When may the court not grant a divorce?

When may the court not grant a divorce?

If there are no suitable arrangements in place for the future care of any children under 18 years of age or children who lived as part of a family before separation, the court may not grant a divorce.

In determining whether an application for divorce should be granted, there are a number of details related to the child that the court will look at that includes some of the following considerations:

  • the location and who the children will live with (additional information such as whether the property is a rental or is owned, and the available facilities and layout may also be considered);
  • what school the children are attending and the year level;
  • any health or medical issues;
  • supervision arrangements;
  • how regular the children will see the parent they do not reside with;
  • the means in which the family obtains financial support;
  • the amount of child support being paid.

In situations where the spouse or children cannot be found, the above details may not be needed for a divorce application to be finalised.