You need to apply within 1 year of your divorce or within 3 years from the end of your de facto relationship. You can ask the court for permission to file after this deadline.
It costs $700 to apply.
The court will give the other person a copy of the application, and instructions on what they need to do.
To respond the other person will file a narrative affidavit and an asset and liability affidavit.
The judge will read the documents and then call a short meeting that you need to go to (called a judicial conference). The judge will tell you what will happen next and they’ll set out a timetable for filing further evidence. The judge might direct that a settlement conference should be held.
If both people agree on some matters, the judge can also make some Orders by consent.
In a settlement conference, the judge will lead a discussion between you and your ex-partner to see if you can agree. Lawyers can take part.
A hearing takes place when you and your ex-partner can’t agree. Before the hearing, the judge will tell you:
You will need to pay a hearing fee of $906 (including GST) for each half day that the hearing takes. You have to pay this fee even if the hearing doesn’t fill up all of the half day. You can ask the court to waive (cancel) the fee.
You may want to get legal advice to help you. You may be able to get:
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