What Is a Sole Divorce Application? What Do You Need To Know?

Divorce is a distressed ending of a committed relationship and creates a difficult time for all involved. Even where the separation has been a matter of time, divorce generates a significant lifestyle change and can be a source of stress. Moreover, it also involves the murky business of dividing up assets, a shift in familial relationships, and one or both partners departing from the family home. Involving the most recommended divorce separation lawyers can make the process easy and amicable for both parties.

On the other hand, a mutually agreed-upon divorce proceeding is only possible in some places. Herein, a sole divorce becomes the way. You have to contact the divorce separation lawyers to discuss the specifics of this divorce method. Before that, we have discussed all the crucial details associated with a sole divorce application.

Difference with a joint divorce application

The main difference between a joint and sole application lies in the inception of the process. In a joint application, the till-now-married spouses complete the submission document and sign an affidavit. When one spouse files for divorce – it becomes a sole application. It’s detailed and more complex than a mutual agreement.

In a joint application, the final decision from the court only remains after the document signing. On the other hand, another spouse will have to be contacted intently for a response after one spouse signs the divorce application in case of a sole application.

When should you go for the sole application route?

The best divorce lawyers in Perth will recommend going along with the joint application as it’s easier and requires fewer problematic steps. So, if you and your ex-partner are on friendly terms, it is best to file jointly for divorce.
However, if your spouse is less courteous and not contactable, then adopting the sole route will be necessary for you. Still, with our best divorce lawyers in Perth, the few extra steps wouldn’t prolong your freedom from the shackles of marriage.

Checking whether grounds for divorce exist

You must check your eligibility before filing a divorce application either way. The suitability is decided according to the Family law, which means that your marriage is broken down beyond any chance of mending, and you have been separated for at least 12 months.

If you were married for less than 2 years, the court would require documentation that proves you attended marriage counseling with your spouse. If you can’t do that, you must file an affidavit instead.

Process of applying for sole divorce

The process of applying for a sole divorce is detailed and requires specific documents, so it is better to call our most recommended de facto lawyers in Perth. We will help you in presenting your case and offering legal advice where required:

• You will need to provide a marriage certificate and proof of jurisdiction (passport, citizenship certificate, or visa) along with your application forms once you have substantiated your eligibility. If your marriage certificate is in a non-English language, then a certified translator must provide a translation and sign an affidavit.
• After you have compiled the needed paperwork, you must sign up in the Commonwealth Courts Portal and pay a filing fee. People receiving Centrelink aids or having financial problems (they must provide evidence) can apply for a reduced fee. You must sign (or e-sign) the divorce application and affidavit of e-filing before an authorized observer. After that, you can post these papers to your partner or deliver them by hand.

Suppose you can’t deliver them using either method. In that case, you must file an Application in a Proceeding, an Affidavit for a substituted service request (alternative method to manage the divorce), or total service dispensation.

Conclusion

When it comes to sole divorce law, ideally, Australian law requires you and your partner to be citizens or permanent residents. Even if you aren’t either, the court may find you eligible for divorce if you lived in Australia for a minimum of 12 months and were separated during that period. It’s best to hire the best de facto lawyers in Perth and make your sole divorce application successful.