Joint application divorce

"A divorce or breakup can be painful. But when two mature people part ways it can be made amicable. No malice. No disrespect. Just a conscious decision to uncouple."
A joint application divorce

Is a way of handling a family law case that intends to keep parties out of court and conclude a divorce amicably.

Joint application divorce is not for everyone with the main aim being to “troubleshoot and problem solve” rather than to fight and win. Before you start your application it is important to understand whether to file a sole or joint application, as there are different obligations in each case.

Sole divorce application

If you make a sole application, you are known as the applicant and the other party is known as the respondent. Only you as the applicant are required to sign the application. The respondent does not need to sign the application (divorce) however you do need to serve the application on the respondent.

Court attendance is not required if there are no children of the marriage and the respondent does not dispute the application.

Court attendance is required if there are children under the age of 18 years.

For more information on how to serve a divorce on the respondent book a free consult.

Shanahan Family Law Sole Application Divorce
Shanahan Family Law Joint Application Divorce

Joint application

For a joint application, both parties are known as joint applicants.  If you file a joint application one party completes the application and provides a copy to the other party to review and sign. Both applicants must sign the Affidavit for Filing Application (Divorce). You do not need to serve documents on the other party if you make a joint application.

Court attendance is not required if you file a joint application.

There are numerous things to consider and if your answer is yes to any of the below  we recommend getting legal advice

  • Have you been married for less than 2 years?
  • Have you been separated but living under the same roof for the last 12 months?
  • Do you have children?
  • Can’t locate your spouse?
  • Will you be changing your married or maiden name?
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