A divorce application can be submitted online using the Commonwealth Court Portal. If both parties agree to apply for a divorce, they may file what is called a ‘joint’ application. As a result, the filing fee for the divorce may be shared between the parties.
One spouse cannot prevent the other from applying for a divorce or the Court from granting a divorce. If one party is unable to reach an agreement on filing a joint divorce application, they may seek to file a ‘sole’ application for divorce which will result in that party being solely responsible for the filing fee. Further, the filing party will be required to serve the divorce paper work on the other spouse.
Once a party files a ‘sole’ application for divorce, they are required to provide the other spouse with the documentation pertaining to the divorce prior to the divorce hearing. The process of delivering the divorce documents is known as ‘service’. Importantly, service is a requirement to allow the other party to be notified of the pending application for divorce involving them. For all sole applications, the Applicant is required to serve the divorce application on the other party by either posting it or delivering it by hand. It is a requirement that the divorce application be served at least 28 days before the hearing if the spouse lives in Australia, and 42 days before the hearing if the spouse is overseas.
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