We see that you want to apply for a joint divorce application form. This means that both you and your ex agreed to have a divorce. Most couples tend to argue with just the idea of a divorce, so you and your ex should give yourselves a pat on the back for going through with this tough decision. It’s not the easiest decision, but also not the hardest one.
Divorce is an emotion-inducing process. Whoever is ever ready for divorce proceedings, especially if parenting matters or huge assets are at stake? Ex-couples who want a proper divorce will eventually need to communicate and agree on property settlement and custody matters. Let us now discuss how a couple can go through a joint divorce amicably.
Are You Eligible for a Divorce?
To apply for a divorce in the Federal Circuit and Family Court of Australia, you or your ex-partner must meet certain conditions:
- One of you must be an Australian citizen or live in Australia, and
- You consider Australia your permanent home, or normally live in Australia
- You have lived in Australia for at least 12 months before applying for a divorce
- Both of you must have been separated for at least 12 months.
You can still apply for a divorce if you had an overseas marriage, or if you don’t know where your partner is, as long as you live in Australia. If both of you are applying for a joint divorce, you won’t need to serve divorce documents to the other party. Only applicants who apply for a sole divorce application form will need to serve the form on their spouse.
I’d Rather File for a Divorce Alone
So, do you think you need or want to file for a divorce alone? Then you will need to file for a sole application for divorce. If you make a sole application, you are the applicant, and the other party is the respondent.
What Is a Joint Divorce Application form?
A joint divorce application simply pertains to the collaborative effort by both parties to formally end their marriage. This means both spouses work together to agree on key aspects of their separation, such as:
Filing the Marriage Certificate
- Necessary documentation, such as their marriage certificate. If the certificate is in a foreign language, the ex-couple must hire an approved practitioner to translate it. The applicant must file an affidavit if they cannot obtain a copy of their marriage certificate despite reasonable attempts.
- Ex-couples who were married for less than two years will need a counselling certificate.
Financial Matters
- Division of assets and debts (property settlement) – This includes outlining how you’ll divide properties, vehicles, savings, investments, superannuation, and any outstanding loans. You’ll need to determine ownership percentages or specific items allocated to each individual.
- Spousal maintenance (if applicable) – If one spouse requires ongoing financial support from the other after the divorce, the amount and duration of such payments need to be clearly defined.
Children’s Arrangements (if applicable)
- Parenting arrangements – This focuses on determining custody (legal and physical), residency (where children primarily live), and access schedules for the non-resident parent.
- Child support – Establishing a fair and consistent financial contribution towards the children’s needs is crucial.
Additional Agreements
- Costs and legal fees – Share or specify how legal fees associated with the divorce will be handled.
- Superannuation splitting (if applicable) – Agreement on whether or not to split superannuation interests.
- Other relevant matters – You can include any other specific financial obligations, debts, or assets that need specific allocation
How to Apply for a Joint Divorce Application Form?
The joint divorce application form is found in the Commonwealth Courts Portal. The applications should be e-filed online using the portal. You can submit or access your application anytime online. But first, you have to register for the Portal. Once registered, you can now start the eFiling process.
Basically, this is the content of the joint divorce application form in the portal:
Preliminary Procedure
- Select Start a new file even if you have had previous family law proceedings. Divorce is dealt with separately from parenting and property proceedings.
- Tick a box to confirm whether you are filing on behalf of a law firm or on your own behalf, and select Continue the Confirm (if required).
- Read the eFiling obligations and tick the box to confirm you understand and agree to the eFiling obligations, then select Confirm.
Application Proper
- Select Application for divorce from the drop-down box, then click Continue.
- Select the appropriate court, then click Continue.
- Add in a title and a description so you can easily find the application when you save it, and if you need to go back into it at another time, then select Create, then click OK to confirm. Note: Applications remain on the system for 90 days and are then automatically deleted for security purposes.
- Complete Step 1 Parts A – F. Remember to select Save at each page. When you have completed all the parts, you should have green ticks against all the headings. If you don’t, go back and check that each page is complete.
- Select print preview to look at the document and check the contents. It is important to check the information in the application is correct at this stage before you lock the application at step 3.
Uploading of Documents
- At Step 2, upload any required or additional documents like your marriage certificate and other relevant documents. The documents to be uploaded will depend on how you answered the questions in Part A – F.
- At Step 3, select Lock and Continue – you are unable to make any changes once you have locked the application. The application will be deleted after 90 days if there is no activity.
Printing and Signature
- At Step 4, print the application. You will need to sign the Affidavit for eFiling Application (Divorce). If you are lodging a joint application, both parties must sign the affidavit before a lawyer or a Justice of Peace (JP).
The affidavit can be signed by both parties at the same time or separately, but both signatures must be witnessed by a lawyer or JP (if the signatures are witnessed at the same time, it can be by the same lawyer or JP).
If both parties are unable to sign the affidavit, then two affidavits can be uploaded together. Note that it is important if you have your affidavit witnessed by a Justice of the Peace that the JP provides their JP number.
Joint Divorce Application Form: Final Steps
- At Step 5, upload the signed Affidavit for eFiling Application (Divorce). Note that only the Affidavit of eFiling is required; the application does not need to be uploaded again.
- At Step 6, download the brochure Marriage, Families and Separation. The Australian government requires all parties to read this document.
- At Step 7, submit the application and pay the filing fee, then select the state and location where you would like the divorce to be dealt with. In some cases, for example, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee. All fees must be processed at the Commonwealth Courts Portal
- Select a court date. All divorces are listed in the family court, even if you are not required to attend. The dates provided here are the next available dates and cannot be brought forward.
- If you filed a joint application, you should provide a copy of the application to the other party for their records.
To check out other forms related to Divorce in Australia, read this article.
FAQS About Joint Divorce Application Forms
| Q: Will we need to attend a court hearing? A: No. You can make your property settlement agreements outside the court. However, you will need to attend court if there are children under 18 when you file for a sole divorce application. |
| Q: I filed for a sole divorce application form. Is there a time frame I need to follow when I serve the documents to my ex-spouse? A: Yes! Let’s look at the timeframes:If your spouse is in Australia, the documents must be served to them at least 28 days before the court hearing.If your spouse is overseas, the documents must be served to them at least 42 days before the court hearing. |
| Q: I’m scared to file for a joint divorce application form because my partner might hurt me. What can I do? A: Domestic abuse or violence is a serious issue and can prevent certain spouses from asking for help, let alone filing for divorce. Such spouses can contact the following: 1. National Domestic Violence Hotline: 1800 799 7233 2. 1800 respect: 1800 737 732 3. Mensline: 1300 789 978 4. Men’s Referral Service: 1300 766 491 5. Lifeline: 13 11 14 |
| Q: My partner suddenly wanted to pull out of the divorce, but I still want to push through with it. What can I do? A: If this is the case, you can file for a sole divorce application instead. |
| Q: When can I remarry after a divorce? A: You can only remarry once a divorce is finalised. Don’t attempt to remarry while you are still going through divorce proceedings. |
Let Us Help You Get Through Your Divorce Easily
Going through the divorce process, even collaboratively, can be stressful and emotional. That is why you must get the legal guidance you deserve from JB Solicitors’ qualified family lawyers who are experienced in divorce matters.
Whether you want to file for a sole application or a joint application, we can help you decide easily and finish your divorce properly. We can help you and your ex-spouse work collaboratively with your spouse to reach a peaceful agreement that benefits everyone involved.
Contact us today if you need help with a divorce hearing or if you need help choosing between a sole or joint application.
