Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when your client is the sole applicant for a divorce and the parties are not applying jointly. This is the standard contested or unilateral divorce pathway, requiring formal personal service on the respondent. Open it at the retainer stage and follow it through to the divorce order and post-order limitation period advice.\n\nJurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Filed via the Commonwealth Courts Portal at the registry for the applicant's state or territory. This plan applies nationally across all Australian registries.\n\nThe Process at a Glance: The lawyer confirms statutory eligibility - at least 12 months separation, and that one party is an Australian citizen, ordinarily resident, or domiciled in Australia. If the parties lived under one roof during part of the separation period, a corroborating affidavit from a witness is required. The Application for Divorce is drafted and e-filed via the Commonwealth Courts Portal. Once filed and sealed, the application must be personally served on the respondent at least 28 days before the hearing (or 42 days if served outside Australia). A professional process server is typically engaged and an Affidavit of Service is filed to prove service. If children under 18 are involved, the section 55A care arrangements must be detailed in Part F of the application and court attendance is mandatory. Where no children under 18 are involved and the respondent does not oppose, the Judicial Registrar may assess the matter in chambers. The divorce order becomes operative one month and one day after it is made, after which the 12-month limitation period for property settlement and spousal maintenance claims begins to run.\n\nKey Legislation and Case Law: - s 48 (irretrievable breakdown as the sole ground for divorce, evidenced by 12 months separation), s 49 (separation under one roof: corroborating witness affidavit required), s 55A (proper arrangements for children under 18 - mandatory court attendance if children are involved), s 55(1) (divorce order becomes absolute one month and one day after the making of the order), s 44(3) (property and spousal maintenance applications must be commenced within 12 months of the divorce order becoming absolute). - personal service obligations under Rule 2.25 (minimum 28 days before hearing within Australia, 42 days if served overseas). If the marriage was of less than two years, a counselling certificate or leave of the court is required under s 44(1B).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Divorce - Sole Applicant (Australia) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for FAMILY_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Establish jurisdictional eligibility, execute VOI, verify the statutory 12-month separation period under the Family Law Act 1975, and gather foundational documentary evidence.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft the divorce application via the Commonwealth Courts Portal, address statutory anomalies through supplementary affidavits, and formally execute the required filing documents.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Formally eFile the application, secure a hearing date, effect personal service upon the Respondent within statutory timeframes, and file required Proof of Service affidavits.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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FLA s 55A - Registrar Must Be Satisfied About Arrangements for Children Under 18
Where the sole application discloses children of the marriage under 18 years, s 55A of the FLA requires the court (via the Judicial Registrar) to be satisfied that proper arrangements have been made for the care, welfare, and development of each child before granting the divorce.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Sole Applicant - Service Cannot Be Self-Effected
The sole applicant cannot serve their own divorce documents on the respondent. This is a fundamental rule of civil procedure reflected in the FCFCOA Rules 2021. The applicant must arrange for a third party to serve the documents, typically a commercial process server.
Additional complexities for sole applications:
For FLA s 49 (separation under one roof) corroboration affidavits and s 44(1B) short marriage affidavits - these are additional documents for filing with the application and do not replace the personal service requirement.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Online Filing - FCFCOA eCourt Digital Portal
The FCFCOA Commonwealth Courts Portal (CCP) is the digital filing system for all divorce applications. All sole applications must be initiated and lodged through the CCP.
Portal URL: https://www.comcourts.gov.au/ - practitioners should use an existing CCP account or create one before commencing the application.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Personal Service - Sole Applicant Pathway
In a sole divorce application, personal service on the respondent is mandatory. Key rules:
Note: consent service (where the respondent collects documents from the applicant's firm) is only available if agreed in writing and may have specific form requirements under the Rules.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Proof of Service Requirements
Following personal service, the applicant must file with the court:
1. Affidavit of Service (Divorce): sworn by the process server confirming the date, time, place, and manner of service, and identifying the respondent 2. Affidavit Proving Signature (Divorce): sworn by the applicant confirming that the signature on the returned Acknowledgment of Service belongs to the respondent
If the respondent refused to sign the Acknowledgment of Service:
Deadlines:
FLA s 44(3) - 12-Month Limitation for Property Orders After Divorce From the date the divorce becomes absolute (one month and one day after the order), the parties have 12 months to commence property settlement and spousal maintenance proceedings. This limitation must be communicated in writing to the client at the earliest opportunity - not just at the end of the matter.