If you do not answer all the questions, your divorce application may not be accepted by the Court and may be sent back to you. @FedCctCourtAU, Web-based services for clients to access information about cases before the courts, Electronic lodgment of applications and supporting documents for General Federal Law cases, Pay your Family law hearing and conference fees online, Plain language translation tool of the most common terminology used in family law. Once you lock the joint application at step 4 you can then print the finalised document for signature. Are an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required). If you were married in Australia you must provide a marriage certificate. For example, in some cases, a name change certificate is required, a separation agreement or marriage contract, or other legal documents. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au, Follow us on Twitter in the How do I serve a divorce page. Using these forms are somewhat similar to Membership Application Forms wherein using them gives the opportunity to apply for something that is wanted or needed. The benefit of using this approach is that parties really do feel they are ending their relationship on the best of terms. If you are filing a joint application, both you and your spouse will need to swear the affidavit. further affidavits. This information is required at question 15 of the application. one spouse may answer most of the application, leaving aside the questions directly relating to the other spouse, and have the other spouse answer the questions relating to them. A joint divorce application is where you and your spouse agree to prepare and file the joint application together. The divorce application asks for your spouse's address for service. Affordable preparation of your divorce application. If you do not have your marriage certificate, you must obtain a copy from Births, Deaths and Marriages in the state or territory in which you were married. The divorce process changes depending on whether you make a sole or joint application. If there are children of the marriage who are under 18 years of age it is important to provide particulars of the arrangements in Part F of the application including housing, if not at school - care arrangements, schooling - grade and progress - care before and after school, health of the child/ren, contact with each parent and if no contact, why?, financial support provided for the child/ren if not, why not? Application. Even if you are already registered it is important to read steps 1 to 10 at How do I start eFiling the application once I am registered in the How do I file section below to get started. Step by step guides. You should attend if you are applying for an order for substituted service or a dispensation of service in the circumstances when you cannot find the respondent to serve the court documents - see information about Service at How do I serve a divorce?. You can apply electronically if you are eligible for a reduced fee or applying for a reduced fee due to financial hardship. You will need access to a scanner, printer and a visa or mastercard. See Marriage equality in Australia on the Attorney-General's Department website and the Fact Sheet, Family Law implications of the recognition of same-sex marriages for further information. your passport showing the date of arrival at least one year prior and a valid or current visa. Hence, the Divorce process is quicker and it saves a lot of time. Print. © Copyright Federal Circuit Court of Australia. The second type is an uncontested divorce. Sample letter to your ex. Your divorce order will be available for you to download from the Commonwealth Courts Portal the next working day after the order has become final. You need to fill out the right forms for your province or territory and file them in a court. If you are not eligible for the reduced fee, but payment of the full fee will cause you financial hardship you can apply for the reduced fee due to your financial hardship. In the case of a joint application, you and your spouse must prove to the court (a) that you have lived apart from each other for a continuous period of at least 1 year before making the application; or (b) that not less than 1 year prior to the making of the application a notice (Form 2E) signed by each of such parties was given to the court and that the notice was not subsequently withdrawn. Joint Application for Divorce If both you and your spouse agree on all of the issues, and are willing to cooperate in the divorce process and sign paperwork, you can apply to the court together as ‘joint applicants.’ In this case, you and your spouse are called the ‘applicant’ and the ‘co-applicant.’ If you are unable to obtain a marriage certificate from overseas you must provide an Affidavit setting out the details of the marriage and the reasons why you are unable to provide the certificate. Joint divorce uncontested Divorce mean when both spouses file a joint application for divorce application in court. 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. Every application for divorce is different, depending on your circumstances you may be asked to file further documents. If you are unable to locate your spouse, even after you have taken all reasonable steps to locate them you can put their address as 'unknown'. Joint application for divorce (Order dissolving a marriage or civil union) [PDF, 3.2 MB] You don’t have to fill in the forms together or swear the affidavit together. This information is required at question 14 of the application. How do I register and manage my law firm on the Portal? Joint application for divorce JuridiQC will soon guide you through the five main steps of a joint application for divorce. in the How do I serve a divorce? The spouse making a sole application is known as the applicant. If you are unable to eFile contact the National Enquiry Centre by email so we can provide you with the appropriate forms. In order to qualify for a reduced filing fee when you file for divorce, certain types of documentary evidence would need to be provided to the Court. To electronically file or access court files on the Commonwealth Courts Portal a user must first register. If you were married overseas you should contact the relevant authority in that country to obtain a copy of your marriage certificate. If, after all reasonable attempts you cannot obtain a copy of your marriage certificate you will need to prepare and file an, how our services are being delivered and how you can access them, File further documents to support my application for divorce, Register for the Commonwealth Courts Portal, Navigating through the Commonwealth Courts Portal, Apply to the court when parenting orders have been breached or not complied with. It is recommended that you print the divorce order double sided and in colour. Applications for Divorce (Same-sex couples) can now be completed online. If your Divorce Application is successful, the Court will grant the Divorce … The other spouse is known as the respondent. A joint petition for divorce allows both parties to apply for a divorce together rather than separately. If you are making a joint application, you will need to answer all of the questions. are the same everywhere. You can apply for a divorce in Australia if either you or your spouse: regard Australia as your home and intend to live in Australia indefinitely, or are an Australian citizen by birth, descent or by grant of Australian citizenship, or ordinarily live in Australia and have done so for … Are lawfully present in Australia and intend to continue living in Australia. If you and your ex-spouse are in a position to divorce amicably, you can draw up a draft agreement in which you settle all aspects of your divorce. JOINT APPLICATION FOR DIVORCE A Joint Application is completed by both you and your spouse. Home If you are applying on your own, you should not refer to the intention of your spouse unless you can provide further information as to how you knew what your spouse's intention was at the time. $10 to file the Registration of Divorce Proceedings. If you filed a sole application, you will be required to serve your divorce. In a joint divorce application, other forms/documents may be required depending on your particular situation. Family Law implications of the recognition of same-sex marriages, Affidavit of Translation of Marriage Certificate, National Accreditation Authority for Translators and Interpreters Ltd, Have you been married for less than two years, Separated and living under the same roof in the last 12 months, Change of name from married or maiden name, Application for reduction of payment of divorce or decree of nullity - financial hardship, Registering for the Commonwealth Courts Portal. Before you start your application it is important to understand whether to file a sole or joint application, as there are different obligations in either case. It is quick and cheap. If you were married overseas it is important to read More information as you may need to have your marriage certificate translated. Note: Divorce proceedings do not finalise any arrangements regarding parenting and property/finances. Both applicants must sign the Affidavit for eFiling Application (Divorce). Alternatively, the Australian government funds a range of legal assistance services that may be able to assist you, including Legal Aid Commissions and individual Community Legal Centres, which offer free and low cost advice. This page explains how to apply in both ways, and the difference your choice makes to the divorce process. The Federal Circuit Court of Australia acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. You should bring all documents with you to court including a copy of your application and service documents. Where a divorce is mutually agreed between the parties, by section 11B(1) an application for divorce shall be made to the court jointly by both parties to the marriage. For a joint application, the parties are joint applicants. Or, your lawyer can do this work for you. Being required to attend court depends on whether there are children of the marriage under 18 years old - see the Divorce Cases page under Using the Court for more information). Applications for divorce should be eFiled online using the Commonwealth Courts Portal. Each heading has information you may need before you apply. To see if you are eligible go to Guidelines for fee reduction. The ‘shall’ here means that such an application must or can only be made by both parties. To get a divorce you must have been separated for 12 months and 1 day or longer. If you are unable to effect service on your spouse, even after you have taken all reasonable steps to locate them, see What if I am unable to locate my spouse? You should advise FRAL that you are seeking legal advice and they will take your details and a lawyer will call you back. You do not need to serve documents on the other party if you make a joint application. Only you need to sign Part G in the presence of an authorised witness For a joint application, the parties are joint applicants. The Federal Circuit Court of Australia has the jurisdiction or power to deal with dissolution of marriage (i.e. If you do not know the answer and have made all attempts to find the answer, insert ‘not known’. If your request to attend by telephone is not confirmed you should follow up by email. If you are applying on your own (sole application for divorce) You are the applicant and your spouse is the respondent. How do I register and manage my law firm on the Portal? Joint Application for Divorce Form 59.46 ; Affidavit supporting an uncontested divorce Form FD12 . If you file the application together with your spouse you are joint applicants and you are not required to serve the other party. For more information see the section What if I am unable to locate my spouse? Simple Fast Affordable. How do you start eFiling the application once you are registered? In divorce petitions that are not joint, one party petitions the court for a divorce while the other party responds to the petition. Joint Application for Divorce on Draft Agreement. Court attendance is not required if there are no children of the marriage. View You Tube video about registering and eFiling in the Commonwealth Courts Portal. You cannot sign and file the application until you have been separated from your spouse for at least 12 months. Court attendance is only required if you have filed a sole application and there is a child of the marriage aged under 18 years at the time of filing or you have indicated that you wish to attend in question 2(a) of the application. The Divorce Act is a federal law, but the provinces and territories are responsible for the processes for getting a divorce. The affidavit page has more information on having documents sworn. Important of Divorce Application Forms. If you are filing a sole application only the applicant needs to be eligible for the reduced fee. Our quick divorce online process takes only a few minutes leaving you with a cheap divorce and saving you up to $1500 in legal fees. Joint Divorce Application. divorce) under Part VI of the Family Law Act 1975. If you file the application by yourself as a sole applicant, you are required to serve the Application for Divorce on the other party. The key advantages of a joint divorce are that the parties do not have to serve the application on the other since both spouses are technically applicants. Divorce Without A Lawyer. The court is unable to provide legal advice because to do so could seriously compromise the court's ability to impartially determine a case. Court attendance is required if there are children under the age of 18 years. If you do not have a marriage certificate contact the Registry of Births Deaths and Marriages in your state or territory. The filing fee for a divorce application in the Federal Circuit Court will normally be $910. You should request this using the Telephone/Video link attendance request form which can be eFiled. How do I eFile further documents to support my application for divorce? After registration you will receive an auto-generated email with your username and temporary password. A fee of $930 is payable or you may be eligible for a reduced fee of $310. If the name you use now is different from your married name or maiden name you will need to file an affidavit explaining the difference in names. All contents copyright © Government of Western Australia. If it is difficult for you to attend in person you can ask the court to appear by telephone, you need to do this as soon as possible after you have filed the application. Sole Divorce Application. You can then file a joint application on the basis of your draft agreement. You may prepare your own divorce application or ask a lawyer to do it for you. To get a divorce, you will need to file an application for divorce. View You Tube video about eFiling in the Commonwealth Courts Portal. It means that you and your spouse agree about getting a divorce and that you agree about all of the family law issues relevant to your situation, such as spousal support, and the division of family property and debts. The other spouse is known as the respondent. Everything you need for a quick and simple divorce. If you do not know the whereabouts of your spouse you will need to apply to the court for a service order. To arrange counselling contact the Family Relationship Advice Line (FRAL) on 1800 050 321. Note: Same-sex couples whose marriages are recognised can access Australia's divorce system if they meet the requirements for divorce under the Family Law Act 1975, regardless of when the marriage was solemnised. A lawyer can also explain how the law applies in your case. Additional Divorce Application Requirements, Applying on your own or with your Partner, Service by Post or Electronic Communication, Affidavit Supporting a Recovery Order Application, Responding to Parenting Order Application, Responding to Property and Financial Order Applications, you and your spouse can sit down together and fill in the application, or, one spouse may fill in the entire application and have the other spouse check it, or. You must have been living in Australia for at least the last 12 months - evidence must be provided e.g. Joint and simple divorce applications. You … any child who was treated as a member of your family prior to your final separation; for example, a step-child or foster child. Court … The divorce order has an electronic seal and signature and is an original order. Joint divorce means making an application for a divorce together with your spouse. Once the divorce is granted it will be finalised one month and one day later unless a special order is made by the court to shorten that time. Court attendance is not required if you file a joint application. At Part A Question 1 you must select whether you are filing the application on your own (sole) or together with the other party (joint). For help see How do I eFile further documents to support my application for divorce? It is important to make sure that the names at Q.13 are the same as on your marriage certificate otherwise you may be required to provide further evidence. If you are eligible for a reduced fee you will need to provide evidence. You can provide the certificate provided by Births Deaths and Marriage or your ceremonial certificate. You do not need to serve documents on the other party if you make a joint application. You and the other party can apply together for divorce. For example, if you separated on 7 November 2015 you cannot apply for a divorce until 8 November 2016. If you are currently living overseas and meet the above criteria, you must provide an address for service in Australia. When making a Joint Application, both parties are required to sign the application (you can each sign on separate days). See r.25.11 FCCR 2001 for more information. Once you lock the joint application at step 4 you can then print the finalised document for signature. Divorce service kit. The respondent does not need to sign the Affidavit for eFiling Application (Divorce) however you do need to serve the application on the respondent. It will also mean you will not usually be required to attend court, as the decision can be made based on the paperwork. If you were already registered and we are providing access to your file, you will receive an email from us setting out how to navigate the portal and print your orders. We provide you with your completed divorce kit and you need to do is lodge the divorce papers at the court. Make sure you have your marriage certificate and any other required documents scanned and saved on your computer where you can find them easily. Completed divorce application. You are not required to provide evidence at the time of application, but if the other party disputes the separation date you may be required to provide affidavit evidence at a later stage. You can apply for a divorce by yourself (sole application) or together with the other party to the marriage (joint application). See Separated but living under one roof for more information. Below you will find a sample joint divorce petition. If you cannot provide an address in Australia and you wish to use your spouse’s address as your address for service you and your spouse should prepare and file an affidavit each with your application verifying that you are still separated and explaining why your address for service is the same. You do not meet the requirements to be eligible to apply for a divorce in Australia. In the meantime, please consult the Application for divorce based on a draft agreement guide from Quebec’s Ministère de la Justice for help starting this application on your own. JOINT APPLICATION FOR ORDER DISSOLVING A MARRIAGE OR CIVIL UNION Dissolution application pack 2 Please read through this application pack before completing the form section This application pack is to be used where both parties to a marriage or civil union wish to make an application together to dissolve their marriage or civil union. If you were married overseas and your marriage certificate is not in English you will need to have the certificate translated and attach both documents to an Affidavit of Translation of Marriage Certificate from the translator. It is also advisable to attend if you are required to provide additional affidavit material to explain circumstances such as separation under the same roof/ married less than two years and other situations which may impact on the outcome of your matter. →Making an Application→Divorce→Applying on your own or with your Partner. FRAL will advise you of a timeframe on the call back, you should advise if it is urgent. This divorce order is the only official and original record the court issues and is evidence that a divorce order has been made. If you have been separated and living in the same residence for any part of the twelve months prior to filing your application you will need to provide extra evidence to prove that there has been a change in the marriage by preparing and filing an affidavit. How do I request access to a law firms files, Are you having trouble serving your divorce application, Do you have fears for your safety when attending court, Dispute resolution in family law proceedings, Exposure to family violence and its effect on children, Parental conflict and its effect on children, Preparing an affidavit (general federal law), Register for the Commonwealth Courts Portal and eFile an application for divorce. any child of you and your spouse, including children born before the marriage or after separation, any child adopted by you and your spouse, or. If you are filing a joint application both parties must be eligible for the reduced fee - if only one party is eligible the full fee applies. It is important to read steps 1 to 10 at How do I start eFiling the application once I am registered in the How do I file section below to get started. Divorce is dealt with separately to other types of family law proceedings. Only you as the applicant are required to sign the Affidavit for eFiling Application (Divorce). You should complete the Application for reduction of payment of divorce or decree of nullity - financial hardship for consideration. For information on how to do this see Electing to receive email notification for any open applications on the How do I navigate through the Portal page. Once you have submitted the application, the Court will check the documents are complete and meet the filing requirements. For example if you hold a health care card, you will need to provide a photocopy of your card (both sides). If it’s a sole application, you will have to serve the application and your spouse will have an opportunity to respond to the application. There are a few different court fees when applying for divorce: Either $30 or $200 to open a family law case with the Supreme Court: $30 if you file a separation agreement first, or. Check each of the headings below in case they are relevant to you. The spouse making a sole application is known as the applicant. Joint Petition for Divorce. Checklists. Simply put, in a Joint Divorce all of the documents are completed and executed by both parties. [Caption, Introduction, see Captions, Prayers, Etc.] for details and a helpful video. If you are completing the application on your own, you need to answer all the questions that relate to you and your spouse. The Family Relationship Advice Line (FRAL) can help you with free legal advice and information about services available to assist anybody with family relationship issues - call 1800 050 321 (+61 7 3423 6878 if you are overseas). You can choose to file either a sole application or a joint application. You will be prompted to create a new password and accept the terms and conditions. For more information see: Cannot serve the divorce documents section of the How do I serve a divorce page. Both applicants must sign the Affidavit for eFiling Application (Divorce). You should be prepared to provide the court with information, if it is required, about what happened or what was said on the date of separation to show that one or both of you intended to end the marriage. There are a number of ways this can be done: Once you have completed the application, you and your spouse will both have to sign the affidavit of eFiling before an authorised witness. When making a Joint Application, both parties are required to sign … You don’t have to incur the costs of a process server. Start Here. Joint Application. If you are required to attend the hearing see tips for your court hearing and the court tour video which provides a guide to the courtroom and court etiquette. Arrange and Manage . 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