VIC Divorced without acknowledge

[Tarvuth Lee]

My family is immigranted to Australia for 6 years already and suddenly my dad want to get a divorce. Without my mum’s knowledge, somehow he took her to the police and asked her to sign a divorce paper. My mum can’t read nor she can understand English. He told her that it was just a paperwork that they need for their New Zealand’s trip. Hence, My mum had signed it without knowing she is getting divorce. I just found out about yesterday, there is any way that we can provoke that paper? Even, she is a victim but she still love husband . And I don’t want my family ended like that , Any comment or help?

 

[Rod]

Yes, something can be done. But why?

Breaking up is often hard on the children however in Australia no fault divorce is the law and after 12 months separation one party can get a divorce against the wishes of the other party.

You may be able to get the divorce reversed, however chances are your father would just apply again after 12 months of separation (may have already happened) and in the meantime you cause extra stress and put extra costs onto your mum getting a divorce reversed only to have to go through it again.

You are better off helping your mum get over the divorce and starting the next stage of her life.

 

[Tim W]

1. Police don't officiate on divorce.
2. Even if genuine, it might only be an application. Check the document.
3. Religious divorce (such as talaq) doesn't have any legal effect in Australia.
   Only the Family Court can grant a divorce.
4. Your father may have committed an offence call (for short) "Make And Use False Instrument".
   That's on him, your mother will not get in trouble for what he does.

This is not a Do It Yourself scenario.
Your mother needs a lawyer, and her lawyer needs to see what she signed.
if the divorce is to go ahead, then your mother will also need a lawyer
to make sure she gets a favourable property settlement.