Exploring Sole and Joint Applications
Going through a divorce can be one of life’s most emotionally challenging experiences. Whether the decision is mutual or not, understanding the legal steps ahead can ease some of the stress. One of the first decisions you’ll face in the divorce process is how to apply: sole or joint application.
At MCP Legal, we often guide clients through this decision and help them choose the most efficient and appropriate path for this situation. In this article, we’ll explain the key differences between a sole and joint divorce application, and what each option means for you.
A sole application means one spouse applies for divorce without the involvement or agreement of the other spouse at the time of filing.
Key Points:
– Only one party signs and submits the application
– The other spouse (the respondent) must be formally served with the divorce papers. The respondent has the opportunity to respond or contest the application (though most divorces are not opposed)
– If there are children under 18, the applicant must attend a court hearing to confirm appropriate parenting arrangements.
When is this option right?
A sole application is common when:
– One party wants a divorce and the other does not
– There is limited communication or cooperation between spouses
– A joint agreement cannot be reached at the outset
While more procedural steps are involved, a sole application is a valid and straightforward option for initiating divorce when joint cooperation isn’t possible.
A joint application means both spouses agree to apply for divorce together.
Key Points:
– Both parties sign the application and file it jointly
– There’s no need to serve documents to either party
– Typically, no court appearance is required unless there are issues around children or incomplete paperwork
– It’s general quicker and less adversarial
When is this option right?
A joint application is ideal when:
– Both spouses agree that the marriage has ended
– There is a cooperative relationship, even if separated
– Both parties want to keep legal costs and conflict to a minimum
Joint applications are usually more efficient and less stressful, especially if you’ve already resolved property or parenting arrangements.
The choice between a sole or joint divorce application depends on your personal situation. Ask yourself:
– Is my spouse willing to cooperate?
– Do we agree on getting divorced and on key issues like children or property?
– Will my spouse respond reasonably if I file alone
Whether you choose to proceed solo or together, legal advice can ensure that your application is filed correctly and that your rights are protected throughout the process
At MCP Legal, our family law team offers clear, compassionate guidance for both sole and joint divorce applications. We can assist with:
– Preparing and filing the divorce paperwork
– Serving documents if required
– Representing you in court hearings
– Addressing child custody and property division issues
If you’re considering divorce, we encourage you to book a confidential consultation with one of our experienced family lawyers. We’ll walk you through your options and help you take the next steps with confidence.
For more information, contact:
e: lawyers@mcpgroup.com.au
p: (03) 9620 2001
w: www.mcplegal.com.au
The information contained within this post does not constitute professional legal advice
