Joint Divorce Application
A joint divorce application is a process where both parties in a marriage mutually agree to apply for divorce together.
This method simplifies the procedure, reduces conflict, and often leads to faster outcomes, as both spouses consent to the terms and conditions of their separation.
In Australia, a joint divorce application can be filed in the Federal Circuit and Family Court or, in Western Australia, the Family Court of Western Australia.
This guide will help you understand the steps and requirements for filing a joint divorce application.
What is a Joint Divorce Application?
A joint divorce application involves both spouses agreeing to apply for a divorce together.
Unlike a sole application, where only one party initiates proceedings, a joint application is submitted by both parties, indicating mutual consent.
This approach can save time and reduce legal costs. The court requires that the marriage has broken down irretrievably and that there is no reasonable chance of reconciliation.
Key Takeaway: A joint divorce application is a cooperative process where both spouses agree to file for divorce, streamlining the procedure.
Eligibility Criteria
To be eligible for a joint divorce application in Australia, certain conditions must be met:
- Separation Period: Both parties must have been separated for at least 12 months. You can still live under the same roof but must provide evidence of separation.
- Marriage Jurisdiction: At least one party must be an Australian citizen, domiciled in Australia, or ordinarily residing in Australia for at least 12 months before filing.
- Legal Marriage: The marriage must be legally recognised in Australia, and a copy of the marriage certificate should be provided.
- Consent of Both Parties: Both spouses must agree to the divorce, sign the application, and comply with any court orders.
Key Takeaway: Meeting the eligibility criteria requires a minimum 12-month separation period and mutual consent.
Steps to Apply for a Joint Divorce
To apply for a joint divorce in Australia, follow these steps:
- Complete the Application Form: Fill out the “Application for Divorce” form online or manually via the Commonwealth Courts Portal. Ensure all details are accurate.
- Sign and File the Application: Both parties must sign the form before a qualified witness, such as a Justice of the Peace or solicitor, and file it with the appropriate court.
- Pay the Filing Fee: A filing fee is required, but it may be reduced for eligible applicants, such as those with a health care card.
- Attend a Court Hearing (If Required): A hearing may not be necessary, but the court might require attendance if there are issues regarding children or property.
Key Takeaway: To proceed with a joint divorce application, complete the necessary forms, sign with a witness, and pay the filing fee.
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Required Documents
The following documents are typically required:
- Marriage Certificate: A certified copy must be provided. If not in English, a certified translation is necessary.
- Affidavit for eFiling: If documents are missing or incorrect, an affidavit must be submitted explaining the situation.
- Documents for Children: If children under 18 are involved, additional documents related to their care may be needed.
- Proof of Identification: Copies of identification documents may be required to confirm identity.
Key Takeaway: To avoid delays, provide all necessary documents, including the marriage certificate and any affidavits.
Fees and Costs
The standard filing fee for a joint divorce application is approximately $940, with possible reductions for eligible applicants.
You may be eligible for a reduced fee if you have a concession card or face financial hardship. Additional costs may include legal fees if you seek legal advice.
After Submitting a Joint Divorce Application
After submission, the court reviews the documents. If all requirements are met, a divorce order is issued one month and one day after the hearing or processing date, officially ending the marriage.
If there are children, the court must ensure proper arrangements are made for their care. Disputes about children, property, or finances may need separate resolution.
A joint divorce application is a practical choice for couples mutually agreeing to divorce, offering a cooperative and less adversarial process.
You can navigate the process smoothly by meeting the eligibility criteria, following the correct procedures, and submitting the necessary documents.
Consider seeking legal advice if there are any complexities.
