Anyone who’s dealt with family law issues knows the importance of correct documentation. Whether you’re submitting a divorce application or responding to one, filing the right forms—at the right time—is essential. Avoiding common mistakes can save you delays, added legal costs, and stress. This is especially true when completing divorce papers in Australia, where accuracy and proper filing are crucial.
In Australia, the Family Court requires key documents such as your marriage certificate when lodging divorce papers. We understand that divorce papers in Australia can be confusing, especially if you’re navigating the process for the first time. Let’s look at the common pitfalls to avoid and how to ensure your application is processed correctly.
Key takeaways
Property settlements may have incomplete disclosure and inaccurate valuations.
Divorce proceedings require eligibility documents and correct service of divorce papers.
Consequences of incorrect documentation can include delays or legal penalties.
Avoid the pitfalls by using the correct court forms and accessing legal advice.
Our clients attest to our ability to handle complex cases with extensive documentation.
Download our FREE Divorce Checklist for more information on what to do next.
Divorce application pitfalls to avoid
There are a lot of important considerations that parties should be aware of when applying for a divorce order through the Family Court, including preparing a valid divorce application, ensuring the marriage certificate is correctly submitted, being ready for a potential court hearing, and completing the correct divorce papers in Australia.
Parenting arrangements
Documents concerning parenting matters are a critical part of family law, as they directly impact the welfare of children. The Court’s primary concern is always the child’s best interests, and any submission—whether related to a divorce application, divorce papers in Australia, or parenting orders—will be assessed through that lens.
In the Federal Circuit and Family Court of Australia, parents must file their applications through the Commonwealth Courts Portal, ensuring all relevant documentation is accurate and complete. This includes correctly preparing divorce papers in Australia, especially when parenting matters are involved. Failing to meet these standards may delay proceedings or affect the outcome of a divorce order. So, what risks do parents face when making parenting applications?
Improper affidavits
Not enough detail. You may need to file an affidavit explaining circumstances, such as why you’re seeking parenting orders or applying for a divorce order. The Family Law Court wants to know the facts surrounding your case. Providing vague information won’t help clarify your situation and will weaken your case. If you’re an Australian citizen filing a divorce application, this is especially important.
Describing relevant events without including specific dates and times also makes the affidavit less compelling. All documents should be properly submitted through the Commonwealth Courts Portal.
Too much detail. It may seem like you’re walking a tightrope. How do you tread the line between too much information and too little? Overly descriptive affidavits are a common concern, especially for self-represented parties. The Court doesn’t need to know every minute detail. Also, repeating yourself for emphasis isn’t recommended. Lay out the information that’s directly relevant in a matter-of-fact tone.
Untruthful statements. An affidavit is a statement to the Court that you legally swear to be true. Under no circumstances must you ever knowingly claim something you know isn’t true on an affidavit. Stick to essential facts that you can support with evidence.
Property settlements
The first step in a property settlement is to fully disclose your financial position. This ensures that the settlement is fair by accounting for the entire marital pool. In family law, this requirement applies whether you’re filing a sole application or jointly. There are various pitfalls when making disclosure—for example, failing to provide a complete picture or neglecting to attach an affidavit explaining key financial details. If you’ve already filed divorce papers, you may also need to serve divorce papers on your former partner before property matters proceed.
Incomplete disclosure
Parties may not disclose all relevant assets. For example, failing to account for superannuation interests and liabilities such as credit card debt can have ramifications. Insufficient disclosure may be the result of an honest mistake or a deliberate attempt to hide assets. This can have added repercussions. As part of the application process, parties must hand over all the documents related to their circumstances, including sealed documents where appropriate.
If you’re filing a sole application, you may also need to seek permission from the Court in some cases or provide a counselling certificate. Failing to complete service altogether or omitting key documents can delay proceedings. If you’re an Australian citizen, you may be eligible for a reduced fee when lodging your application.
Inaccurate valuations
You may need to get certain assets valued. Getting an accurate value for super interests is crucial. Other assets such as artwork and collectibles may require specialist attention as well. Relying on valuations that were made a long time ago may skew the actual value of the property pool. It’s important to get a new valuation for the settlement.
As part of the application process, you may also be required to submit other documents, including a self-addressed envelope if documents are to be returned. If both parties live at the same address, extra care must be taken to ensure proper delivery. Accurate valuations play a key role in navigating the legal system, especially when financial support arrangements depend on a fair assessment of assets.
Application for divorce
When you apply for a divorce, the Federal Circuit and Family Court of Australia requires you to complete a standard divorce application. As part of the divorce process, you must also meet specific legal requirements, especially if you’re relying on Australian citizenship as part of your eligibility. When you apply to the Court, file online through the Commonwealth Courts Portal and pay the filing fee.
You may also need to provide evidence of service or include a signed acknowledgement if applicable. How can this go wrong? The legal process is straightforward, but there are some things to keep in mind—particularly when it comes to property division and ensuring all documents are properly completed and submitted.
Are you eligible?
If you’re an Australian citizen or have lived in Australia for at least a year, you should be fine. However, you may need to have access to documents, such as:
Citizenship certificate
Passport
Visa documentation.
Marriage certificate
If you were married overseas, your marriage certificate may be in a foreign language. The Court won’t accept a certificate that hasn’t been translated into English. You’ll need to include a certified translation and possibly have it signed by an authorised witness to meet the legal requirements. This is particularly important if you’re dealing with child custody matters or property division as part of your application. Failing to properly translate and serve documents can delay the process. Make sure you arrange service correctly and attend counselling where required—especially in cases involving children.
Serve divorce papers
You can make a sole or joint application for divorce. If you’re making an individual application, you must serve the divorce papers on your spouse. The process server must accurately record how the documents were served and correctly identify the respondent. A signed Acknowledgement of Service and an Affidavit of service by hand should be included with the divorce application.
If the server doesn’t know the respondent, they must also complete an Affidavit proving signature. If personal service isn’t possible, you may need to apply for substituted service. Failing to complete these documents will cause delays in the divorce process. Understanding the eligibility criteria is also essential—especially where child custody arrangements may be affected.
Court hearing
A court date is set for every divorce. A sole applicant must attend the divorce hearing if they have children under 18, as child custody arrangements will be considered during the divorce process. If you serve divorce papers as part of a joint application or sole application, you must ensure all documentation is complete and accurate.
When you attend, not having necessary documentation at hand may lead to the hearing being adjourned to a later date. Important documents may include your divorce application, a copy of parenting orders, and supporting affidavits. If service was an issue, you may also need to submit evidence of substituted service.
Potential consequences of incorrect documentation
There’s a variety of ways that improper documentation can affect your proceeding.
Delays
The Court may reject your application if there are inaccuracies in your divorce documents. This costs you time and extra legal costs. In family law, accuracy is essential—especially when the divorce process involves child custody matters, where the Court will closely examine your paperwork before making any orders.
Legal penalties
If you’re found to have misled the Court, you can face legal penalties. For example, if you conceal assets in your disclosure you can receive cost orders. This requires you to cover the legal expenses of the other party. In extreme cases, there may be the potential for a fine or jail time. Lying in an affidavit can lead to a perjury charge.
Adverse findings
The Court can deal with improper documentation by varying orders. In the divorce process, this can have serious consequences. A party may face a disadvantageous adjustment to a property division, especially if their divorce papers in Australia are incomplete or incorrect. In a family law parenting case, one spouse may receive reduced visitation rights or an order to complete a parenting course.
How do you ensure your documents are correct?
Here are some basic tips to help prevent you from making errors when completing divorce papers in Australia.
Use official divorce documents
The Family Court website provides the necessary documents to complete family law matters, including the correct divorce papers in Australia.
Divorce application. The divorce application is an online form that walks you through the process and necessary supporting documents.
Service documents. These are the necessary documents that should be served on the respondent.
Family law affidavit. This affidavit template is appropriate for providing information to the Court in any family law matter.
Application for consent orders. You can apply for consent orders for parenting and property matters.
Initiating application. You can use this form to pursue parenting and property orders through litigation.
Obtain legal advice
An experienced family law lawyer can help you complete your application correctly. They can ensure that you disclose your financial position accurately and prepare affidavits properly. This guidance is especially helpful when dealing with divorce papers in Australia, where accuracy and compliance with court requirements are essential.
What our clients say
Cherries’ well exceeded my expectations doing a fantastic job of creating an affidavit and supporting me at trial.
She was able to highlighting 4.5 years of 2 different court processes plus clearly explain in dot point the trauma I had been experiencing.
This was all done in 1.5 weeks.
I was concerned as I had her legal aid and had a lot of bad experiences in the past and I had always found it challenging to explain and help professionals understand such a complex case which had large amounts of documentation. I would highly recommend Cherries.
– Alira De Palma
We have extensive experience working with clients on complex family law cases. These cases often include considerable paperwork, including divorce papers in Australia that must meet strict court requirements. We are able to effectively prepare a case quickly, even if the case has extended for years. Our team ensures that your documentation will be accurate and ready for submission as soon as possible.
Conclusion
You don’t need to stress about the documentation necessary for a divorce. There are pitfalls to avoid which can have varying consequences—especially when it comes to divorce papers in Australia. However, with the right resources and professional assistance, you’ll be able to complete your case painlessly.
