7 Comments Family & de facto law, financial agreements, consent orders
Immaterial - doesn't matter if he brings nothing to court. He doesn't even need to bring his own application, let alone a response from the other party.
Divorce in Australia is on a no-fault basis, which means aside from the jurisidictional requirements, the only other requirement is that the parties have been separated for at least 12 months. The Court simply won't force a party to remain married against their will.
If the court is not satisfied the other party has been served with the application, it will, at best, lead to an adjournment, which might delay the process by two or three months, but not indefinitely. If the applicant can provide any evidence at all that you've been served, and you fail to file a response, the divorce will be granted.
im just worried that he is divorced in australia but still married to me in the philippines...i remain married to him, while he can get married in australia...quite unfair - but then, so is LIFE...i just hope australian court will be fair with regards to child support to our child who is autistic...thanks for the reply
As long as your ex as you indicate has taken up NZ citizenship, then if the divorce goes through in Australia you can then apply to a court in the Philippines to have the divorce recognised. That would allow you to remarry. I don't know the specifics in terms of the paperwork you need, but I know it is possible.