- (1)
- If the Director of Public Prosecutions applies under section 79C or
90N of the Act to stay a property settlement or spousal maintenance case, the
Director must, at the same time, file a sealed copy of the proceeds of crime
order or forfeiture application covering the property of the parties to the
marriage or either of them, if not already filed.
(2) An application under
section 79D or 90P of the Act to lift a stay of a property settlement or
spousal maintenance case must have filed with it:
- (a)
- proof that the
proceeds of crime order has ceased to be in force or that the forfeiture
application has been finally determined; and
- (b)
- if made by a party, the written consent of the Director of Public
Prosecutions under section 79D or 90P of the Act.
Note
A party seeking a stay of a case or an order lifting a stay under this
rule must file an Application in a Case (Form 2) (see Chapter 5).
Summary
of Chapter 3
Chapter 3 sets out the procedure for obtaining a divorce. You
may also need to refer to other Chapters in these Rules, particularly Chapters
7 and 24, when applying for a divorce.
The rules in Chapter 1 relating to the
court's general powers apply in all cases and override all other provisions in
these Rules.
A word or expression used in this Chapter may be defined in the
dictionary at the end of these Rules.
Irretrievable breakdown of marriage (Act s 48)
File Application for
Divorce (Form 3) (r 2.01)
Application by both parties
Application by 1
party
28 days
Service on other party (r 7.04)
Response (if any)
(r 3.04)
Hearing (Parts 3.3 and 3.4)
Divorce order (Act s 54)
1
month
Certificate of divorce issued by court (Act s 55)