Joint Application for Divorce Sunshine Coast

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.

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Joint Divorce Applications keep you out of court

We always encourage clients to negotiate out of court

A joint divorce application aims to minimise the need for court appearances, allowing parties to conclude their divorce in a more civil and cooperative manner with the guidance of a family lawyer Sunshine Coast. The main aim is to “troubleshoot and problem solve” rather than to fight and win. Before you apply, it’s essential to understand whether to file a sole or joint application for divorce. They aren’t for everyone. Different obligations may apply in varying cases. Make sure you do your research before considering a joint application for divorce.

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Dealing with a stressful family matter, whether it’s a recent separation, child custody dispute, property settlement, domestic violence, or filing for divorce, can feel overwhelming. You might be unsure of where to start or have concerns about upcoming court appearances. We’re here to support you through each step of the process.

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Who Is Eligible to File a Joint Application for Divorce?

To file a joint application for divorce in Australia, you and your spouse must meet all of the following requirements under the Family Law Act 1975:

12-month separation period. You must have been separated for at least 12 months and one day before filing. If you separated and reconciled for less than three months before separating again, the earlier separation period may still count.
Australian jurisdiction. At least one party must be an Australian citizen, regard Australia as their permanent home and intend to live here indefinitely, or have lived in Australia for at least 12 months immediately before filing.
Valid marriage. Your marriage must be legally recognised in Australia. This includes marriages conducted overseas, provided you can supply a marriage certificate with an accredited English translation if required.
Marriage under two years. If you were married for less than two years, you must attend counselling with a family counsellor and obtain a counselling certificate, or seek permission from the Court to file without one.
Separation under one roof. If you and your spouse lived in the same home during the separation period, you must provide additional evidence (such as affidavits from third parties) proving you were living separately. Evidence may include separate sleeping arrangements, separate finances, no shared meals, and informing family and friends of the separation.
Both parties agree. Both parties must consent to filing jointly. If your spouse does not agree, you will need to file a sole application for divorce instead.

Sole divorce application

If you make a sole application, you are “the applicant”, and the other party is “the respondent”. Only you, as the applicant, must sign the divorce application. The respondent does not need to sign the divorce application. However, you do need to serve the application on the respondent.

You don’t need to attend court if there are no children in the marriage and the respondent accepts the divorce application.

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

Book a consult for more information on how to serve a divorce on the respondent.

Joint Divorce application

For a joint divorce application, both parties are “joint applicants”. If you file jointly, one party gives a copy of the completed application to the other to review and sign. Both applicants must sign the Affidavit for Filing Application (Divorce). If you make a joint divorce application, you do not need to serve documents on the other party.

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

How to File a Joint Application for Divorce (Step by Step)

Step 1. Confirm You Meet the Eligibility Requirements

Review the criteria above. Ensure you have been separated for at least 12 months and one day, and that at least one party satisfies the jurisdictional requirements.

Step 2. Gather Your Documents

You will need:

Your original marriage certificate (or a certified copy)
An English translation by an accredited translator (if married overseas in a language other than English)
Evidence of Australian citizenship or residency
If separated under one roof, supporting affidavits from a third

Step 3. Create an Account on the Commonwealth Courts Portal

Both parties must register for an account at comcourts.gov.au. One party creates the application and invites the other to join as a co-applicant.

Step 4. Complete the Application for Divorce

Fill in the online form, including details of the marriage, separation date, and arrangements for children under 18 (if applicable). Both parties must complete their sections independently.

Step 5. Complete the Affidavit

Each party must complete and sign an Affidavit for Filing Application (Divorce). This confirms the information in the application is true and correct. The affidavit can be signed electronically through the portal.

Step 6. Address Arrangements for Children Under 18

If there are children of the marriage under 18, you must satisfy the Court that proper arrangements have been made for their care, welfare, and development. This may include details of living arrangements, schooling, and financial support. Consider formalising these through parenting consent orders or a parenting plan.

Step 7. Pay the Filing Fee

The current filing fee for a divorce application is $1,060 (as at 1 July 2025). For a joint application, this can be split between both parties. If you are experiencing financial hardship, you may apply for a reduced fee.

Step 8. Submit the Application

Once both parties have completed and signed their sections, submit the application through the portal. You will receive a confirmation and a hearing date (if required).

Step 9. Wait for the Divorce Order

For a joint application with no children under 18, neither party needs to attend court. The Court will review the application and, if satisfied, grant a divorce order. The divorce becomes final one month and one day after the order is made.

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

Were you married for less than two years?

Were You Married For Less Than Two Years?

The family court requires marriages of less than two years to attend counselling. Once you do the sessions, the counsellor will give you a counselling certificate to show that you fulfilled your duty.

Were you separated but living under the same roof for the last 12 months?

Not all couples can afford to live independently after a separation. The court recognises this and allows for “separation under one roof”. This concept means that a separated couple are pursuing separate lives while residing together. You need to provide evidence you are living separately. Evidence may include:

Do you have children?

When there are children in the marriage, divorce is more complicated. You must consider applying for a consent order to establish parenting arrangements. You may also need to apply for child support if you are your child’s primary carer.

Will you be changing your married or maiden name?

Many women opt to revert to their maiden names after a divorce application or separation. You don’t need to register a name change with the Queensland Government. However, different organisations will have their own requirements. For example, changing your name on your passport and driver’s licence requires a marriage certificate and proof of divorce.

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Proving financial hardship

The Federal Circuit Court may grant support after a de facto relationship if you lived together for over two years, had a child together, or made significant contributions to the relationship. The Federal Circuit Court also uses a three-part test to determine your eligibility for fee exemptions due to financial hardship.

Calculating your fortnightly surplus income

The court calculates your fortnightly surplus income. Surplus income is your net fortnightly income minus your fortnightly expenses. Allowable surplus income is roughly half the exempted fee. For example:

Consent order application fee= $180 - Maximum surplus income= $90

Initiating application (family law) fee= $385 - Maximum surplus income= $190

Fee reductions

You cannot exempt divorce applications and decrees of nullity. However, you may pay a reduced fee if you pass the three-part financial hardship test.

Consent orders

Protecting your wealth

Pursuing a joint divorce makes the process much easier emotionally and legally. Part of the joint divorce process is arranging for your children’s future care. You should also consider how best to divide property between you and your former partner.

Consent orders are a good way to maintain everyone’s legal entitlements. Consent orders are legally binding and based on fairness. You can apply for consent orders to settle financial and child-related issues.

Parenting consent orders

Parenting consent orders cover all aspects relevant to the care and custody of children. Some details you may include are:

Financial consent orders

Critical to protecting your entitlements

Financial consent orders are critical to protecting your entitlements during a property settlement. A property settlement covers assets brought into a marriage. The court will even consider property gained during the separation period.

Financial consent orders cover any asset, including: