Divorce is never easy — but when both parties agree it’s time to move forward, the process doesn’t have to be contentious.
A mutual divorce, also known as a collaborative or joint divorce application, allows separating couples to finalise their divorce amicably, with minimal stress and reduced legal costs. It’s a practical, efficient way to respectfully end a marriage when both partners are on the same page.
In this guide, we’ll walk you through what a joint divorce application involves, when it’s appropriate, and how to get started.
What Is a Mutual Divorce Application?
A mutual divorce application is when both parties in a marriage jointly apply to the Federal Circuit and Family Court of Australia (FCFCOA) to legally dissolve their marriage.
Unlike a sole application, where one party applies and serves the application on the other, a joint application is a collaborative and cooperative approach — reflecting the shared agreement that the marriage has ended.
To qualify for a divorce in Australia, you must prove an irretrievable breakdown of the marriage, demonstrated by 12 months of separation, with no reasonable chance of reconciliation.
Benefits of Applying Jointly for Divorce
1. Less Stress and Conflict
Joint applications often reduce tension. When both parties agree, there’s no need to serve documents or raise unnecessary conflict. This allows for a smoother, more respectful process — especially beneficial where children are involved.
2. Avoid Court Hearings
In most cases, joint applicants don’t need to attend the court hearing unless there are complex legal issues with the application or the court requires more information about children under the age of 18. This keeps the process efficient and cost-effective.
3. Shared Legal Costs
Mutual divorce allows couples to split the legal costs and reduce unnecessary court expenses. It can also form part of a broader collaborative divorce strategy, where both parties work together on parenting and financial matters.
4. Encourages Future Co-Parenting Harmony
A mutual divorce can lay the groundwork for a constructive co-parenting relationship, creating a more peaceful environment for children post-separation.
Do You Meet the Criteria?
Before lodging a joint divorce application, ensure you meet the eligibility requirements:
- You’ve been separated for at least 12 months (you can be separated under one roof);
- At least one of you regards Australia as your home and is an Australian citizen or ordinarily lives in Australia;
- You have a valid marriage certificate (translated in the proper form if not in English); and
- You agree that the marriage has broken down irretrievably.
The Joint Divorce Application Process
1. Prepare the Application Together
Both parties complete and sign a Joint Application for Divorce, which can be lodged online via the Commonwealth Courts Portal.
2. Upload Required Documents
You’ll need to upload:
- A copy of your marriage certificate;
- Translations (if applicable); and
- Any supporting documentation for complex circumstances (e.g. separation under one roof).
3. Pay the Filing Fee
A filing fee of $1,100 payable to the court (as of July 2024) applies. You may be eligible for a reduced fee if you meet certain criteria (e.g. financial hardship).
4. Wait for the Hearing Date
If no children under 18 are involved, the divorce hearing can usually proceed in the absence of the parties. The court will review your application and grant a divorce order if all requirements are met.
If children under 18 are involved and the court requires more information to be satisfied that proper arrangements have been made in all the circumstances for the care, welfare and development of the children, you may be required to attend a short hearing, though this is generally straightforward when both parties are cooperative.
5. Divorce Order Granted
Once approved, your divorce becomes final one month and one day after the order is made. You can download your divorce certificate from the court portal.
What If You’ve Been Married Less Than Two Years?
If your marriage lasted less than two years, you will generally need to:
- Attend marriage counselling to explore reconciliation, or
- Apply for special permission from the court to skip counselling (e.g. in cases of family violence)
We can guide you through this process and help prepare the necessary affidavit explaining your circumstances.
Can You Apply Jointly and Still Get Legal Advice?
Absolutely. A joint application doesn’t mean you can’t seek guidance. In fact, we strongly recommend getting legal advice — especially if:
- You have children;
- You’re negotiating a financial settlement;
- You’ve experienced domestic violence; or
- You want clarity on your legal rights and obligations, and process options.
At Ramsden Family Law, we’re here to support you in making informed decisions, even when the process is amicable.
When Mutual Divorce May Not Be Suitable
While joint divorce applications work well for many, they may not be appropriate if:
- One party doesn’t agree to the divorce;
- There’s difficulty in communicating;
- There are allegations of abuse or control;
- You’re unsure of the financial settlement process.
In these cases, a sole application may be more appropriate. We can help you determine the best course of action based on your circumstances.
Collaborative Divorce as a Complementary Process
A joint application often forms part of a broader collaborative divorce, where both parties also agree on matters like:
- Parenting plans;
- Property division; and/or
- Financial arrangements.
Our team of collaborative divorce specialists can help you structure an agreement that keeps you out of court and allows for a future-focused resolution through constructive dialogue.
Ramsden Family Law — Your Partner in Peaceful Divorce
Divorce doesn’t need to be a battle. With the right support, it can be a constructive step toward a brighter future.
For more detailed information on the divorce process and how we can assist you, please visit our dedicated divorce page here.
At Ramsden Family Law, we take pride in offering compassionate legal guidance that puts your wellbeing, your rights, and your future first.
Whether you’re ready to file jointly or simply need clarity on where to begin, we’re here to help.
Book your free 30-minute consultation today, and let us help you go through the process with confidence.
