Joint Divorce Applications FAQ
Australia’s leading fixed-fee joint Divorce application Solution for amicable parties.
No hidden fees, no drawn-out process, just fast, affordable results for your Divorce Application, servicing all of Australia.
Amicable Divorce Solutions – Joint Applications Only
- Drafting Joint Divorce applications for amicable parties nationally and internationally
- Fast. Our Joint Divorce Applications will be prepared in 24Hrs at a fixed fee.
- Professional. We are Accredited Specialists in family law (NSW and QLD).
- Easy to deal with. We offer you a fully remote service with Rachel and Brendan.
- Comprehensive. We complete every step of the process – Affidavits for “living under one roof applications” Marriage certificate translations
You may also need help with Consent Orders
Joint Divorce applications - A complete guide
Complete Guide to Joint Divorce Applications in Australia
Navigating the end of a marriage is rarely easy, but the administrative process of legally finalizing it doesn’t have to be adversarial. In Australia, the “No-Fault” divorce system allows couples to separate with dignity, without needing to prove wrongdoing by either party.
While many people assume divorce requires one person to sue the other, there is a collaborative alternative: the Joint Divorce Application. This pathway allows couples to file paperwork together, often saving time, money, and emotional stress.
This guide covers everything you need to know about joint applications, from the basic definitions to a step-by-step walkthrough of the portal process.
What is a Divorce Application?
What is a Divorce Application?
In legal terms, a Divorce Application is the formal request made to the Federal Circuit and Family Court of Australia (the Court) to officially end a marriage.
It is important to understand that in Australia, a “divorce” purely ends the legal marriage contract. It does not resolve issues regarding:
- Property settlement (dividing assets and debts).
- Parenting arrangements (custody of children).
- Spousal maintenance.
These are separate legal matters. The Divorce Application essentially asks the Court to issue a “Divorce Order,” which proves you are no longer married and are free to remarry.
There are two ways to file this application:
- Sole Application: One spouse (the Applicant) applies and must “serve” the papers to the other spouse (the Respondent).
- Joint Application: Both spouses apply together as Co-Applicants.
What is a Joint Divorce Application?
A Joint Divorce Application is a collaborative filing where both parties agree that the marriage has irretrievably broken down and sign the necessary documents together.
This is often the preferred method for amicable separations because it streamlines the legal bureaucracy. Unlike a sole application, where one person effectively takes legal action against the other, a joint application is a statement that you are closing this chapter together.
Key Benefits of a Joint Application
- No “Service” Required: In a sole application, you must strictly follow rules to prove you have delivered the papers to your ex-spouse. In a joint application, because you both sign, this step is completely eliminated.
- No Court Attendance (Usually): If there are no children under 18, or if there are children but the Court is satisfied with the arrangements, neither of you typically needs to attend the hearing.
- Faster Processing: By removing the need for service and the mandatory response time for the other party, the administrative timeline can be slightly shorter and less prone to delays.
- Shared Costs: While the filing fee is a set amount, joint applicants often agree to split this cost 50/50, whereas in a sole application, the filing spouse usually pays upfront (though they can ask for costs to be reimbursed, which is rare in standard divorces).
Requirements to Obtain a Joint Application
To obtain a divorce application in Australia, you must ensure you meet the strict eligibility criteria. The Court will reject applications that do not satisfy these four pillars:
- Jurisdiction (Connection to Australia)
You can only divorce in Australia if at least one of you:
- Is an Australian citizen (by birth or descent); OR
- Is an Australian citizen by grant (citizenship certificate required); OR
- Is lawfully present in Australia and intends to continue living here (domiciled); OR
- Has lived in Australia for at least 12 months immediately prior to filing.
- Irretrievable Breakdown (The 12-Month Rule)
You must be separated for at least 12 months and 1 day before you file.
- Example: If you separated on January 1st, 2024, you cannot file until January 2nd, 2025.
- There are no shortcuts to this rule. If you reconcile for 3 months or more during this time, the clock resets.
- Proof of Marriage
You must have a valid marriage certificate.
- If married in Australia: You need the official certificate from the Registry of Births, Deaths and Marriages (not the decorative one you received on the wedding day).
- If married overseas: You need the original certificate. If it is not in English, you must provide a translated copy and an affidavit from a certified translator.
- Children Under 18
If you have children under 18, the Court must be satisfied that proper arrangements have been made for their care, housing, education, and health. You do not need a formal parenting order, but you must outline the current voluntary arrangement in the application.
Special Note: Married Less Than 2 Years? If you have been married for less than two years (from the wedding date to the filing date), you must attend counselling to discuss the possibility of reconciliation. You will need to file a certificate from the counsellor with your application.
The Process for a Joint Divorce Application
The Australian divorce process is almost entirely digital, handled through the Commonwealth Courts Portal.
Step 1: Preparation and Registration
- Scan Documents: Have PDF copies of your Marriage Certificate and Proof of Citizenship (Passport/Citizenship Certificate) and provide them to our office
- Intake forms: Complete the intake forms provided by our office – this will take approximately 10 min
Step 2: We will draft the Application
- Once funds are in our trust account and the intake forms are completed, we will draft the required documentation
Step 3: Review the application
We will provide you a draft version of the application for you to approve – please check
- Dates of birth and contact details.
- Date of marriage and date of separation.
- Details of any children under 18 (schooling, health, housing).
- Other court cases (e.g., if you have existing DVOs or Family Court orders).
Once the form is drafted, the person who started the file can “lock” the document and provide a copy to the other spouse to review. Ensure all spellings and dates are 100% accurate; errors here can cause the Court to adjourn your hearing later.
Step 4: Signing the Affidavits
This is the most critical legal step.
- Both of you must sign the Affidavit for eFiling Application (Divorce).
- You must sign this in front of an Authorised Witness (Justice of the Peace or Lawyer).
- We provide an online solution to assist with this step
- Note: You do not need to be in the same room. You can sign separate identical affidavits if you live in different cities, or you can go to the same JP together.
Step 5: Submit your application
- We will upload the signed affidavits and the application.
- Upload the Marriage Certificate and Citizenship proof.
- We pay the filing fee from your account in our trust account.
- We will advise you of the hearing date once we have been notified.
Step 7: The Hearing and Finalisation
- Once filed, you will be given a “Hearing Date” (usually 6–12 weeks away).
- For joint applications with no children (or straightforward arrangements), the Registrar will review the papers in their office. You likely won’t even know it’s happening until you get an email.
- Divorce Order: If granted, the divorce becomes final 1 month and 1 day after the hearing. You will then download your Divorce Order from the portal.
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01
Talk to Us
Before starting your matter, we need to ensure we can deliver the agreement you and your former partner have designed. If we can't deliver what you want, we will tell you, and if you have paid us money, we will refund it.
02
Draft your Agreement
We provide you with intake forms to complete; They are interactive and quite simple to use. If you have questions, you can call, text or email us. We will provide you with a dedicated mobile number. We will complete the Application for Consent Orders and the minute of Order in 24Hrs
03
Sign Your agreement
Once you are happy with the documents, we will provide you with an electronic version to sign online. Once signed, we will file your Property Settlement documents on our portal and look after the Family Court if they have any questions.
04
Once Approved by the Family Court
We will advise you once your property Settlement is approved and send it to you by email. Additional copies are provided to your Bank, Broker, or Conveyancer if required. We can Provide electronic certified documents
Relevant Legislation to Divorce applications in Australia
1. Jurisdiction: Who Can Apply?
Section 39(3) This section determines if you are eligible to file for divorce in Australia. To apply, you or your spouse must meet one of the following criteria on the day you file:
You are an Australian citizen.
You are domiciled in Australia (you regard Australia as your home and intend to live here indefinitely).
You are ordinarily resident in Australia and have been for at least one year immediately prior to filing.
2. The Ground for Divorce
Section 48: This is the core section that establishes the legal basis for divorce.
Irretrievable Breakdown: The only ground for divorce in Australia is that the marriage has “broken down irretrievably.”
Proof: You prove this breakdown by showing you have separated and lived apart for a continuous period of not less than 12 months immediately before filing the application.
No Likelihood of Reconciliation: The court must be satisfied that there is no reasonable likelihood of you getting back together.
3. What Counts as “Separation”?
Section 49: This section defines separation, which is crucial for starting your 12-month clock.
Separation under one roof: It clarifies that you can be considered “separated” even if you continue to live in the same residence. This is known as “separation under one roof.”
Requirement: If you do live under the same roof, you will usually need to provide extra evidence (an affidavit) proving that you were living separate lives (e.g., sleeping in separate rooms, separating finances, no longer performing household duties for one another) despite sharing a house.
4. The “Kiss and Make Up” Clause (Resumption of Cohabitation)
Section 50 : This section allows couples to try reconciling without resetting their 12-month separation clock entirely.
The 3-Month Rule: You can get back together for one period of up to 3 months to try and reconcile.
Effect: If the reconciliation fails and you separate again, you can add the time before and after the reconciliation together to reach the required 12 months. However, if you stay together for longer than 3 months, the clock resets to zero.
5. Children of the Marriage
Section 55A: The court has a duty to protect children before granting a divorce.
Proper Arrangements: A divorce order will generally not take effect unless the court is satisfied that proper arrangements have been made for the care, welfare, and development of any children of the marriage (under 18).
Explanation: You do not need to have a finalised parenting order in place, but you must provide details in your application about the children’s housing, education, health, and financial support so the court is satisfied they are being looked after.
6. When the Divorce Becomes Final
One Month and One Day: When the court grants your divorce at the hearing, it is not “final” immediately. The divorce order typically takes effect one month and one day after it is issued.
Remarrying: You cannot legally remarry until the divorce order has taken effect and becomes final.
7. Time Limits for Property (Post-Divorce)
Section 44(3):. While not part of the application for divorce, this is critical to the process timeline.
The 12-Month Limit: Once your divorce becomes final (see Section 55), a “ticking clock” begins. You have exactly 12 months from the date the divorce becomes final to apply to the court for a property settlement or spousal maintenance. After this time, you need special permission from the court to apply.
Note on Short Marriages (Less than 2 years)
Formerly Section 44(1B) Historically, if you had been married for less than two years, you were required to attend counselling and file a certificate stating you had considered reconciliation.
Recent Change: Recent amendments (effective mid-2025) have repealed this requirement. If you have been married less than two years, you are now subject to the same standard process as long marriages (specifically the 12-month separation requirement).
Associations of Which We’re Part
Questions on a joint Divorce Application ?
Having practiced family law for 20 years, we know all the ins and outs. Many clients have questions about how Consent Orders and other financial agreements work in their particular situation. If you’d like to know how these agreements help you move on with life, get in touch and schedule a free, no-strings-attached chat.
