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 application for divorce tries to keep parties out of court and conclude a divorce with civility. 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. 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.
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 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 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 application
For a joint 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 application, you do not need to serve documents on the other party.
Court attendance is not required if you file a joint application.
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?
Were you separated but living under the same roof for the last 12 months?
- Sleeping in separate bedrooms;
- Not sharing meals;
- Maintaining separate friend groups;
- Ceasing any sexual activity.
Do you have children?
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?
Will you be changing your married or maiden name?
Many women opt to revert to their maiden names after a divorce 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.
Want to understand more about Family Law?
Contact Our Sunshine Coast Support Team
Financial aid
There are fees involved in joint divorce applications, which may be inhibiting. However, applicants experiencing financial hardship can apply for a reduced filing fee.
Proving financial hardship
Calculating your fortnightly surplus income
Consent order application fee= $180 - Maximum surplus income= $90
Initiating application (family law) fee= $385 - Maximum surplus income= $190
Fee reductions
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
- Who the child will stay with and when;
- How will you handle their education;
- How you will meet any medical or religious needs.
Financial consent orders
Critical to protecting your entitlements
- Superannuation
- Real estate
- Stockholdings
- Bank accounts
- Personal effects
Joint applications for divorce
Let's work together
Interested in chatting more about a joint divorce application?
Joint applications for divorce
Let's work together
Meet The Owner
Luke Shanahan
Principal Solicitor
As principal solicitor of Shanahan Family Law in Maroochydore, Luke Shanahan is a reliable and experienced Sunshine Coast family law expert, offering compassionate support to people and families experiencing the most difficult circumstances through a divorce or separation. Whether you’re seeking help with child support, parenting matters, divorce, property consent orders, financial agreements, domestic violence, joint applications for divorce, or the preparation of DIY affidavits and consent orders, Luke can help.
As sad as it is to see couples and families split, he feels privileged to be able to help his clients find a better life through their family law services. “I believe we all deserve a second chance at finding a better life, and if this is through a divorce, then we will do everything we can to ensure our client’s success through whatever means.”
Take a look at what our clients say
Testimonials
Robert Johnston2023-12-18I was very happy with my experience at Shanahan Family Law. Danyelle guided me through the property settlement and a satisfactory outcome was reached. This was achieved without going to mediation or court.
Diana Homer2023-09-28Very professional, supportive and respectful in all communications and responsibilities. I found their team very patient when challenges occured and kept me informed at all times. Highly recommend them, for personal legal requirements.
Jodie Hickson2023-08-31Many thanks to the hard working team at Shanahan law. All such professionals.
Trace Mcnamara2023-08-30I was pleasantly surprised from the very beginning with my experience with shanahans family law ,from the reception staff at shanahans ,who were lovely and tentative and at how comfortable and at ease Danielle O’Connor from shanahans family law made me feel from Our very first phone consult to attending court with me each time , Danielle constantly reassured me that she had things taken care of and not to worry about anything ,she kept me calm and relaxed about things at a time when my anxiety level was very high , but certainly not after meeting up with Danielle each time , Danielle was always punctual bright and cheerful and Danielles compassion for her clients shines through ,her passion for her work is very obvious , Danielle ALWAYS went out of her way to reassure me everything was ok like a long lost friend not just once but every single time without fail ,Danielle is just so lovely to be around her compassion, personality ,demeanour and easy going nature makes it a pleasant experience just being around her ,watching Danielle work with such competency ,multi tasking whilst also listening to me at the same time was also very reassuring , her interactions with the magistrate ,other solicitors and the way she Carries herself is also inspiring to watch ,I could honestly not recommend Danielle O’Connor at shanahans enough,she even took the time to come in for my case alone whilst she was on a well deserved leave break, wich I felt terrible about but am more than grateful for as it made all the difference to my case, even though our case is now over with an amazing win ( THANKYOU DANIELLE ) I feel like I am missing a friend. If you ever need a solicitor and are very stressed about a case Danielle O’Connor is definitely who I would recommend, Danielle was also very understanding of monetary issues and did her best at all times to keep costs at a minimum for me wich I also appreciated a great deal , also I would also like to mention Travis Terracall who was also very compassionate and caring and seemed to understand my situation, I wanted to let Travis know that I appreciated his empathy towards my situation at the time . It certainly helped me. If I could have give 100 stars I would . I hope both you and you partner have a very beautiful relaxed and lovely well deserved holiday break Danielle, I’m so sorry It was interrupted due to my case and again Thank you so much not just for your amazing work but your beautiful kindness and compassion . And just being you ! with much gratitude Tracy McNamara 🌸🫶😊
David Fenech2023-08-28Highly recommend Shanahan Family Law and Lindsay Nicholson for all your family law needs.
Nathan Batley2022-08-11I found this firm excellent to deal with. I had received some exorbitant quotes for executing what was really quite a straightforward matter in my case. Shanahans were prompt, professional and fairly priced. I've was very happy with their service.
Chris Mehonoshen2022-04-05Having experienced the sunny disposition of Danielle at Shanahan Family Law I can say that anyone would be in good hands. Danielle is very understanding and shows great insight in analysing the situation and cutting to the heart of the matter. Both Danielle and Shanahan Law are very professional and respond promptly in a care manner. Very happy with my choice there.
Nicole Mcmullen2021-12-14I can highly recommend Luke and his associates for their professionalism and thoughtfulness. I really didn't know what to expect when I needed the advice and assistance of a solicitor, but Luke has been extremely patient and kind in leading me through this process.
Streamline Your Divorce Process with a Joint Application on the Sunshine Coast
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Want to understand more about Family Law?
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Download Our Free Divorce Guide