So you are applying for divorce: Understanding Sole and Joint Applications

Divorce is a stressful and difficult time for those going through it. In Australia, you may wish to apply for divorce by yourself (sole application) or jointly with the other party to the marriage (joint application).  

Sole Application:

If you opt for a sole application, you are referred to as the applicant, and the other party is known as the respondent. It’s essential to answer all questions pertaining to both you and the other party involved in the marriage. In cases where you are unsure of the answer despite making diligent attempts to find it, inserting ‘not known’ is acceptable. However, it is crucial to answer all questions accurately. Failure to do so might lead to the Court rejecting your application, necessitating resubmission.

Joint Application:

A joint application involves both parties, termed joint applicants, filling out the divorce application together. There are several ways to complete the application:

  1. Joint Completion: Sit down together and jointly fill in the application form, providing all required information collaboratively.

   

  1. Review and Approval: One party may fill out the entire application, while the other checks for accuracy and completeness before submission.

 

  1. Partial Completion: One party can answer most questions, excluding those directly related to the other party. The other party can then respond to questions concerning them.

It’s crucial to note that the affidavit section of the application (Part G) cannot be signed until all questions within the application have been answered. This section holds legal significance and requires completion only after ensuring every query in the application is addressed.

Filing for divorce involves meticulous attention to detail and accuracy in providing information. Whether pursuing a sole or joint application, thorough completion of the application is critical to a successful outcome.

Seeking legal advice or consulting a family lawyer can provide further guidance, ensuring compliance with the application requirements and facilitating a smoother divorce process.Our team of experienced family lawyers take pride in helping you navigate through this difficult process.