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Divorce Without Separation Agreement Template for Australia

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Key Requirements PROMPT example:

Divorce Without Separation Agreement

"I need a Divorce Without Separation Agreement document for filing in March 2025, involving an international marriage where my spouse has returned to New Zealand, and we have two children under 18."

Document background
A Divorce Without Separation Agreement in Australia is a standardized court application used when parties seek to legally end their marriage without having formalized their separation arrangements in a separate agreement. This document is filed with the Federal Circuit and Family Court of Australia and must demonstrate compliance with the Family Law Act 1975, particularly the requirement for 12 months' separation and irretrievable breakdown of the marriage. It's typically used when parties have separated but haven't formalized their separation terms, or when they prefer to handle property settlement and parenting arrangements separately from the divorce process. The application must establish the court's jurisdiction through Australian citizenship or residency requirements and includes crucial information about the marriage, separation, and any children under 18. Additional requirements apply for marriages less than two years old or cases involving international elements.
Suggested Sections

1. Court Details: Identifying information for the court registry where the application is being filed

2. Applicant Details: Full legal name, contact information, and address of the party filing for divorce

3. Respondent Details: Full legal name, contact information, and address of the other party to the marriage

4. Marriage Details: Date and place of marriage, including details from marriage certificate

5. Jurisdiction: Facts establishing the court's jurisdiction, including citizenship/residency status

6. Separation Declaration: Details of when and how separation occurred, including the required 12-month separation period

7. Marriage Certificate: Details of the official marriage certificate and translation if required

8. Service Requirements: Information about how the respondent will be served with divorce papers

9. Previous Court Cases: Declaration regarding any other court cases relating to the marriage

10. Signing and Declaration: Formal declaration of truth and accuracy of the information provided

Optional Sections

1. Children of Marriage: Required if there are children under 18 - details of children, living arrangements, and care considerations

2. Counselling Certificate: Required if filing less than 2 years from date of marriage - certification of attendance at counselling

3. Name Change Request: Optional section if either party wishes to revert to a previous name after divorce

4. Disability Requirements: Required if either party has special needs or requires assistance with court proceedings

5. Interstate Elements: Required if parties live in different states or territories within Australia

6. International Elements: Required if there are international aspects to the marriage or separation

7. Financial Hardship: Optional section for requesting waiver of court fees due to financial hardship

Suggested Schedules

1. Schedule 1: Marriage Certificate: Certified copy of the marriage certificate and translation if required

2. Schedule 2: Proof of Citizenship/Residency: Documentation proving Australian citizenship or residency status

3. Schedule 3: Separation Evidence: Any documentation supporting the claim of separation (if available)

4. Schedule 4: Service Documents: Affidavit of service or attempted service on the respondent

5. Schedule 5: Court Fee Documents: Documents relating to court fee payment or fee reduction application

6. Appendix A: Counselling Certificate: If marriage less than 2 years, certificate from registered counsellor

7. Appendix B: Translation Documents: Certified translations of any documents not in English

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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