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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.

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

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?

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.

I was married for more then 2 years
separated living in the same house for 12 months

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:

  • Sleeping in separate bedrooms;

  • Not sharing meals;

  • Maintaining separate friend groups;

  • Ceasing any sexual activity.

I have children in our marriage

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 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.

i want to change my married name

Want to understand more about Family Law?

Contact Our Sunshine Coast Support Team

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.

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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:

Joint applications for divorce

Let's work together

Even a joint divorce application can be daunting, let alone when you’re considering filing for a divorce online. Perhaps you have questions about submitting your application to the courts, or you aren’t sure where to start. We’re here to help guide you through the process.

Interested in chatting more about a joint divorce application?

Download Our Free Divorce Guide

Get expert advice on navigating your divorce with ease and confidence.
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