmed document, so it is signed in front of an authorised witness. The court's guidance says it is used either to correct facts in the Application for Divorce while still letting the divorce proceed, or to oppose the divorce, for example because you disagree with the separation date. If you agree with the application, you do not need to file anything.

When you need it

• The Application for Divorce contains errors of fact (such as dates of birth or children's details) and you want them corrected, but you are content for the divorce to be granted.
• You want the court to dismiss the application, for example because you say you have not been separated for the required period.
• The form deals only with the divorce application; it has no section for parenting or property orders.

1. 1

   Heading and Part A

   Mark the court, give the file number from the Application for Divorce, and write the applicant's family and given names.

2. 2

   Part B: your details

   Give your name and an address for service: item 3 if you do not have a lawyer, item 4 (with the lawyer's name, firm and code) if you do.

3. 3

   Part C: orders sought

   Question 5 asks whether you want the application dismissed; if yes, set out why at question 6. Question 7 asks whether you disagree with any statement in the application; refer to each one by the question number used in the Application for Divorce and give the correct details.

4. 4

   Part D: swear or affirm

   Do not sign until you are with an authorised witness, such as a lawyer or Justice of the Peace. Tick swear or affirm, sign, and have the witness sign and print their name and capacity.

• Time limit: the court says to file within 28 days after the application was served on you if served in Australia, or within 42 days if served outside Australia.
• eFile on the Commonwealth Courts Portal; if you cannot, file at a registry.
• Serve the filed response on your spouse by ordinary service as soon as possible, and on any independent children's lawyer.
• If you oppose the divorce, you must attend the hearing or the court may treat the application as undefended. Divorce hearings are attended by Webex link.

• If you file only to correct facts, you do not need to attend the hearing. If you want to attend anyway, the court asks you to email nationaldivorce@fcfcoa.gov.au at least 7 days before the hearing and copy in your spouse or their lawyer.
• Signing the Acknowledgment of service does not mean you agree to the divorce; it only confirms you received the papers.
• There are limited grounds for opposing a divorce, and the court recommends legal advice before doing so.