Divorce Application Sole / Joint
In Australia, divorce applications can be filed as either a sole or joint application.
Sole Divorce Application
Filing Party
Only one party initiates the divorce proceedings by filing the application with the Family Court of Australia or the Federal Circuit Court, depending on the circumstances.
Requirements
To file a sole divorce application, the applicant must meet the legal requirements for divorce in Australia. These include having a valid marriage recognized by Australian law, demonstrating that the relationship has irretrievably broken down, and meeting the separation requirement of at least 12 months.
Service of Documents
After filing the application, the applicant is responsible for ensuring that the divorce documents are served on the respondent in accordance with the court’s rules. This typically involves delivering a copy of the application and related documents to the respondent.
Consent of the Respondent
In a sole divorce application, the consent of the respondent is not required. The respondent may choose to participate in the process by filing a response to the application, but it is not necessary for the divorce to proceed.
Joint Divorce Application
Filing Party
Both parties participate in the divorce process by jointly filing the application with the Family Court of Australia or the Federal Circuit Court.
Agreement
In a joint divorce application, both parties must agree that the marriage has irretrievably broken down and that they wish to dissolve the marriage. This requires mutual consent and cooperation between the parties.
Requirements
Similar to a sole application, the legal requirements for divorce in Australia must be met, including a valid marriage recognized by Australian law and a separation period of at least 12 months.
Supporting Documents
Both parties are responsible for providing supporting documents, such as a joint application for divorce, an affidavit of joint parties, and a divorce order. These documents must be completed accurately and submitted to the court.
Representation
In some cases, parties may choose to engage lawyers to assist them in preparing the joint divorce application and ensuring that their rights and interests are protected throughout the process. However, legal representation is not mandatory for a joint application.
It is important to note that divorce in Australia is separate from matters such as property settlement and child custody, which are dealt with separately.
If you are considering divorce, it is advisable to seek legal advice from a family lawyer who can guide you through the process, explain your rights and obligations, and assist you in completing the necessary documentation accurately.