When it comes to filing for divorce in Australia, there are two main ways to start the process: a sole divorce application or a joint divorce application.

A sole divorce application is filed by one spouse, often when the other party either doesn’t agree to the divorce or is unavailable to participate. On the other hand, a joint divorce application is made when both parties agree to end the marriage and are willing to work together to file for divorce.

Knowing the difference between these two types of divorce applications can help you to decide which application type may be right for you and your circumstances, and that’s what our top family lawyers Sydney are here to help with.

In this article, we’ll go into more detail about these differences and essentially walk you through everything you need to know about sole and joint divorce applications.

What is a joint divorce application?

A joint divorce application is when both spouses agree to apply for divorce together. This type of application is often more straightforward and cooperative since both parties are willing to end the marriage and work through the legal process as joint applicants.

In a joint divorce application, both spouses sign and submit the divorce application together. Since there is mutual agreement, there’s no need to serve divorce papers, which simplifies the process and helps avoid unnecessary delays or conflicts.

A joint application can be used when both parties agree that the marriage has broken down irretrievably and have been separated for at least 12 months. This option is typically a little smoother than a sole application because it removes the need for any formal serving of documents or court involvement in ensuring the other party has been notified.

What happens after you file a joint divorce application?

Once you’ve filed a joint divorce application, the process tends to move along pretty easily since both parties agree. Here’s what happens next:

1. Court hearing: After the joint application is filed, the court will schedule a hearing date.
2. Divorce order: If the court is satisfied that all the legal requirements have been met, including the 12-month separation period, it will issue a divorce order.
3. The divorce order is granted on the day of the hearing but becomes final one month and one day later. After this period, the divorce is officially recognised, and you will be able to download a copy of the divorce order from the Commonwealth Courts Portal.