General

In deciding who should have the right to stay in the home, the court considers the needs of both people, including who is caring for the children. The court will be reluctant to order a person to leave the home unless the needs of the other person clearly outweigh his or her right to occupy.

A National Document Request Form is required if you need another certificate of divorce issued. You must contact a Family Law Registry before filling in the form. A fee is payable.

The effect of your divorce on any current will is to nullify any gift or reference which your will makes to your former partner. You should make a new will and do not need to wait until you are divorced to update your will.

Many people change their names without taking any formal action, as there is no law to stop people using any name they choose. However, it is advisable to have the new name properly registered, because proof can be needed - for example, when applying for a passport or marrying.

A month after the court hearing, which is when a formal "Decree Nisi" is granted, you will receive what is called a Decree Absolute from the court. You need to produce this document in the event you wish to remarry. You can sometimes shorten the month. For example, you may want to remarry as your fiancee is expecting a baby. Sometimes the Decree Absolute can be shortened to 7 days or even less in appropriate cases. You will probably need legal assistance if you want to shorten the time from the Decree Nisi to the Decree Absolute.