Frequently Asked Questions About Change Of Divorce Terms After Divorce
Divorce is a complex and emotional process, and it can be difficult to know what to do after the divorce is finalized. If you have finalized your divorce, but you find that the terms of the divorce decree are no longer working for you, you may be wondering if you can change them.
In some cases, you may be able to change the terms of your divorce decree after it has been finalized. This is called a “modification” of the divorce decree. However, not all changes in circumstances will justify a modification of divorce terms. The change in circumstances must be significant, and it must have a material impact on the parties’ lives. Additionally, the modification must be in the best interests of the parties and/or their children.
Here are some of the most frequently asked questions with answers about change of divorce terms after divorce.
- What is a variation of divorce order (or change of divorce terms after divorce)?
A variation of divorce order is a court order that changes the terms of a previous divorce order. This can be done if there have been significant changes in the circumstances of the parties since the original order was made.
- Who can apply for a variation of divorce order?
Either party to the divorce can apply for a variation of divorce order. However, the court will only grant a variation if it is satisfied that there has been a significant change in circumstances since the original order was made, and that the variation is in the best interests of the parties and/or their children.
- What are some examples of changes in circumstances that could justify a variation of divorce order?
Some examples of changes in circumstances that could justify a variation of divorce order include:
- A change in the financial circumstances of the parties, such as a job loss or a significant increase in income.
- A change in the needs of the children, such as a change in school or a change in health status.
- What are the steps involved in applying for a variation of divorce order?
The first step is to file an application with the court and get a family lawyer to assist you on this application. The application must set out the changes in circumstances that are being relied on, and the reasons why the variation is being sought. The other party to the divorce will then be given an opportunity to respond to the application.
- What is the process for hearing a variation of divorce order application?
The application will be heard by a judge in a family court. The judge will consider the evidence presented by both parties, and will decide whether to grant the variation.
- What are the factors that the court will consider when deciding whether to grant a variation of divorce order?
The court will consider a number of factors when deciding whether to grant a variation of divorce order, including:
- The changes in circumstances that have been relied on.
- The needs of the children.
- The relationship between the parties.
- The fairness of the variation to both parties.
- What are the consequences of a variation of divorce order?
If the court grants a variation of divorce order, the terms of the original divorce order will be changed. This means that the parties will be required to comply with the new terms of the order.
- What if I am not happy with the decision of the court?
If you are not happy with the decision of the court, you can appeal the decision to a higher court.
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