Application form

Part A – The Applicant(s)

1. Who is/are making this application?You can apply for a divorce by yourself (sole application) or together with your spouse (joint application). The spouse making a sole application is known as the applicant. The other spouse is known as the respondent. For a joint application, the husband and wife are known as joint applicants.

1. Who is/are making this application?

Husband
Wife
Husband and wife together (Joint)

Sole application – if you are applying on your own, you need to answer all the questions that relate to you and your spouse. If you do not know the answer and have made all attempts to find the answer, insert ‘not known’. If you do not answer all the questions, your divorce application may not be accepted by the Court and may be sent back to you.

Joint application – if you are applying together, all questions must be answered. There are a number of ways this can be done:
• you and your spouse can sit down together and fill in the application, or
• one spouse may fill in the entire application and have the other spouse check it, or
• one spouse may answer most of the application, leaving aside the questions directly relating to the other spouse, and have the other spouse answer the questions relating to them.
The affidavit section (Part G) cannot be signed until all questions have been answered.
Please free to contact our office if you feel unsure as to what is your application requirements.

2. Do you want to attend the hearing?
It may be compulsory for you to attend. If there is no child of the marriage currently under 18, you are not required to attend the hearing. This applies for both sole and joint applications. This means Rachel Stubbs & Associates will not charge for a court attendance.

If you make a joint application and there is a child of the marriage currently under 18, neither you nor your spouse are required to attend the hearing. This means Rachel Stubbs & Associates will not charge for a court attendance.

If you make a sole application and there is a child of the marriage currently under 18, Rachel Stubbs & Associates will attend the court on your behalf and charge in accordance with the fee schedule.

Husband will attend hearing

Yes
No

Husband

Wife will attend hearing

Yes
No

Wife

If Yes, will you need an interpreter at the hearing?

Interpreter for Husband

Yes
No

Interpreter for Husband?

Interpreter for Wife

Yes
No

Interpreter for Wife?

Husband's Language

Please enter language and dialect

Wife's Language

Please enter language and dialect

Part B – Husband and Wife

3. Family Name as used now

Husband's Family Name

Husband’s Family Name

Wife's Family Name

Wife’s Family Name

4. Full given names

Husband's First Name

Husband’s First Name

Wife's First Name

Wife’s First Name

5. Date of Birth
( day / month / year )

Husband's Birthday

Husband’s Birthday

Wife's Birthday

Wife’s Birthday

6. Country of Birth

Husband's Country

Husband’s Country

Wife's Country

Wife’s Country

7. If born outside Australia, date you started living in Australia

Husband started living in Australia

Husband’s migration date

Wife started living in Australia

Wife’s migration date

8. What is your occupation?

Husband's Occupation

Husband’s Occupation

Wife's Occupation

Wife’s Occupation

9. Residential Address
If you have safety concerns, you do not need to disclose a residential address.

Husband's Residence

Street AddressCityState / Province / RegionZip / Postal Code

Wife's Residence

Street AddressCityState / Province / RegionZip / Postal Code

10. Address for service
If you do not have a service address for your spouse and have taken all reasonable steps to find it, choose ‘not known’.You need to provide us with an address where documents can be delivered or posted to you. This may or may not be the address you provided in question 9.

If you are not able to provide our office with an address to contact your spouse we need to discuss with you alternate action. This may include

• substituted service, or
• dispensation of service.

We will discuss this with you personally is it is outside the scope of this service. Our office is more than will willing to complete this task however we will need to discuss alternate fee arrangements.

Husband's Service Address

Same as residential address
Lawyer’s address (below)
Other address (below)
Not known

Wife's Service Address

Same as residential address
Lawyer’s address (below)
Other address (below)
Not known

Husband's Service Address

Street AddressCityState / Province / RegionZip / Postal Code

Wife's Service Address

Street AddressCityState / Province / RegionZip / Postal Code

Name of Lawyer
(If applicable)

Husband's Lawyer

Husband’s Lawyer

Wife's Lawyer

Wife’s Lawyer

Name of Lawfirm
(If applicable)

Husband – Lawfirm

Wife – Lawfirm

Lawyer’s code
(If applicable)

Husband – Lawyer's code

Husband – Lawyer’s code

Wife – Lawyer's code

Wife – Lawyer’s code

Lawyer’s Phone Number
(###)(###) – (####)

Husband – Lawyer's Phone

Husband – Lawyer’s Phone

Wife – Lawyer's Phone

Wife – Lawyer’s Phone

Lawyer’s Fax Number
(###)(###) – (####)

Husband – Lawyer's Phone

Husband – Lawyer’s Fax

Wife – Lawyer's Fax

Wife – Lawyer’s Fax

DX

Husband – Lawyer's DX

Husband – Lawyer’s DX

Wife – Lawer's DX

Wife – Lawer’s DX

Lawyer’s Email

Husband – Lawyer's Email

Husband – Lawyer’s Email

Wife – Lawyer's Email

Husband – Lawyer’s Email

Part C – Jurisdiction

The Husband/Wife

Mark yes or no to each statement belowTo be eligible to apply for a divorce in Australia, you or your spouse must answer yes to at least one of the four questions.

The fact that you were married in Australia is not grounds enough to apply for a divorce in Australia.

If you were married overseas, you may still be entitled to apply for a divorce in Australia.

Sole application – if you are applying on your own, you must answer all the questions about you and all the questions about your spouse, answering them to the best of your ability.

Joint application – if you are applying together, you and your spouse must answer all the questions.

regards Australia as his/her home and intends to live indefinitely in Australia Answer yes to this question only if you are lawfully present in Australia and you intend continuing to live in Australia.

If you are applying on your own, you should not refer to the intention of your spouse unless you can provide further information as to how you know what your spouse’s intentions are.

Husband – regards Australia as his/her home and intends to live indefinitely in Australia

Yes
No

Husband

Wife – regards Australia as his/her home and intends to live indefinitely in Australia

Yes
No

Wife

is an Australian citizen by birth or descent In most situations the Family court advises, you are an Australian citizen if:

• you were born in Australia and at the time of your birth at least one parent was an Australian citizen or a permanent resident, or
• you were born outside Australia and at least one parent was an Australian citizen and registered your birth in Australia.

Husband – is an Australian citizen by birth or descent

Yes
No

Husband

Wife – is an Australian citizen by birth or descent

Yes
No

Wife

is an Australian citizen by grant of Australian citizenship Answer yes to this question only if you have been granted a certificate of Australian citizenship.

You must provide Rachel Stubbs & Associates with a copy of your Australian citizenship certificate, Australian passport or other proof of citizenship.

Husband – is an Australian citizen by grant of Australian citizenship

Yes
No

Husband

Wife – is an Australian citizen by grant of Australian citizenship

Yes
No

Wife

ordinarily lives in Australia & has done so for 12 months immediately before filing this application Answer yes to this question only if you have lived in Australia for a continual period of 12 months immediately before filing for divorce. You may still answer yes if you have had temporary periods of absence from Australia; for example, an overseas holiday or business trip.

Husband – ordinarily lives in Australia & has done so for 12 months immediately before filing this application

Yes
No

Husband

Wife – ordinarily lives in Australia & has done so for 12 months immediately before filing this application

Yes
No

Wife

Part D – Marriage and separation

12. Date and place of marriage on your marriage certificate
(day / month / year) We must provide the Court with a copy of your marriage certificate. If you do not have your marriage certificate, you will need to get a copy. You can contact Birth deaths and Marriages in the nearest city to where you were married.

If you cannot get a copy of your marriage certificate, you need to prepare an affidavit and file it with the Court. You will need to contact us and we will provide legal advice about how we will do this.

Date

Town/City

Country

Is your marriage certificate in English?*

Yes
No

If your marriage certificate is not in English, you need to file:
 an English translation of it, and
 an affidavit from the translator which:
- states his or her qualifications to translate
- attaches a copy of the marriage certificate
- attaches the translated marriage certificate
- states that the translation is an accurate translation of the marriage certificate, and
- states that the attached copy of the marriage certificate is a true copy of the marriage certificate translated.

13. Full names of both parties as they appear on the marriage certificate

Husband's full name on the marriage certificate*

Husband’s full name

Wife's full name on the marriage certificate*

Wife’s full name

14. Date of separation

You cannot make an Application for Divorce until you have been separated from your spouse for at least 12 months. For example, as of today << insert today’s date>>you must have separated on or before<<>>

15. At the date of separation, did you regard the marriage as over?At least one spouse must regard the marriage as over on the date of separation and in some way communicated this to the other spouse.

If you are applying on your own, you should not refer to the intention of your spouse unless you can provide further information as to how you knew what your spouse’s intention was at the time.

You should be prepared to provide the Court with information about what happened or what was said on the date of separation to show that one or both of you intended to end the marriage.

Husband

Yes
No

Husband

Wife

Yes
No

Wife

If you answered no to question 15, on what date did you regard the marriage as over?

Husband – on what date did you regard the marriage as over?

Wife – on what date did you regard the marriage as over?

16. Since the date of separation, have you and your spouse lived together in the same home but not as husband and wife?

Yes
No

More info: Separated, but living under the one roof? It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

If you are applying for a divorce on your own, we will file an affidavits as required by the with the assistance of yourself.

If you and your spouse are applying together, each of you will file a separate affidavit. If only one of you is able to file an affidavit, then you should file an affidavit by an independent person (see above).

If you answered yes to question 16(a), give dates of each period you and your spouse lived together in the same home after separation. (day / month / year)
If relying on any period outlined here as part of the 12 months separation.The Court can only grant a divorce if it is satisfied that:

• a marriage has broken down irretrievably (permanently), and
• there is no reasonable likelihood of the husband and wife resuming married life.
This means that if there is any chance of you and your spouse living together again as husband and wife, the Court cannot grant a divorce.

To

From

To

From

17. Since the date of separation, have you and your spouse lived together as husband and wife?

Yes
No

If you answered yes to question 17, give dates of each period you and your spouse lived together as husband and wife.
(day / month / year)

To

From

To

From

18. Do you think it is likely that you and your spouse will live together again as husband and wife?

Yes
No

19. At the date of filing this application, is it less than two years since you married?

Yes
No

If you have been married less than two years and want to apply for a divorce, you must either:
• Attend counselling with a family counsellor or nominated counsellor to discuss the possibility of reconciliation with your spouse
• OR
• If you do not attend counselling, seek permission of the Court to apply for a divorce.

The two years is calculated from the date of the marriage to the date of applying to the Court for a divorce. You and your spouse must also be separated for at least 12 months before applying for a divorce.

For more information, see the Family court Website fact sheet ‘Have you been married less than two years?’..

Part E – Other court cases

20. Are there any current or pending cases in this or any other court about family law, child support, family violence or child welfare involving any of the parties and/or children listed in this application?

Yes
No

If yes, provide the following details for each current or pending case. Attach extra pages as required.

Court name and place

Next court date

Names of parties and/or children

Brief summary of current or pending case/s

21. Are there any existing orders, binding agreements, parenting plans or undertakings to a court about family law, child support, family violence or child welfare involving any of the parties and/or children listed in this application?

Yes
No

Please provide the following details for each item:

Court name and place (if applicable)

Date

Names of parties and/or children

Details of the order, binding agreement, parenting plan or undertaking

Attach scanned documents as required

Part F – Children

22. Are there any children currently under 18 who:

(a) are children of you and your spouse?

Yes
No

(b) were treated as members of your family when you and your spouse separated?

Yes
No

The Court can only grant a divorce if it is satisfied that:

• proper arrangements are made for all children currently under 18, or
• there are special reasons why the divorce should be granted even though proper arrangements for all the children are not made.

This means that you need to provide information about who lives, spends time and communicates with the children and about financial support, health and education for all children who are currently under 18 listed on the Application for Divorce.

A child of the marriage includes:

• any child of you and your spouse, including children born before the marriage or after separation
• any child adopted by you and your spouse, or
• any child who was treated as a member of your family prior to your final separation; for example, a step-child or foster child.

You must provide the information individually for each child; for example, child one, child two and so on.

If you cannot provide the information yourself, you should make all attempts to find out the information. For example, by contacting the person with whom the child is living. If you cannot provide the information requested, you should be prepared to tell the Court what attempts you have made to obtain the information.

Total number of children

If more than four, please indicate how many.

Please indicate how many

Please enter a value between 5 and 99.

23. Name of child

Child 1 – Name

Name of Child 1

Child 2 – Name

Name of Child 2

Name of children (3-4)

Child 3 – Name

Name of Child 3

Child 4 – Name

Name of Child 4

Date of Birth

Child 1 – Date of Birth

Date of Birth – Child 1

Child 2 – Date of Birth

Date of Birth – Child 2

Date of Birth (3-4)

Child 3 – Date of Birth

Date of Birth – Child 3

Child 4 – Date of Birth

Date of Birth – Child 4

Gender

Gender – Child 1

Male
Female

Gender – Child 1

Gender – Child 2

Male
Female

Gender – Child 2

Gender (3-4)

Gender – Child 3

Male
Female

Gender – Child 3

Gender – Child 4

Male
Female

Gender – Child 4

24. Name of Father If you are not the child’s birth or adoptive parent/s and do not know who the child’s birth or adoptive parent/s are, insert ‘not known’. You may need to provide the Court with more information.

Child 1 – Name of Father

Child 2 – Name of Father

Name of Father (3-4)

Child 3 – Name of Father

Child 4 – Name of Father

25. Name of Mother If you are not the child’s birth or adoptive parent/s and do not know who the child’s birth or adoptive parent/s are, insert ‘not known’. You may need to provide the Court with more information.

Child 1 – Name of Mother

Child 2 – Name of Mother

Name of Mother (3-4)

Child 3 – Name of Mother

Child 4 – Name of Mother

26. Who does the child live with? You need to indicate who the child lives with for most of the time. This may be one or both parents or some other significant person in the child’s life; for example, a grandparent or other relative

Child 1

Husband
Wife
Other (Please specify below)

Child 1

Child 2

Husband
Wife
Other (Please specify below)

Child 2

Child 3

Husband
Wife
Other (Please specify below)

Child 3

Child 4

Husband
Wife
Other (Please specify below)

Child 4

27. Child’s address
If the child lives at more than one address, please include both addresses. — Page H – Divorce Kit

If you have safety concerns, you do not need to disclose a residential address. Provide the address or addresses where the child lives for most of the time. If the child spends equal time or substantial and significant time with both parents, provide both addresses.

Child 1 – Other Address

Street AddressCityState / Province / RegionZip / Postal Code

Country

Child 2 – Other Address

Street AddressCityState / Province / RegionZip / Postal Code

Country

Child 3 – Other Address

Street AddressCityState / Province / RegionZip / Postal Code

Country

Child 4 – Other Address

Street AddressCityState / Province / RegionZip / Postal Code

Country

28. Current details for the child It is important that you provide current details about the child. You only need to provide a short statement. If you need more space, attach an extra page(s).

It is important that you provide current details about the child. You only need to provide a short statement. If you need more space, attach an extra page/s.

Time and communication with the child State the amount and frequency of time the child spends with the parent (or other significant person) with whom the child does not live. This time may be face to face, telephone, emails, letters or other forms of communication.

Time and communication with Child 1

Time and communication with Child 2

Time and communication with Child 3

Time and communication with Child 4

Financial support – state who pays for the costs of raising the child; include details of any child support or maintenance being:
• actually paid, or
• agreed, assessed or ordered to be paid and not being paid by any person with whom the child does not live.

Financial support for Child 1

Financial support for Child 2

Financial support for Child 3

Financial support for Child 4

Health Provide details of the child’s health and any diagnosis, treatment or ongoing medical needs.

Health of Child 1

Health of Child 2

Health of Child 3

Health of Child 4

Education State which school the child attends, the year level and how the child is progressing at school.

Education of Child 1

Education of Child 2

Education of Child 3

Education of Child 4

29. Do you plan to make any changes to these current arrangements? You should include details of any significant changes planned in the foreseeable future. For example, a change in living arrangements, schooling or financial support.

Child 1 – Do you plan to make any changes to these current arrangements?

Yes
No

Child 1

Child 2 – Do you plan to make any changes to these current arrangements?

Yes
No

Child 2

Child 3 – Do you plan to make any changes to these current arrangements?

Yes
No

Child 3

Child 4 – Do you plan to make any changes to these current arrangements?

Yes
No

Child 4

Attach extra pages providing details of significant changes planned.

List of children currently under 18

Name	Date of Birth	Gender

Family Name, Given Name . Day/ Month/Year . M/F

Check List

HAVE YOU:
Use the checklist to make sure you have done everything you need to do.
Tick if completed.

If you are applying on your own*

Answered all the questions that relate to you and your spouse?

If you are applying together*

Answered all the questions that relate to both of you?

If you have answered yes or no to ALL the boxes that apply to both you and your spouse about citizenship, residency and where you usually live.*

You may need to provide the Court with a copy of your Australian citizenship certificate, Australian passport or other proof of citizenship.

The details of your marriage date and place MUST BE entered exactly as they are shown on your marriage certificate. *

You will need to provide our office with a copy of your marriage certificate when we file your divorce application.

If your marriage certificate is not in English:

Please supply an English translation of it and an affidavit from the translator. If you have not done this please contact our office for assistance.

If you and your spouse have lived under the one roof for any time during the 12 month separation period

Provide us with you instructions to prepare affidavits on your behalf.

If it has been less than two years since you married

participated in the required counselling and attached the signed counselling certificate or prepared an affidavit?

If you have any other pending court cases or orders

Provided details of any other court cases or orders concerning you and your spouse or the children?

If you have children under 18

Provided information for each child currently under 18?

If you have more than four children

please contact our office

Call Today! Camden 46555366 · Wollongong 42298805 · Bowral 48613344

Divorce Solicitors

Part A – The Applicant(s)

Part B – Husband and Wife

Part C – Jurisdiction

Part D – Marriage and separation

Part E – Other court cases

Part F – Children

Check List

Camden office

Bowral Office

Wollongong Office

Related Sites

Sources

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