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.
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.
Further reading
- Am I eligible for divorce in Australia?
- I’ve been served with divorce papers – what now?
- When can I apply for divorce after separating from my partner?
- Divorce if separated but living under the one roof
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.
Booking a consultation
📞 Free call us on 1800 357 000
📧 Email us at [email protected]
📅 Select an appointment date and time directly in our calendar
