How to prepare a basic divorce application

Posted 21st October 2014 by Dirk Klicker

In this Blog, I discuss how to complete a basic divorce application.

You do not have to engage a divorce lawyer to prepare and file an application for divorce.

The Family Court is very strict. If you do not complete the divorce application properly, the Court may not make a divorce order.

However, divorce has significant financial and estate planning ramifications. If you are applying for a divorce, I highly recommend that you take advice from an experienced family lawyer.

Starting at our website located at www.beaconfamilylaw.com.au.

Go to our Links page.

Then go to the link to the Family Court of Western Australia.

Go to “Kits Forms and Brochures”.

Go to “Prescribed Forms”.

Click the Form 3 Application for Divorce. Then download the Word version.

Save a copy on your computer before you make any changes.

Tick the box labelled Family Court of Western Australia, unless you are filing in another court.

In paragraph 1, select the party filing the application. If you are filing the application together, tick the joint box.

If you are not filing a joint application, then I strongly recommend that you take independent legal advice from an experienced divorce lawyer.

In paragraph 2, tick if the parties want to attend the hearing. Parties may have to attend the hearing if there are children under 18 years.

If there are children under 18, then obtaining legal advice is highly recommended.

Enter the parties’ details in paragraphs 2 to 8.

Insert the parties’ residential addresses in paragraph 9

In paragraph 10, put the address for service. This is the address that you want to receive documents.

Tick the appropriate boxes in paragraph 11 to establish jurisdiction to file a divorce in Australia

Insert the details of the marriage and separation in paragraphs 12 to 19.

You need a copy of the marriage certificate to complete paragraphs 12 and 13.

If you completed paragraphs 15b, 16b or 17b then I highly recommend you take legal advice.

Insert details of other court cases, order or agreements in Part E.

In Part F, put details of the children.

It is important that you properly set out the care, welfare and development arrangements of the children.

The Court must be satisfied that appropriate arrangements for the children.

The Court will not make a divorce order if the arrangements for the children have not been satisfied.

In Part G, tick whether you intend to swear or affirm the affidavit. You must attend on a lawyer, justice of the peace or notary public to sign the affidavit.

Your lawyer shall complete the declaration in Part H.

If the application is joint, leave the last page blank.

If you have any questions about obtaining a divorce then send me an e-mail.

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