A divorce application can be lodged either as an individual or a joint application in the Federal Circuit and Family Court of Australia. Choosing which type of divorce application is right for you is the first step towards finalising your divorce. There are significant differences to how each type of divorce application is handled and there are three main factors that need to be considered when determining which one is right for your specific circumstances.
First of all, it is important to understand exactly how these two types of divorce applications differ in process and purpose.
Joint Application
A joint divorce application is when both spouses agree to get divorced and apply together. This means you both sign the paperwork before it is lodged with the Court, and you are both listed as Applicants.
Individual Application
An individual (or sole) divorce application is when just one spouse applies for the divorce. The other spouse is referred to as the Respondent. In this case, the Respondent has to be served with the divorce papers. There are specific rules that must be followed for service to occur.
Would a Joint Application work best for you?
There are pros and cons to both types of applications, and it is important to consider them carefully when determining which type is the right choice for you based on your unique circumstances and goals.
Speed:
A joint application can be faster as since both parties are Applicants there is no service requirement so the earliest available hearing date can be selected. Whereas an individual application must be successfully served either 28 days (if the Respondent lives in Australia) or 42 days (if the Respondent lives overseas) before a hearing. If the Respondent is not served successfully in time the matter may have to be adjourned to a further hearing date to ensure the Respondent has been given that time.
Cooperation:
A joint application requires both parties to be cooperative for a divorce as they must both sign the divorce application before it can be lodged with the Court. Whereas an individual divorce application can proceed without the Respondent’s consent provided the service requirements have been met. Accordingly, if your spouse has indicated that they do not want a divorce or you know they are unlikely to sign the documents for a joint application, an individual application might be the right choice.
Cost:
Parties may agree to split the cost of a joint divorce application to make it more affordable. It is also worth being aware that the Court’s concession rate for the filing cost is only available on a joint application if both parties meet the Court’s requirements whereas an individual application only requires the Applicant to meet the requirements (ie. Have an appropriate concession card).
Ready to Take the Next Step?
We hope the information above has helped clarify the differences between joint and individual divorce applications, empowering you to make the best decision for your circumstances. However, if you’re still uncertain about which option is right for your situation, you’re welcome to speak with our knowledgeable team. After submitting your divorce application through our website, our staff can guide you in selecting the most suitable application type for your needs.
Still unsure whether a joint or individual divorce application is the best fit? We’re here to support you every step of the way. Contact us today to speak with our experienced team and get clear, practical advice to move forward with confidence and peace of mind.
Divorce doesn’t have to be complicated. Watch our video to see how straightforward the 8-step online process really is.
