Joint divorce application vs sole divorce application – what’s the difference?

1 February
Divorce

If you have separated and wish to apply for a divorce to legally end your marriage, you will be faced with a decision to make: Should I apply for a joint divorce or a sole divorce? In today’s blog, we will discuss the key differences between joint and sole applications for divorce so you can decide which one suits your circumstances.

Joint vs Sole Divorce Application in Australia

If you are applying for divorce in Australia, you can choose between a joint application or a sole application. The right option depends on whether you and your former partner are willing to apply together or if one person needs to apply independently.

Below is a clear comparison to help you understand the key differences.

Quick Comparison: Joint vs Sole Divorce Application

Factor	Joint Divorce Application	Sole Divorce Application
Who applies	Both spouses apply together	One spouse applies alone
Signatures required	Both parties must sign	Only the applicant signs
Serving documents	Not required	Applicant must formally serve documents on the other party
Court attendance	Usually not required	Required if there are children under 18
Cooperation required	Yes	No
Filing fee reduction	Both must be eligible	Only applicant must be eligible

This table provides a summary only. The process, service requirements and court attendance rules differ depending on your circumstances, particularly if children under 18 are involved.

What is required in a joint application for divorce?

In a joint application for divorce, both you and your former partner are required to sign the application in front of a qualified witness. Therefore, you can only apply if you are certain that your former partner agrees to the divorce and would be willing to sign any necessary documentation.

Once the application has been signed by both parties, it can be filed with the Family Court. At this point, a Court filing fee is payable. Sometimes, parties agree to each meet half of the Court filing fee in a joint application. This may be something you wish to discuss with your former partner when agreeing to file a joint divorce.

If both parties hold a valid concession card, the Court filing fee can be reduced. Examples of a valid concession card include a Health Care Card or Pensioner’s Card.

In a joint divorce, neither you nor your former partner is required at the Court hearing to consider the application. This does not change even if the parties have children under the age of 18.

What is required in a sole application for divorce?

In a sole application for divorce, you are the only party who is required to sign the application in front of a qualified witness prior to filing it with the Family Court.

The Court filing fee remains payable in a sole divorce, however, it can be reduced in circumstances where you hold a valid concession card. There is no requirement for your former partner to hold a valid concession card in a sole application.

Once your application is filed with the Family Court, you need to arrange for your former partner to be personally ‘served’ with a copy. Personal service refers to physically giving the legal documents to your former partner. This is typically done via a process server.

Important note: you are not permitted to serve a copy of the application yourself.

If you do not know your former partner’s whereabouts to serve them, you may find our earlier blog helpful: “Can I get divorced in Australia if I can’t find my former partner?”

In a sole divorce, your attendance (or attendance by your lawyer) is required at the Court hearing if you have children under the age of 18. If there are no children under 18, no attendance at the Court hearing is required.

What If My Spouse Refuses to Sign?

If your spouse refuses to sign a divorce application, you can proceed with a sole application.

You do not need their consent to obtain a divorce, provided you meet the legal requirements and properly serve the documents.

If your spouse cannot be located, you may apply for substituted service or dispensation of service. This requires additional evidence and court approval.

Seeking legal advice can help ensure the process is handled correctly and without unnecessary delay.

Costs and Filing Fees

The Court charges a filing fee for divorce applications.

A reduced fee may be available if you hold certain government concession cards or can demonstrate financial hardship.

For joint applications, both parties must be eligible to access the reduced fee. For sole applications, only the applicant must qualify.

Legal fees will vary depending on whether you require assistance with preparation, service, or court attendance.

Should I Choose a Joint or Sole Divorce Application?

The right option depends on your circumstances.

You may consider a joint application if:

You and your former partner agree to divorce
Communication is respectful and cooperative
You want to avoid serving documents

A sole application may be appropriate if:

Your spouse refuses to sign
Communication has broken down
You are unsure of their willingness to cooperate

If your matter involves family violence, complex financial arrangements, or difficulties locating your spouse, legal guidance can help protect your position and reduce stress.

How can a family lawyer help?

Our expert team can assist you in all aspects of your divorce, including whether a joint or sole application would be more appropriate. Our experienced lawyers will help to resolve your divorce as soon as possible.

If you would like to discuss your situation in more detail, you can book a free no obligation phone consultation with one of our lawyers. We assist separated couples across Australia with all aspects of separation and family law.