→Making an Application→Divorce→Applying on your own or with your Partner. this document must be sworn/affirmed by both parties with a copy of the agreement attached as an exhibit, if applicable 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. The Divorce Act is a federal law, but the provinces and territories are responsible for the processes for getting a divorce. 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. Start Here. If you were married overseas it is important to read More information as you may need to have your marriage certificate translated. Joint 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. Sole Divorce Application. The affidavit page has more information on having documents sworn. in the How do I serve a divorce page. The first, and most uncommon, option is a joint divorce, where one spouse files the Application for divorce with the other spouse. Once you lock the joint application at step 4 you can then print the finalised document for signature. 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. Once the registration process is finalised you will be able to print your orders. If you are currently living overseas and meet the above criteria, you must provide an address for service in Australia. In both types of applications (sole and joint) you should also ask a third person to file an affidavit to corroborate your evidence. If you were married in Australia you must provide a marriage certificate. See r.25.11 FCCR 2001 for more information. A joint petition is an application to court whereby both parties to a marriage consent and agree to a divorce and to all the terms of a divorce. You may prepare your own divorce application or ask a lawyer to do it for you. 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. 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. Extensive informatoin on separation under 1 roof. 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). The other spouse is known as the respondent. File further documents to support my application for divorce? If you are unable to eFile contact the National Enquiry Centre by email so we can provide you with the appropriate forms. For help see How do I eFile further documents to support my application for divorce? It will advise you that it will be finalised in one month and one working day later and give you instructions on how to print your divorce order. Each heading has information you may need before you apply. 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. [Caption, Introduction, see Captions, Prayers, Etc.] If you have been married less than two years you will need to file a counselling certificate. Telephone/Video link attendance request form, tips for your court hearing and the court tour video, Jurisdiction of the Federal Circuit Court, About going to court and court processes in Family Law Matters. To get a divorce, you will need to file an application for divorce. Applications for Divorce (Same-sex couples) can now be completed online. 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. In divorce petitions that are not joint, one party petitions the court for a divorce while the other party responds to the petition. You … All contents copyright © Government of Western Australia. Once you have submitted the application, the Court will check the documents are complete and meet the filing requirements. Arrange and Manage . If you were married overseas you should contact the relevant authority in that country to obtain a copy of your marriage certificate. You can then file a joint application on the basis of your draft agreement. You can provide the certificate provided by Births Deaths and Marriage or your ceremonial certificate. The ‘shall’ here means that such an application must or can only be made by both parties. 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. 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. When making a Joint Application, both parties are required to sign … 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. The filing fee is payable at the time of filing the application using a Mastercard or Visa credit/debit card via the Commonwealth Courts Portal. If your request to attend by telephone is not confirmed you should follow up by email. If you are filing a sole application only the applicant needs to be eligible for the reduced fee. If you do not know the answer and have made all attempts to find the answer, insert ‘not known’. Apply for a Divorce; Register for the Commonwealth Courts Portal and eFile an application for divorce; File further documents to support my application for divorce; Serve a Divorce; Prove I am divorced; Commonwealth Courts Portal. 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. View You Tube video about eFiling in the Commonwealth Courts Portal. See Applications and orders how do I’s. We pay our respects to the people, the cultures and the elders, past, present and emerging. If you file a joint application one party completes the application and provides a copy to the other party to review and sign. $10 to file the Registration of Divorce Proceedings. 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. Divorce kit. It is recommended that you print the divorce order double sided and in colour. Sometimes separated couples are still living together in the same home – see information at the heading below Separated and living at the same address in the last 12 months. If you are completing the application on your own, you need to answer all the questions that relate to you and your spouse. 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. 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. This page explains how to apply in both ways, and the difference your choice makes to the divorce process. For the latest COVID-19 news, updates and advice from the Australian Government, visit Australia.gov.au, Follow us on Twitter Information to assist with finding legal services is available from the Attorney-General's Department website. You and the other party can apply together for divorce. You should request this using the Telephone/Video link attendance request form which can be eFiled. You can choose to file either a sole application or a joint application. 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 National Accreditation Authority for Translators and Interpreters Ltd (NAATI) has a directory of NAATI accredited and recognised practitioners who offer translating and interpreting services. You may need to file additional documents to support your application for divorce that you were not required to file when you completed the application e.g. 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. for details and a helpful video. For example, in some cases, a name change certificate is required, a separation agreement or marriage contract, or other legal documents. 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. You need to fill out the right forms for your province or territory and file them in a court. The other spouse is known as the respondent. If you file the application together with your spouse you are joint applicants and you are not required to serve the other party. 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. Unlimited changes to your documents. A Joint petition is generally less costly and will be resolved in a shorter time as compared to a single petition (contested divorce). The divorce process changes depending on whether you make a sole or joint application. divorce) under Part VI of the Family Law Act 1975. You can apply for a divorce by yourself (sole application) or together with the other party to the marriage (joint application). 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. For a joint application, the parties are joint applicants. At least one spouse must regard the marriage as over on the date of separation and in some way communicated this to the other spouse. Affordable preparation of your divorce application. For more information see: Cannot serve the divorce documents section of the How do I serve a divorce page. If you are making a joint application, you will need to answer all of the questions. 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'. Print. Simply put, in a Joint Divorce all of the documents are completed and executed by both parties. This is known as a Joint Application. 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