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What is a joint application for divorce?

A joint application for divorce is where both parties agree to the divorce application being made. This is referred to as making the application ‘jointly’ and simplifies the process.  Both parties agree and sign the Application for Divorce which is then known as a ‘joint application for divorce’. 

 

In practice it is usual for the parties to co-operate and follow the DIY section on the Family Court Website or for one party to instruct their solicitor to draft the joint application for divorce which is then sent to the other party for agreement. Once the contents of the joint application for divorce are agreed the document is filed on the Court Portal of the Federal Circuit Court of Australia.  There is a large associated filing fee and parties often agree to contribute equally towards this. Please see the Family and Federal Circuit Court Fees. 

Once the joint application for divorce is filed with the Court a date will be set for the hearing of the matter. This date is usually two or three months after the Application is filed.  When a joint application for divorce has been made and the Court is satisfied that appropriate arrangements have been made for any children neither party needs to actually attend court and the Divorce will be pronounced in their absence.  The divorce will become final 28 days after the court date. 

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