Joint Divorce Application Form

Before discussing the joint divorce application form, let us first tackle joint divorce proceedings in Australia. Divorce can be an emotionally stressful process, even more so when going through it it collaboratively. Yet, for many couples in Australia, a joint divorce application offers a smoother and less adversarial path toward ending their marriage and as compared to a sole application for divorce.

To apply for a divorce in the Federal Circuit and Family Court of Australia, you or your ex-partner must:

• Be an Australian citizen or live in Australia; and
• Consider Australia as your permanent home or normally live in Australia
• Have lived in Australia for at least 12 months before applying for a divorce and have been separated for 12 months.

You can still apply for a divorce if your marriage took place overseas, or if you don’t know where your partner is, as long as you live in Australia.

A joint divorce application is a process where both parties to a marriage apply for a divorce together, making them joint applicants. Parties prefer this type of application when both spouses agree to end the marriage amicably and wish to avoid the need for one party to serve the application on the other. 

This article will discuss the essentials of joint divorce applications by providing comprehensive information and guidance for couples considering this option.

What Is a Joint Divorce Application?

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:

1. 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, they mush clearly define the amount and duration of such payments.
2. 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-residential parent.
   • Child support – Establishing a fair and consistent financial contribution towards the children’s needs is crucial.
3. Additional Agreements
   • Costs and legal fees – Sharing or specifying how they will handle legal fees associated with the divorce.
   • Superannuation splitting (if applicable) – Agreement on whether or not to split superannuation interests.
   • Other relevant matters – They can include any other specific financial obligations, debts, or assets needing specific allocation.

How to Apply for a Joint Divorce?

You can find the joint divorce application form in the Commonwealth Courts Portal. Parties must eFile applications 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:

Joint Divorce Application Form: Preliminary Procedure

1. Select Start a new file even if you have had previous family law proceedings. Divorce is dealt with separately to parenting and property proceedings.
2. 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).
3. Read the eFiling obligations and tick the box to confirm you understand and agree to the eFiling obligations then select Confirm.

Application Proper

1. Select Application for divorce from the drop down box then Continue.
2. Select the appropriate court then Continue. 
3. 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 OK to confirm. Note: applications remain on the system for 90 days and are then automatically deleted for security purposes.
4. 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 each page is complete.
5. 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.

Joint Divorce Application Form: Uploading of Documents

1. 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.
2. 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.
3. 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 JP. 

Both parties can sign the affidavit 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, the 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

1. 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. 
2. At Step 6, download the brochure Marriage Families and Separation. The Australian government requires all parties to read this document. 
3. 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
4. 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.
5. 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.

Schedule a Consultation with Our Family Lawyers

Going through the divorce process, even collaboratively, can be stressful. That is why you must get the legal guidance you deserve from JB Solicitors’ qualified family lawyers. We have the experience of dealing with joint divorce applications.

Work collaboratively with your spouse with the aid of a family lawyer to reach a peaceful agreement that benefits everyone involved. We can also help if you opt for a sole application for divorce.

Contact us today if you need help with a divorce hearing or if you need help choosing between a sole or joint application.