Application for Divorce excl. $930 Court filing fee [Sole or Joint Application]

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This document creates an application for divorce for parties to a marriage who are eligible to apply for a dissolution of marriage.

It does not determine issues between the parties of financial support, property distribution or arrangements for children - it simply recognises that the marriage has ended.

To be eligible to apply for a dissolution of marriage:

1️⃣ The marriage must have broken down irretrievably and there must be no reasonable likelihood of cohabitation between the parties being resumed;

2️⃣ The parties must have separated and thereafter lived separately and apart for a continuous period for at least 12 months and 1 day [Parties to a marriage may be held to have separated + lived separately & apart notwithstanding that: the cohabitation was brought to an end by the action or conduct of one only of the parties; and/or they have continued to reside in the same residence …]; and

3️⃣ At least one of the parties must meet the criteria for Australian citizenship or residence.

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Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

More than 1000+ Australian Lawyers use Embedded Lawyer-Logic. How does it work?

More than 1000+ Australian lawyers use this industry leading automated legal document generation solution. It uses Embedded Lawyer-Logic™ designed by leading lawyers in their respective fields.

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Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

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Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

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Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

What extras does an upgrade to Lawyer-Assisted Service include?

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Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

We have separated or are thinking about separation. What do we need to read + understand first about seeking assistance, child custody + financial matters?

The Family Court of Australia prescribes as mandatory reading the following Fact Sheets.

Whilst it may appear counter-intuitive, starting here will maximise the chances of you resolving your differences +/or settling matters outside of the Family Court.

Marriage, families and separation

This brochure provides information for people considering, or affected by separation or divorce.

It includes information about:

  • the social and legal effects of separation;
  • the services provided to families by the Family Court of Australia and Federal Circuit Court of Australia and by government, community and other agencies, and
  • some of the steps involved in court proceedings.

Pre-action procedure for parenting cases

This brochure provides information for people considering applying to a court for parenting orders.

Pre-action procedures apply to financial cases.

This brochure provides information for people considering applying to a court for financial orders.

Compulsory Family Dispute Resolution
➲ Court procedures and Requirements

For more free information + resources generally

Please refer to our Australian Family Law Resources + Dispute Resolution -> Smart List

Credits:

This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.

How do I eFile and access my case documents and information online incl. Court Dates in the Family Court of Australia / Federal Circuit Court of Australia / Federal Court of Australia?

The Commonwealth Courts Portal

The Commonwealth Courts Portal is an initiative of the Family Court of Australia, Federal Court of Australia and Federal Circuit Court of Australia.

It provides online services for registered litigants (you) +/or your lawyer enabling you/your lawyer to eFile/eLodge + access case documents & information incl. Court Dates.

How do I?

How do I eFile?

How do I navigate through the Commonwealth Courts Portal?

How do I register for the Commonwealth Courts Portal?

Federal Law Search

The portal also includes Federal Law Search which provides selected information on cases filed in the:

  • Federal Court of Australia; and
  • General Federal Law jurisdiction of the Federal Circuit Court of Australia.

The information is real time and includes all cases that have commenced since 1 January 1984.

As the database is continually updated, the results of a search may vary from time to time as new information is entered.

Matters where a pseudonym has been assigned to a party are not searchable in Federal Law Search.

Source: Commonwealth Courts Portal.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.