Are you considering a divorce in Australia but unsure about the differences between a joint and a sole application?
In Australian family law, there are two primary ways to file for divorce: a joint application and a sole application. The choice between these two will impact how your divorce process unfolds.
Joint Divorce Application
This is when both spouses agree to the divorce and agree to complete and file the divorce application paperwork together. It’s a collaborative approach that often leads to a quicker and less stressful process. A joint divorce application streamlines the process as it doesn’t require serving documents to the other party or waiting for their response but more notably it means that the parties do not have to attend the hearing of the application at the Court.
Sole Divorce Application
In this case, one spouse files for divorce without the joint agreement of the other. This route is common when one partner is unwilling to divorce or cannot be located. A sole divorce application is filed by one spouse alone and must be served to the other spouse, who then has the opportunity to respond. If the spouse cannot be located, efforts must be made to find them. If the spouse refuses to sign the Acknowledgement of Service, alternate methods like a process server may be used.
Does a Sole Divorce Application Cost More?
It is often the case that a sole divorce application will cost more. Firstly, for a sole application where your former spouse is not cooperating or can’t be found, it is likely you will pay the full cost of the Court filing fee yourself. Also, there will be the additional cost of locating and serving your former spouse with the divorce application.
Read more: How much does a divorce cost in Australia?
What about Court?
In most cases, neither party needs to attend a court hearing, and the divorce will be granted based on the documents filed. However, if the divorce application is a sole application and there are also children under the age of 18, attendance at Court is required.
Where to From Here?
Finalising your divorce allows you to start the next chapter of your life, whether that’s through a mutually agreed-upon joint application or taking a decisive step forward with a sole application. Our expert team can guide you through either a joint or sole divorce application, ensuring clarity and support every step of the way. Contact us today to find out how to get started.
