We’ve already settled the finance and custody aspects over a year ago in family court, so now the divorce is just a formality. The application form asks for details about the kids’ care and schooling, but I’m wondering—can filing for divorce change any of the existing custody orders we already have in place?
No, filing for divorce won’t change your existing custody orders. The custody arrangements that have already been settled will remain unless you specifically file a new application to vary them. The divorce process is more about officially ending the marriage rather than revisiting custody decisions.
@Taryn
Thanks, that’s reassuring. I didn’t think the divorce would change custody, but I wasn’t sure if there was any hidden process that could impact it.
As long as your custody orders were finalised by the court and there hasn’t been a significant change in circumstances, the divorce application itself won’t affect them. You’ll just need to provide the details on the form to confirm the current arrangements.
@Hope
Got it, thanks! Sounds like it’s more just paperwork at this stage.
In Australia, the divorce is a separate legal matter from the custody orders. If you need to change the custody orders, you would have to go back to family court and demonstrate why a change is necessary. The divorce won’t automatically trigger any review of those orders.
@Speaker7
That’s what I was hoping for. We’re all good with the current custody setup, so no need for any changes.