My ex wants to stop me marrying my billionaire
Recent media reports, including 9MSN’s The Fix on 6 June 2016, allege that Mariah Carey’s wedding to James Packer is being delayed by the rumoured actions of Mariah’s estranged husband Nick Cannon. These alleged rumours have the America’s Got Talent host, Nick Cannon, refusing to sign divorce papers, thus creating a roadblock to Mariah marrying her beau.
While we might not be hankering after the truth about Nick and Mariah, it may have you asking what if my ex wanted to stop me marrying a billionaire? Well could they? No need to hesitate, go ahead and put that 35 carat diamond ring on it. An application for divorce in Australia can be made without the consent or even cooperation of your ex and the fact that they won’t sign the papers won’t be enough to stop it happening.
There are number of important facts that you should consider before you book the reception and announce the date. The divorce will need to be finalized before you are free to remarry and many a wedding has been distressingly delayed waiting for this to occur.
Before granting a divorce, the Court will need to be satisfied that the ‘marriage is irretrievably broken down’ and as evidence of this, the Court asks that there be a period of separation that is of at least 12 months. That means that you cannot make an Application for divorce until you believe that you could satisfy a Court that you have been separated from your spouse for a period of 12 months.
The Court will require you to have informed the other party of the divorce hearing before it happens, in all but some very exceptional circumstances. The Court ensures this happens by applying some strict rules surrounding the service of the Application for Divorce on your spouse. The involvement of a third party in the service of documents is necessary when your spouse is not joining the application and you will need to be mindful that you comply with the strict timeframes for service as well.
If your ex takes issue with the Application for Divorce, then the divorce hearing may not proceed on the first day it is listed. The Court has been known to list matter for hearing weeks into the future to allow time for the parties to prepare and Court time for the matter to be heard.
It is important to know that the divorce is not finalised until one month and a day after the divorce is granted at hearing.
Now you are free to marry your billionaire.
Contact us and speak to an experienced family lawyer about divorce and your future.