In Australia, there are certain divorce application forms that parties must fill out during the divorce process. For example, the affidavit for e-Filing application is one such divorce application forms. This blog will share some of the important forms that you must fill out if you are getting a divorce.
It is important to note that parties use the same online application, regardless of whether they apply for a sole divorce application or a joint divorce application. You must apply for divorce through the E-filing portal – Commonwealth Courts Portal – here.
What Are Some Types of Divorce Application Forms in Australia?
In Australia, parties make divorce applications through the Federal Circuit Court of Australia or rather the Federal Circuit and Family Court of Australia (website here: FCFCOA). The forms required for a divorce application can vary depending on individual circumstances. Moreover, you may also require affidavits. An affidavit is a written statement that a party prepares to present facts of the case to a court.
Some of the common forms required for divorce applications in Australia include:
- Application for Divorce (Form 3): This is the primary form that parties need for a divorce application in Australia. It includes personal details of the parties, grounds for divorce, and details about the children of the marriage.
- Notice of Intention to Apply for Divorce (Form 2): Parties use this form to notify the other party about the divorce application and to provide them an opportunity to respond.
- Affidavit (Form 59): Parties use this form to provide evidence supporting the divorce application, such as details about the breakdown of the marriage, arrangements for children, and financial matters.
- Acknowledgment of Service (Form 6): This form is used to confirm that the other party has received the divorce application.
- Application for Reduction of Divorce Fee (Form 2A): Parties use this form to apply for a reduction in the divorce application fee if they are experiencing financial hardship.
In addition, note that divorce applications can be complex and require careful consideration of individual circumstances. This is why we recommend that you seek legal advice before submitting your divorce application. Read on to learn more about divorce application forms in Australia.
Other Divorce Application Forms
Some other divorce application forms are as follows:
- Acknowledgment of Service form. This form is used to acknowledge that a party has served all the filed documents. In this form, the person serving the documents must complete Item 1 and Item 2 before they serve it to the respondent.
- Affidavit for eFiling application form. The applicant/applicants for divorce must sign this form. It is a part of the Application for Divorce.
- Affidavit of Service by Hand form. This is applicable when a sole applicant for divorce is arranging the service of the divorce application to their spouse by hand. While the applicant cannot themselves serve the application to their spouse, they have to arrange a server who can be a family member, friend, or professional process server.
- Affidavit of Service by Post form. Sole applicants use this form to serve the divorce application to their spouse by post.
- Affidavit Proving Signature form. In cases where the individual serving the Application for Divorce is unfamiliar with the recipient, the applicant must fill out this specific form.
- Affidavit Translation of Marriage Certificate form. If the marriage certificate is in any language other than English, it will need translation.
- Response for Divorce form. This form is for respondents who do not agree with the information provided in an Application for Divorce and either wish to go ahead with the divorce, or disagree with the separation date and do not wish to proceed.
Importance of Knowing About Divorce Application Forms Australia
There are various reasons why you should be well-informed about divorce application forms in Australia. Because a divorce or separation can be emotionally challenging, it is necessary to stay on top of these matters so that you do not feel overwhelmed.
- Legal Requirement: To obtain a divorce in Australia, a person must complete a divorce application form. The form provides essential information about the parties, including their names, addresses, and details of any children of the marriage. Filling out the form correctly is a legal requirement, and failure to do so could delay or even prevent the granting of a divorce.
- Time and Cost Saving: Familiarity with divorce application forms can save time and money. If you do not fill out the form correctly, you will have to refill and resubmit it. Thus, you might encounter delays and incur additional costs. By understanding the process, you can complete the application form accurately and avoid these issues.
- Empowerment: Understanding the divorce application process can be empowering. Hence, knowing what is required allows you to take control of the process, make informed decisions, and ensure that your interests are protected.
- Protection of Rights: Completing a divorce application form can also help to protect your rights. For example, if you have children from the marriage, you will need to provide details of your parenting arrangements. Ensuring that these arrangements are recorded accurately in the form can help to protect your rights and the rights of your children.
To summarise, it is important to understand divorce application forms in Australia, especially if you are considering or going through a divorce. This can ensure that the process runs smoothly, you protect your rights, and you save time and money.
Seek Advice from Family Lawyers
In Australia, getting a divorce involves many other important steps such as property settlement and finalising child custody matters. The outcome of every case differs on a case-by-case basis. This is why you will require legal advice to ensure that you get the best possible outcome. Maybe you are looking to make a sole application for divorce. Perhaps you are in need of financial orders from family court.
At JB Solicitors, we have a team of leading family lawyers. They have a wealth of experience in dealing with a variety of cases. Our mediation and arbitration team can help you and your former partner to resolve any disputes about property and children matters.
You can read our other blogs on topics ranging from family violence, the Family Law Act, court fees (full fee and filing fee), and divorce papers here.
If you have an enquiry on divorce application forms, do not hesitate to contact our friendly and experienced staff today. Reach out to us here.
