Choosing whether to file a separate or joint petition for divorce
Separate application for divorce
An application for divorce can be made by either party to the marriage. This is known as a separate application. If you file the application yourself, you only need to present your personal favour card or health card.
Options for joint divorce applications
As opposed to you submitting a separate application, there is a joint application. This is an application signed by both parties. The advantage of this jointly signed application is that there is no need to prove that the application has been served by one party on the other. It allows the court to deal with your application in a streamlined way (more on this in our Hearings section). Unfortunately, it is not common for parties to be able to co-operate in filing a joint application in a matrimonial separation, and we have found that in around two-thirds of applications, the applicants are sole applicants rather than joint applicants.
Information required for filing a divorce petition
A divorce petition requires a number of pieces of information. Broadly speaking, the information required is as follows:
Full names of the parties
- When and where the marriage took place
- Date of marriage and date of separation
- Whether the parties lived under the same roof after separation and the period of time during which it occurred
- Is reconciliation of the marriage possible (yes, this is a real issue)
Whether there are any children under the age of 18 or other children living in the same household at the time of filing the application (even if they turned 18 between the date of the application and the date of the hearing). This includes children from previous relationships or other members of the household.
Detailed information about the children, including their education, health, financial support and how time is divided between the parties.
Any previous court order, including situations involving children, property or domestic violence.
Submit an application
After gathering all of the relevant documents and completing the application with the information listed above, it is time to initiate the application. There was a time when three paper copies of your application were filed together with the Family Court (now the Federal Circuit and the Family Court) and then the service copy was returned to you. However, there is now an electronic version of all materials submitted through what is called the Federal Portal. This allows the application and all supporting documents to be scanned and uploaded and, after completing the initial application process through the Federal Portal, the application can be filed and a hearing date assigned.
The family law attorneys at Choi, Ching Wai & Associates can help you navigate the complexities involved in family law and provide the best legal advice you canclick hereStart your divorce petition. If you have any questions, you canContact Usfor initial help and guidance.
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