Application for Divorce Kit

Transcription

1 FAMILY COURT OF AUSTRALIA FEDERAL CIRCUIT COURT OF AUSTRALIA Applicatio for Divorce Kit o the websites It is importat to read this kit before you complete the Applicatio for Divorce Use this kit whe askig for orders to ed a marriage This kit icludes: Glossary of legal words (iside frot cover) Step by step guide (page A) Helpful iformatio (pages B J) Checklist (page K) The Applicatio for Divorce (pages 1 7) Notice of Applicatio (page 8) Where to file (iside back cover) Help i other laguages (back cover) NOTE: Applicatios for Divorce ca be electroically filed usig a separate iteractive olie form through the Commowealth Courts Portal ( There is o eed to complete the form i this kit if you wish to efile. Visit the How do I? Apply for a Divorce page at for more details. FAMILY COURT OF AUSTRALIA FEDERAL CIRCUIT COURT OF AUSTRALIA This kit provides geeral iformatio oly ad is ot provided as legal advice. If you have a legal issue, you should cotact a lawyer before makig a decisio about what to do or applyig to the Court. The courts caot provide legal advice.

2 Legal words used i court Address for service the address give by a party where court documets ca be served o them by had, post or certai circumstaces, by fax or . Adjour defer or postpoe a court evet to aother day. Affidavit a writte statemet by a party or witess. It is the mai way of presetig the facts of a case to the Court. A affidavit must be swor or affirmed before a perso who is authorised to witess affidavits; for example, a lawyer or Justice of the Peace. Applicat the perso who applies to the Court for orders. Court hearig the date ad time whe a case is scheduled to come before the Court. Divorce order a order made by the Court that eds a marriage. The divorce order becomes fial oe moth ad oe day after it is made, uless it is shorteed by order of the Court. A copy of the divorce order will be made available to you, either by post or through the Commowealth Courts Portal (if you are a registered user) after the order has become fial. efilig the procedure of electroically lodgig a documet through the Commowealth Courts Portal. Family Law Act 1975 the law i Australia which covers family law matters. Family law registry a public area at the courts where people ca obtai iformatio about the court process ad where parties file documets i relatio to their case. Family violece meas violet, threateig or other behaviour by a perso that coerces or cotrols a member of the perso s family (the family member), or causes the family member to be fearful. A child is exposed to family violece if the child sees or hears family violece or is otherwise exposed to family violece. See the Family Law Act, sectio 4AB, which gives examples. Family violece may also amout to abuse of a child. Abuse - i relatio to a child meas, (a) a assault, icludig a sexual assault, of the child; or (b) a perso (the first perso) ivolvig the child i a sexual activity with the first perso or aother perso i which the child is used, directly or idirectly, as a sexual object by the first perso or the other perso, ad where there is a uequal power i the relatioship betwee the child ad the first perso; or (c) causig the child to suffer serious psychological harm, icludig (but ot limited to) whe that harm is caused by the child beig subjected to, or exposed to, family violece; or (d) serious eglect of the child. Family violece order a order made uder Commowealth, state or territory legislatio to protect a perso, icludig a child, from violece. Filig the procedure of lodgig a documet at a family law registry. Judicial officer a perso who has bee appoited to hear ad decide cases; for istace, a judge. Party or parties a perso or people ivolved i a court case; for example, the applicat ad/or respodet. Registrar a court lawyer who has bee delegated power to perform certai tasks; for example, grat divorces, sig coset orders ad decide the ext step i a case. Respodet a perso amed as a party to a case. A respodet may or may ot respod to the orders sought by the applicat. Rules a set of directios that outlies court procedures ad guidelies. Sealed copy a copy of a documet which has the origial court seal stamped o it. Service the process of deliverig or postig court documets to a party after they have bee filed, i accordace with the rules of court. Service esures that all parties have received the documets filed with the Court. Spouse husbad or wife. Legal advice You should seek legal advice before decidig what to do. A lawyer ca help you uderstad your legal rights ad resposibilities, ad explai how the law applies to your case. You ca seek legal advice from a legal aid office, commuity legal cetre or private law firm. If you are a Aborigial or Torres Strait Islader, you ca also cotact your local Aborigial or Torres Strait Islader legal service. Court staff ca help you with questios about court forms ad the court process, but caot give you legal advice.

3 Basic step by step guide STEP 1 Apply Complete a Applicatio for Divorce. Applicatios for Divorce ca be electroically filed usig a separate iteractive olie form through the Commowealth Courts Portal ( There is o eed to complete the form i this kit if you wish to efile. Alteratively you (or your lawyer if you have oe) ca write or type your details ito the Applicatio for Divorce form ad file by post or had at your earest family law registry. A digital versio of the Applicatio for Divorce is available at: STEP 2 Sig You must swear or affirm the Applicatio for Divorce (Part G Affidavit of applicat/s) before a lawyer, Justice of the Peace or other perso authorised to witess affidavits i your state or territory. There are strict requiremets o who qualifies as a other authorised perso. This depeds o which state or territory you have your divorce applicatio witessed, because state ad territory oaths ad affirmatios differ. You should check state legislatio to fid out what is appropriate. If you are overseas, the followig persos ca witess your sigature: Notary Public Australia Diplomatic Officer or Australia Cosular Officer delegated as defied by s2 of the Cosular Fees Act. Employee of the Australia Trade Commissio who is authorised uder paragraph 3(d) of the Cosular Fees Act. STEP 3 Photocopy You must make two photocopies of the completed ad siged Applicatio for Divorce ad ay supportig documets. STEP 4 File You ca file a Applicatio for Divorce electroically usig a separate iteractive olie form through the Commowealth Courts Portal ( There is o eed to complete the form i this kit if you wish to efile. Visit the How do I? Apply for a Divorce page at for more details. You ca also file by post or had at your earest family law registry. You will eed to file: the origial ad two photocopies of the Applicatio for Divorce ad ay supportig documets, ad a copy of your marriage certificate. You also eed to pay a fee or you may be eligible for a fee reductio. You ca apply for this by filig a Applicatio for reductio of paymet of divorce or decree of ullity form. STEP 5 Receive a hearig date ad documets The Court will give you a file umber ad a time ad date for a hearig. Joit applicatio the Court will keep your origial Applicatio for Divorce ad give you ad your spouse a sealed copy of the applicatio ad a iformatio brochure Marriage, Families ad Separatio. Sole applicatio the Court will keep your origial Applicatio for Divorce ad give you two copies of the sealed applicatio ad iformatio brochure Marriage, Families ad Separatio. STEP 6 Serve documets If you applied for a divorce with your spouse (a joit applicatio), you ad your spouse each keep a sealed copy of the Applicatio for Divorce ad the iformatio brochure. If you applied for a divorce o your ow (sole applicatio), you must serve a sealed copy of the Applicatio for Divorce ad the iformatio brochure o your spouse: at least 28 days before the hearig date if your spouse is i Australia at least 42 days before the hearig date if your spouse is overseas. For more iformatio o service, see the Divorce Service Kit. STEP 7 Atted the hearig If there is o child of the marriage curretly uder 18, you are ot required to atted the hearig. This applies for both sole ad joit applicatios. If you make a joit applicatio ad there is a child of the marriage curretly uder 18, either you or your spouse are required to atted the hearig. If you make a sole applicatio ad there is a child of the marriage curretly uder 18, you must atted the hearig. I certai circumstaces, you ca apply to the Court i writig to appear by telephoe. STEP 8 Outcome of hearig If your divorce applicatio is successful, the Court will grat a divorce order. The order becomes fial oe moth ad oe day after it is made, uless it is shorteed by order of the Court. A copy of the divorce order will be made available to you, either by post or through the Commowealth Courts Portal (if you are a registered user) after the order has become fial. A

4 What you eed to kow WHO CAN APPLY? You if you are applyig for a divorce by yourself (sole applicatio) You ad your spouse if you are applyig together (joit applicatio) You may prepare your ow divorce applicatio or ask a lawyer to do it for you. WHEN CAN I APPLY? You ca apply for a divorce i Australia if either you or your spouse: regard Australia as your home ad ited to live i Australia idefiitely, or are a Australia citize by birth, descet or by grat of Australia citizeship, or ordiarily live i Australia ad have doe so for 12 moths immediately before filig for divorce. You also eed to satisfy the Court that you ad your spouse have lived separately ad apart for at least 12 moths, ad there is o reasoable likelihood of resumig married life. It is possible to live together i the same home ad still be separated. For more iformatio about this, see page F. YOUR RESPONSIBILITIES You must make sure all your paperwork is orgaised before filig your divorce applicatio. The accuracy of documets is your resposibility, ot the resposibility of the Court. The questios asked i the Applicatio for Divorce are to help make sure that you meet the requiremets of the Family Law Act 1975 ad the rules of the Court. It is importat to aswer all the questios; if you do ot, your divorce applicatio may be set back to you. If you eed more iformatio or are usure about ay questios, call , [email protected] or visit a family law registry ear you. If you eed more space to aswer ay questios, please attach a extra page/s to the back of the Applicatio for Divorce. If you use attachmets, you eed to put the questio umber at the top of the extra page/s. FILING You ca file a Applicatio for Divorce electroically usig a separate iteractive olie form through the Commowealth Courts Portal ( There is o eed to complete the form i this kit if you wish to efile. Visit the How do I? Apply for a Divorce page at for more details. You ca also file by post or had at your earest family law registry. You will eed to file: the origial ad two photocopies of the Applicatio for Divorce ad ay supportig documets, ad a copy of your marriage certificate. I most situatios, your case will be listed for a hearig at the locatio where you filed your divorce applicatio. Alteratively, you ca ask the Court to list your case at a circuit locatio visited by the Court. For more iformatio about circuits, go to o the website or call FEES There is a filig fee for Applicatio for Divorce. I some cases a reduced fee may be sought for a divorce applicatio, or decree of ullity, or i respect of other fees, a exemptio if you hold certai govermet cocessio cards or ca demostrate fiacial hardship. If you wat to kow more about fees, visit the fees page at B

5 PERSONAL SAFETY If you fear for your safety or the safety of your childre, you do ot eed to disclose your residetial address o the Applicatio for Divorce. You may be required to provide more iformatio to the Court. You must tell the Court about ay pedig, curret or existig family violece orders, as they may affect the orders the Court makes; see part E of the Applicatio for Divorce. If you have ay cocers about your safety whe attedig court, please call or speak to staff at a family law registry before your court appoitmet or hearig. Optios for your safety at court will be discussed ad arragemets put i place. More detail is i the flyer Do you have fears for your safety whe attedig court?. IF YOU ARE PLANNING TO REMARRY You should ot pla to remarry util the divorce order is fialised (i most cases, oe moth ad oe day after the divorce hearig). If you ited to remarry, you must give the marriage celebrat a Notice of Iteded Marriage at least oe moth before the weddig date, ad comply with other requiremets of the Marriage Act As soo as the divorce order is grated, the marriage celebrat may accept the Notice of Iteded Marriage. You must show a copy of the divorce order to the marriage celebrat before the weddig ca take place. CHANGE OF ADDRESS OR NAME If you chage address after filig your divorce applicatio, you must file a Notice of Address for Service with the Court. You ca get this form from ad If you chage your ame after filig your divorce applicatio, you must iform the Court i writig. If you have chaged your ame sice the marriage (other tha usig your spouse s surame) you eed to provide the Court with evidece of your chage of ame. FAMILY RELATIONSHIP AND SEPARATION ISSUES Whe you separate, you ad your spouse eed to make importat decisios about the future care of your childre ad how to divide your property, moey ad belogigs. For help workig through ad resolvig these issues, go to Family Relatioships Olie at call the Family Relatioship Advice Lie o or visit a Family Relatioship Cetre ear you. ARRANGEMENTS FOR CHILDREN, PROPERTY AND MAINTENANCE The gratig of a divorce does ot decide issues about property ad maiteace or paretig arragemets for your childre. If you wat to make arragemets about these issues you ca: make a agreemet with your spouse ad file it with the Court, or seek orders from the Court, where you ad your spouse caot reach a agreemet. For paretig cases, you also have the optio to make a paretig pla. For more iformatio about paretig plas, go to call or visit a Family Relatioship Cetre ear you. ELECTRONIC FILING OF APPLICATIONS FOR DIVORCE Applicatios for Divorce ca be electroically filed usig a separate iteractive olie form through the Commowealth Courts Portal ( There is o eed to complete the form i this kit if you wish to efile. Visit the How do I? Apply for a Divorce page at for more details. If you wat to apply for maiteace for yourself or a divisio of property, you must file a separate applicatio withi 12 moths of the date the divorce becomes fial. Otherwise, you will eed the Court s permissio to apply. C

6 QUESTION 1 You ca apply for a divorce by yourself (sole applicatio) or together with your spouse (joit applicatio). The spouse makig a sole applicatio is kow as the applicat. The other spouse is kow as the respodet. For a joit applicatio, the husbad ad wife are kow as joit applicats. Sole applicatio if you are applyig o your ow, you eed to aswer all the questios that relate to you ad your spouse. If you do ot kow the aswer ad have made all attempts to fid the aswer, isert ot kow. If you do ot aswer all the questios, your divorce applicatio may ot be accepted by the Court ad may be set back to you. Joit applicatio if you are applyig together, all questios must be aswered. There are a umber of ways this ca be doe: Help completig the Applicatio for Divorce you ad your spouse ca sit dow together ad fill i the applicatio, or oe spouse may fill i the etire applicatio ad have the other spouse check it, or oe spouse may aswer most of the applicatio, leavig aside the questios directly relatig to the other spouse, ad have the other spouse aswer the questios relatig to them. The affidavit sectio (Part G) caot be siged util all questios have bee aswered. QUESTION 2 If there is o child of the marriage curretly uder 18, you are ot required to atted the hearig. This applies for both sole ad joit applicatios. If you make a joit applicatio ad there is a child of the marriage curretly uder 18, either you or your spouse are required to atted the hearig. If you make a sole applicatio ad there is a child of the marriage curretly uder 18, you must atted the hearig. I certai circumstaces, you ca apply to the Court i writig to appear by telephoe. For example, you live some distace from the Court, you have a illess or disability, the expese with attedig or safety cocers. You ca put your request i writig to the court at the registry where your divorce hearig will take place. Visit to fid the registry cotact details. If you are required to atted the hearig ad fail to do so, the Court may adjour or dismiss your applicatio. QUESTION 10 You eed to provide a address where documets ca be delivered or posted to you. This may or may ot be the address you provided i questio 9. If you are the applicat, you must provide a address for service i Australia. If you have take all reasoable steps to serve your divorce applicatio o your spouse ad you are uable to do so, you ca apply to the Court for: substituted service, or dispesatio of service. For more iformatio, see the fact sheet Are you havig trouble servig your divorce applicatio?. D

7 QUESTION 11 To be eligible to apply for a divorce i Australia, you or your spouse must aswer yes to at least oe of the four questios. The fact that you were married i Australia is ot grouds eough to apply for a divorce i Australia. If you were married overseas, you may still be etitled to apply for a divorce i Australia. Sole applicatio if you are applyig o your ow, you must aswer all the questios about you ad all the questios about your spouse, aswerig them to the best of your ability. Joit applicatio if you are applyig together, you ad your spouse must aswer all the questios. (a) Regard Australia as your home ad ited to live idefiitely i Australia Aswer yes to this questio oly if you are lawfully preset i Australia ad you ited cotiuig to live i Australia. If you are applyig o your ow, you should ot refer to the itetio of your spouse uless you ca provide further iformatio as to how you kow what your spouse s itetios are. (b) Australia citize by birth or descet I most situatios, you are a Australia citize if: ~ you were bor i Australia ad at the time of your birth at least oe paret was a Australia citize or a permaet residet, or ~ you were bor outside Australia ad at least oe paret was a Australia citize ad registered your birth i Australia. (c) Australia citize by grat of a Australia citizeship Aswer yes to this questio oly if you have bee grated a certificate of Australia citizeship. You must provide the Court with a copy of your Australia citizeship certificate, Australia passport or other proof of citizeship. (d) Ordiarily live i Australia ad have doe so for 12 moths immediately before filig for divorce Aswer yes to this questio oly if you have lived i Australia for a cotiual period of 12 moths immediately before filig for divorce. You may still aswer yes if you have had temporary periods of absece from Australia; for example, a overseas holiday or busiess trip. QUESTION 12 You must provide the Court with a copy of your marriage certificate. If you do ot have your marriage certificate, you will eed to get a copy. If you were married i Australia, you must provide a certificate which ca be obtaied by cotactig the Registry of Births, Deaths ad Marriages i the capital city where you were married. If you were ot married i Australia ad caot get a copy of your marriage certificate, you eed to prepare a affidavit ad file it with the Court. You should seek legal advice about how to do this. The affidavit eeds to explai the details of your marriage ad the reasos why you caot get a copy of your marriage certificate. E

8 If your marriage certificate is ot i Eglish, you eed to file: a Eglish traslatio of it, ad a affidavit from the traslator which: states his or her qualificatios to traslate attaches a copy of the marriage certificate attaches the traslated marriage certificate states that the traslatio is a accurate traslatio of the marriage certificate, ad states that the attached copy of the marriage certificate is a true copy of the marriage certificate traslated. You ca get a copy of a Affidavit Traslatio of Marriage Certificate from or QUESTION 14 You caot sig ad file the Applicatio for Divorce util you have bee separated from your spouse for at least 12 moths. For example, if you separated o 7 November 2012 you caot apply for a divorce util 8 November QUESTION 15 At least oe spouse must regard the marriage as over o the date of separatio ad i some way commuicated this to the other spouse. If you are applyig o your ow, you should ot refer to the itetio of your spouse uless you ca provide further iformatio as to how you kew what your spouse s itetio was at the time. You should be prepared to provide the Court with iformatio about what happeed or what was said o the date of separatio to show that oe or both of you iteded to ed the marriage. QUESTION 16 It is possible for you ad your spouse to be separated but to cotiue livig i the same home durig the 12 moths before applyig for divorce. This is kow as separatio uder the oe roof. If this applies to your situatio, you eed to prove to the Court that you were separated durig this time. If you are applyig for a divorce o your ow, you must file a affidavit yourself. You should also file a affidavit by a idepedet perso; such as, a family member, fried or eighbour. If you ad your spouse are applyig together, you must each file a separate affidavit. If oly oe of you is able to file a affidavit, the you should file a affidavit by a idepedet perso (see above). I your affidavit, you eed to prove that there has bee a chage i the relatioship, gradual or sudde, demostratig you ad your spouse have separated. For more iformatio, see the fact sheet Separated, but livig uder the oe roof?. F

9 QUESTION 17 The miimum period for separatio is 12 moths. You ca, however, live together as husbad ad wife for oe period of up to three moths after separatig. If you separate from your spouse for a secod time, you ca use the time before ad after livig together as husbad ad wife to calculate the 12 moth separatio period. Example oe First separatio for six moths Together agai for three moths Fial separatio for six moths Example two First separatio for three moths Together agai for two moths Fial separatio for ie moths I both examples, the time of separatio totals 12 moths. If you ad your spouse live together as husbad ad wife for more tha three moths ad separate for a secod time, you must start coutig the 12 moths separatio agai. QUESTION 18 The Court ca oly grat a divorce if it is satisfied that: a marriage has broke dow irretrievably (permaetly), ad there is o reasoable likelihood of the husbad ad wife resumig married life. This meas that if there is ay chace of you ad your spouse livig together agai as husbad ad wife, the Court caot grat a divorce. QUESTION 19 If you have bee married less tha two years ad wat to apply for a divorce, you must either: Atted cousellig with a family cousellor or omiated cousellor to discuss the possibility of recociliatio with your spouse OR If you do ot atted cousellig, seek permissio of the Court to apply for a divorce. The two years is calculated from the date of the marriage to the date of applyig to the Court for a divorce. You ad your spouse must also be separated for at least 12 moths before applyig for a divorce. For more iformatio, see the fact sheet Have you bee married less tha two years?. QUESTION 22 The Court ca oly grat a divorce if it is satisfied that: proper arragemets are made for all childre curretly uder 18, or there are special reasos why the divorce should be grated eve though proper arragemets for all the childre are ot made. This meas that you eed to provide iformatio about who lives, speds time ad commuicates with the childre ad about fiacial support, health ad educatio for all childre who are curretly uder 18 listed o the Applicatio for Divorce. A child of the marriage icludes: ay child of you ad your spouse, icludig childre bor before the marriage or after separatio ay child adopted by you ad your spouse, or ay child who was treated as a member of your family prior to your fial separatio; for example, a step-child or foster child. G

10 You must provide the iformatio idividually for each child; for example, child oe, child two ad so o. If you have more tha four childre, attach a extra page/s ad aswer the same questios for each child. If you caot provide the iformatio yourself, you should make all attempts to fid out the iformatio. For example, by cotactig the perso with whom the child is livig. If you caot provide the iformatio requested, you should be prepared to tell the Court what attempts you have made to obtai the iformatio. QUESTION 24, 25, 31 ad 32 If you are ot the child s birth or adoptive paret/s ad do ot kow who the child s birth or adoptive paret/s are, isert ot kow. You may eed to provide the Court with more iformatio. QUESTION 26 ad 33 You eed to idicate who the child lives with for most of the time. This may be oe or both parets or some other sigificat perso i the child s life; for example, a gradparet or other relative. QUESTION 27 ad 34 Provide the address or addresses where the child lives for most of the time. If the child speds equal time or substatial ad sigificat time with both parets, provide both addresses. QUESTION 28 ad 35 It is importat that you provide curret details about the child. You oly eed to provide a short statemet. If you eed more space, attach a extra page/s. Time ad commuicatio with the child state the amout ad frequecy of time the child speds with the paret (or other sigificat perso) with whom the child does ot live. This time may be face to face, telephoe, s, letters or other forms of commuicatio. Fiacial support state who pays for the costs of raisig the child; iclude details of ay child support or maiteace beig: actually paid, or agreed, assessed or ordered to be paid ad ot beig paid by ay perso with whom the child does ot live. Health provide details of the child s health ad ay diagosis, treatmet or ogoig medical eeds. Educatio state which school the child atteds, the year level ad how the child is progressig at school. QUESTION 29 ad 36 You should iclude details of ay sigificat chages plaed i the foreseeable future. For example, a chage i livig arragemets, schoolig or fiacial support. H

11 Service If you have made a sole applicatio, you must arrage to serve the followig documets o your spouse: a sealed copy of the Applicatio for Divorce a copy of the Marriage, Families ad Separatio brochure, ad ay other documets filed with the Court, except the copy of your marriage certificate. Service is the process of deliverig or postig court documets to a party after they have bee filed, i accordace with the rules of court. Service esures that all parties have received the documets filed with the Court. There are two ways you ca serve documets o your spouse. The documets may be served by: postig it to your spouse at their last kow address, or arragig aother perso over 18 years of age to had it to your spouse (you are ot allowed to serve the documets yourself). If your spouse is i Australia, the documets must be served at least 28 days before the hearig date. If your spouse is overseas, the documets must be served at least 42 days before the hearig date. For more iformatio about service, see the Divorce Service Kit. This kit provides a step by step service guide ad icludes the forms required to serve your divorce applicatio. To get a copy of the kit: go to call , or o the website visit a family law registry ear you. I

12 Court hearig The date ad time of your court hearig is located o the top right had corer of the Applicatio for Divorce. If you are required to atted the hearig (see page A, Step 7), you should arrive at least 30 miutes early to give yourself plety of time to fid the right courtroom. If you have ay problems fidig the right courtroom, ask court staff. You should brig all documets with you to court, icludig a copy of your Applicatio for Divorce ad service forms (if applicable). You ca brig a family member or fried (who is over the age of 18) to sit with you ad provide support. Uless approved by the judicial officer or registrar, your support perso caot sit with you at the bar table ad caot speak o your behalf. Geerally, courts are ot appropriate places for childre. Please make other arragemets for your child s care whe you come to court. Before you eter the courtroom you should: tur off electroic equipmet, icludig mobile phoes, ad remove hats or suglasses, uless for medical or religious reasos. Do ot brig ay food or drik ito the courtroom. Whe you eter the courtroom, give your ame to the perso assistig the judicial officer or registrar (either the court officer or associate). It is a good idea to ask them how you should address the perso hearig your divorce applicatio. You refer to a judicial officer as Your Hoour ad a registrar as Registrar. You should stad whe the judicial officer or registrar eters ad leaves the courtroom ad remai stadig util he or she sits dow. You should also stad, uless told otherwise, wheever you are speakig to the judicial officer or registrar. You should be aware that a umber of cases will also be listed at the same time as your case. The judicial officer or registrar will deal with each case idividually, which usually takes betwee 3-5 miutes. Oce your case is dealt with, you are free to leave the courtroom. If you have ay cocers about your persoal safety at court, please otify court staff. The courts ad your privacy The courts respect your right to privacy ad the security of your iformatio. You ca read more about the Courts commitmets ad legal obligatios i the fact sheet The courts ad your privacy. The fact sheet icludes details about iformatio protectio uder the privacy laws ad where privacy laws do ot apply. J

13 Checklist Use the checklist to make sure you have doe everythig you eed to do. Tick if completed HAVE YOU: If you are applyig o your ow, aswered all the questios that relate to you ad your spouse? If you are applyig together, aswered all the questios that relate to both of you? Idicated whether or ot you wish to atted the court hearig? Provided a address where documets ca be delivered or posted to you? The applicat must provide a address for service i Australia. Aswered yes or o to ALL the boxes that apply to both you ad your spouse about citizeship, residecy ad where you usually live? You may eed to provide the Court with a copy of your Australia citizeship certificate, Australia passport or other proof of citizeship. Give the details of your marriage date ad place exactly as they are show o your marriage certificate? You eed to provide the Court with a copy of your marriage certificate whe you file your divorce applicatio. If your marriage certificate is ot i Eglish, filed a Eglish traslatio of it ad a affidavit from the traslator? If you ad your spouse have lived uder the oe roof for ay time durig the 12 moth separatio period, prepared a affidavit yourself ad also arraged for a idepedet perso to prepare a affidavit? If it has bee less tha two years sice you married, participated i the required cousellig ad attached the siged cousellig certificate or prepared a affidavit? Provided details of ay other court cases or orders cocerig you ad your spouse or the childre? Provided iformatio for each child curretly uder 18? If more tha four childre, have you attached extra pages? Siged the Applicatio for Divorce before a lawyer, Justice of the Peace, or other perso who is authorised to witess affidavits i your state or territory? If you are applyig o your ow, completed the Notice of Applicatio for Divorce? Orgaised the appropriate fee or completed a Applicatio for a Reductio of Court Fees form? Made two photocopies of the completed ad siged Applicatio for Divorce ad ay supportig documetatio? You should tick all the boxes that relate to your case before you file your Applicatio for Divorce with the Court. K

14 APPLICATION FOR DIVORCE Filed i: Federal Circuit Court of Australia Family Court of Australia Family Court of Wester Australia Cliet ID File Number Filed at Filed o COURT USE ONLY NOTE: Applicatios for Divorce ca be electroically filed usig a separate iteractive olie form through the Commowealth Courts Portal ( There is o eed to complete this form if you wish to efile. Visit the How do I? Apply for a Divorce page at for more details. Part A 1. Who is/are makig this applicatio? The applicat/s Court locatio Court date Court time Husbad Wife Husbad ad Wife together (joit) Husbad Wife 2a. Do you wat to atted the hearig? It may be compulsory for you to atted. Page D Divorce Kit No No 2b. If yes, will you eed a iterpreter at the hearig? If yes, state laguage ad dialect: No No If yes, state laguage ad dialect: Part B 3. Family ame as used ow 4. Full give ames Husbad ad Wife Husbad Wife 5. Date of birth (day / moth / year) / / / / 6. Coutry of birth 7. If bor outside Australia, date you started livig i Australia (day / moth / year) / / / / 8. What is your occupatio? Page 1 of 7

15 9. Residetial address If you have safety cocers, you do ot eed to disclose a residetial address. Page C Divorce Kit State Postcode State Postcode Phoe ( ) Phoe ( ) 10. Address for service Page D Divorce Kit Same as residetial address Lawyer s address (below) Other address (below) Same as residetial address Lawyer s address (below) Other address (below) If you do ot have a service address for your spouse ad have take all reasoable steps to fid it, isert ot kow. Page D Divorce Kit State Postcode State Postcode Name of lawyer (if applicable) Name of law firm (if applicable) Lawyer s code (if applicable) Phoe ( ) ( ) Fax ( ) ( ) DX Part C 11. Mark yes or o to each statemet below Page E Divorce Kit Jurisdictio Husbad Wife The Husbad/Wife: (a) regards Australia as his/her home ad iteds to live idefiitely i Australia (b) is a Australia citize by birth or descet (c) is a Australia citize by grat of Australia citizeship (d) ordiarily lives i Australia & has doe so for 12 moths immediately before filig this applicatio No No No No No No No No Page 2 of 7

16 Part D Marriage ad separatio 12. Date ad place of marriage o your marriage certificate (day / moth / year) Pages E & F Divorce Kit 13. Full ames of both parties as they appear o the marriage certificate 14. Date of separatio (day / moth / year) Page F Divorce Kit Date / / Tow/city Coutry Husbad Wife Date / / 15a. At the date of separatio, did you regard the marriage as over? Page F Divorce Kit 15b. If you aswered o to questio 15(a), o what date did you regard the marriage as over? (day / moth / year) Husbad No Wife No Husbad Date / / Wife Date / / 16a. Sice the date of separatio, have you ad your spouse lived together i the same home but ot as husbad ad wife? No 16b. If you aswered yes to questio 16(a), give dates of each period you ad your spouse lived together i the same home after separatio. (day / moth / year) If relyig o ay period outlied here as part of the 12 moths separatio, go to Page F Divorce Kit. From / / to / / From / / to / / 17a. Sice the date of separatio, have you ad your spouse lived together as husbad ad wife? No 17b. If you aswered yes to questio 17(a), give dates of each period you ad your spouse lived together as husbad ad wife. (day / moth / year) If relyig o ay period outlied here as part of the 12 moths separatio, go to Page G Divorce Kit. From / / to / / From / / to / / 18. Do you thik it is likely that you ad your spouse will live together agai as husbad ad wife? If yes, go to Page G Divorce Kit. 19. At the date of filig this applicatio, is it less tha two years sice you married? If yes, go to Page G Divorce Kit. No No Page 3 of 7

17 Part E Other court cases 20. Are there ay curret or pedig cases i this or ay other court about family law, child support, family violece, or abuse i relatio to a child (icludig orders which have applied to a child or a member of the child s family), or child welfare, ivolvig ay of the parties ad/or childre listed i this applicatio? Court ame ad place Next court date / / Names of parties ad/or childre Brief summary of curret or pedig case/s No If yes, provide the followig details for each curret or pedig case. Attach extra pages as required. 21. Are there ay existig orders, bidig agreemets, paretig plas or udertakigs to a court about family law, child support, family violece, or abuse i relatio to a child (icludig orders which have applied to a child or a member of the child s family), or child welfare, ivolvig ay of the parties ad/or childre listed i this applicatio? No, attach documet/s, provide the followig details for each item. Attach extra pages as required. Court ame ad place (if applicable) Date / / Names of parties ad/or childre Details of the order, bidig agreemet, paretig pla or udertakig Part F Childre 22. Are there ay childre curretly uder 18 who: a) are childre of you ad your spouse? No b) were treated as members of your family whe you ad your spouse separated? No Page G Divorce Kit If you aswered o to both questio 22 (a) ad (b) go to Part G ad remove pages 5-6. If you aswered yes to either questio 22 (a) or (b) idicate the total umber of childre: Family ame Give ames Date of birth (day / moth / year) Geder (M/F) Child 1 Child 2 Child 3 Child 4 / / / / / / / / Page 4 of 7

18 Child 1 Child Name of child 24. Name of father 25. Name of mother 26. Who does the child live with? Husbad Wife Husbad Wife 27. Child s address If the child lives at more tha oe address, please iclude both addresses. If you have safety cocers, you do ot eed to disclose a residetial address. Page C Divorce Kit Address 1 Address 1 Husbad Wife Husbad Wife State Postcode State Postcode Address 2 Address 2 Husbad Wife Husbad Wife 28. Curret details for the child Time ad commuicatio with the child State Postcode State Postcode Fiacial support Health Educatio 29. Do you pla to make ay chages to these curret arragemets? If yes, attach extra pages providig details of sigificat chages plaed. No No If yes, attach extra pages providig details of sigificat chages plaed. Page 5 of 7

19 Child 3 Child Name of child 31. Name of father 32. Name of mother 33. Who does the child live with? Husbad Wife Husbad Wife 34. Child s address If the child lives at more tha oe address, please iclude both addresses. If you have safety cocers, you do ot eed to disclose a residetial address. Page C Divorce Kit Address 1 Address 1 Husbad Wife Husbad Wife State Postcode State Postcode Address 2 Address 2 Husbad Wife Husbad Wife 35. Curret details for the child Time ad commuicatio with the child State Postcode State Postcode Fiacial support Health Educatio 36. Do you pla to make ay chages to these curret arragemets? If yes, attach extra pages providig details of sigificat chages plaed. No No If yes, attach extra pages providig details of sigificat chages plaed. Page 6 of 7

20 Part G Affidavit of applicat/s Do ot swear or affirm this affidavit util: 1. you ad your spouse have bee separated for at least 12 moths, ad 2. you are with a perso who is authorised to witess your sigature. If you are applyig as a sole applicat, you oly eed to sig your part of the affidavit. You do ot have to ask or arrage for your spouse to sig his or her part of the affidavit. If you are applyig as husbad ad wife together, each perso must sig their part of the affidavit. You may do so at differet times ad before differet witesses or before the same witess at the same time. Husbad I swear / affirm that: 1. I am the applicat. 2. I have read this applicatio. 3. The facts of which I have persoal kowledge are true. 4. All other facts are true to the best of my kowledge, iformatio ad belief. Wife I swear / affirm that: 1. I am the applicat. 2. I have read this applicatio. 3. The facts of which I have persoal kowledge are true. 4. All other facts are true to the best of my kowledge, iformatio ad belief. Sigature Sigature Place Date / / Place Date / / Before me (sigature of witess) Before me (sigature of witess) Full ame of witess (prit ame) Full ame of witess (prit ame) Lawyer Justice of the Peace Authorised Staff Member of the Court Other authorised perso (specify): Part H Lawyer s declaratio If you are represetig yourself for this applicatio, you do ot eed to sig this part. However, make sure you receive a copy of the iformatio brochure Marriage, Families ad Separatio. Registry staff will provide you with a copy whe you file your applicatio. If a lawyer is represetig you for this applicatio, the your lawyer must give you a copy of the brochure Marriage, Families ad Separatio ad complete ad sig the declaratio below. I gave the applicat/s a copy of the brochure Marriage, Families ad Separatio. Sigature of lawyer Full ame of lawyer: Date: / / Lawyer Justice of the Peace Authorised Staff Member of the Court Other authorised perso (specify): 0313_V2 Page 7 of 7

21 Notice of Applicatio for Divorce You oly eed to complete this otice if you have made a sole applicatio. Oce you have prited the ame ad address of your spouse, attach this otice to the frot page of the Applicatio for Divorce to be served o your spouse. To (ame of spouse) Cotact address (address for service) TO THE RECIPIENT OF THIS NOTICE I the attached applicatio your spouse is applyig for divorce. The Court has set dow the hearig of this applicatio at the time ad place show o page oe of the Applicatio for Divorce. What steps you eed to take 1 You should sig, date ad retur the Ackowledgmet of Service (Divorce) to the perso who served the Applicatio for Divorce o you. 2 You should check the details give by your spouse i the applicatio to make sure they are correct to the best of your kowledge. You should also carefully read the eclosed brochure Marriage, Families ad Separatio. It sets out the legal ad possible social effects of divorce ad the services provided to families by the Family Law Courts ad other govermet ad commuity agecies. 3 If you wat the divorce grated, you do ot have to go to court or do aythig else. A copy of the divorce order will be made available to you, either by post or through the Commowealth Courts Portal (if you are a registered user) after the order has become fial. 4 If you wat the divorce grated but disagree with facts i the applicatio, you may file a Respose to Divorce. You eed to outlie which facts you disagree with i the Respose to Divorce. You do ot eed to atted the hearig. 5 If you do ot wat the divorce grated, you must file a Respose to Divorce. You eed to outlie the reasos why you oppose the divorce i the Respose to Divorce. You should atted the hearig. If you do ot atted, the Court may decide the divorce applicatio i your absece. I certai circumstaces, you ca apply to the Court i writig to appear by telephoe. For example, you live some distace from the Court, you have a illess or disability, the expese with attedig or safety cocers. For more iformatio, [email protected] or call Respose to Divorce If you wat to file a Respose to Divorce, you eed to file it at a family law registry: if served i Australia withi 28 days of the applicatio beig served, or if served outside of Australia withi 42 days of the applicatio beig served. After filig the Respose to Divorce with the Court, you must serve a copy of it o your spouse i accordace with the rules of the Court. You ca get a copy of this form from by callig or at your earest family law registry. Property ad maiteace If you wat to apply to the Court about property or your ow maiteace, you must file a separate applicatio withi 12 moths of the date the divorce becomes fial. Otherwise, you will eed the Court s permissio to apply. / / Sigature of registry officer Prit full ame Date

22 Where to file your divorce applicatio You ca file your divorce applicatio, olie via i perso or by post, at ay oe of the followig family law registries. AUSTRALIAN CAPITAL TERRITORY Caberra (Nigel Bowe Commowealth Law Courts) Cr Uiversity Ave ad Childers St Caberra ACT 2600 GPO Box 9991 Caberra 2601 NEW SOUTH WALES Albury Level 1, 463 Kiewa St Albury NSW 2640 PO Box 914 Albury NSW 2640 Dubbo Cr Macquarie ad Wigewarra Sts Dubbo NSW 2830 PO Box 1567 Dubbo NSW 2830 Lismore Level 2, Molesworth St Lismore NSW 2480 PO Box 9 Lismore NSW 2480 Newcastle 61 Bolto St Newcastle NSW 2300 PO Box 9991 Newcastle NSW 2300 Parramatta 1-3 George St Parramatta NSW 2123 PO Box 9991 Parramatta NSW 2123 Sydey (Lioel Bowe Commowealth Law Courts) Goulbur St, Sydey NSW 2000 GPO Box 9991 Sydey NSW 2001 Wollogog Level 1, 43 Burelli St, Wollogog NSW 2500 PO Box 825 Wollogog NSW 2500 NORTHERN TERRITORY Alice Sprigs Westpoit Buildig Cr Railway Terrace ad Stott Terrace, Alice Sprigs NT 0870 PO Box 9991 NT 0871 Darwi Supreme Court Buildig, State Square, Darwi NT 0800 GPO Box 9991 Darwi NT 0800 QUEENSLAND Brisbae (Harry Gibbs Commowealth Law Courts) 119 North Quay Brisbae QLD 4000 PO Box 9991 Brisbae QLD 4001 Cairs Level 3 ad 4, 104 Grafto St Cairs QLD 4870 PO Box 9991 Cairs QLD 4870 Rockhampto 46 East St (Cr Fitzroy St) Rockhampto QLD 4700 PO Box 9991 Rockhampto QLD 4700 Towsville Level 2, Commowealth Cetre 143 Walker St Towsville QLD 4810 PO Box 9991 Towsville QLD 4810 SOUTH AUSTRALIA Adelaide (Roma Mitchell Commowealth Law Courts) 3 Agas St Adelaide SA 5000 GPO Box 9991 SA 5001 TASMANIA Hobart (Edward Braddo Commowealth Law Courts) Davey St Hobart Tas 7000 GPO Box 9991 Hobart Tas 7001 Laucesto Level 3, ANZ Buildig, Cr Brisbae ad George Sts Laucesto Tas 7250 PO Box 9991 Laucesto Tas 7250 VICTORIA Dadeog Robiso St Dadeog Vic 3175 PO Box 9991 Dadeog Vic 3175 Melboure (Owe Dixo Commowealth Law Courts) 305 William St Melboure Vic 3000 GPO Box 9991 Melboure Vic 3001 WESTERN AUSTRALIA Perth Family Court of Wester Australia 150 Terrace Rd Perth WA 6000 GPO Box 9991 Perth WA

23 Help i other laguages If you eed to cotact the courts, call the Traslatig ad Iterpretig Service o This is a free service. If you eed a iterpreter to assist you at court, please tell court staff at least oe week before your court appoitmet or hearig. Court staff will arrage a professioal ad idepedet iterpreter to assist you free of charge. DIVORCE_KIT0313 V3