Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when both parties to a marriage agree to apply for divorce together as joint applicants. This is the most streamlined divorce pathway - it eliminates the need for formal service, removes the mandatory court attendance requirement in most cases, and halves the individual costs burden. Open it at the retainer stage when both parties are cooperating and you need to manage the twin-party execution process.\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 at Queensland registries (Brisbane, Townsville, Cairns, or Rockhampton) via the Commonwealth Courts Portal. There are no forks in this plan.\n\nThe Process at a Glance: The lawyer first addresses ethical retainer configuration - confirming whether both applicants can be represented by the same firm or whether the co-applicant needs an independent solicitor. Statutory eligibility is confirmed: at least 12 months separation under section 48 of the Family Law Act, with Australian citizenship, ordinary residence, or domicile established for at least one party. If the parties have been married less than two years, a counselling certificate is required. The joint application is drafted collaboratively, with both parties providing sworn affidavits. If there are children of the marriage under 18 years, section 55A care arrangements must be addressed and the court must be satisfied those arrangements are proper. Because the application is joint, service is automatically dispensed with. The application is e-filed via the Commonwealth Courts Portal, assessed by a Judicial Registrar in chambers, and the divorce order is granted. The divorce becomes operative one month and one day after the order. The lawyer then advises both clients on the critical 12-month limitation period for property settlement and the one-year period for spousal maintenance applications.\n\nKey Legislation and Case Law: - s 48 (ground for divorce: irretrievable breakdown established by 12 months separation), s 49 (separation under one roof - requires corroborating affidavit), s 55A (court must be satisfied that proper arrangements have been made for children under 18 before granting divorce), s 55(1) (divorce order becomes absolute one month and one day after the order), s 44(3) (parties married less than 2 years must file a counselling certificate or apply for leave). - joint applications are filed via the Commonwealth Courts Portal. Property settlement claims must be commenced within 12 months of the divorce order becoming absolute under s 44(3) of the Act. Spousal maintenance applications are subject to the same 12-month limitation. Filing fees apply and concessions are available for eligible parties.
* 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 - Joint Application (Queensland) 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, confirm the mutual consent of both parties, and formally define the scope of legal representation to avoid professional conflicts.
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.
FLA s 48 - Sole Ground for Divorce
FLA s 48 establishes irretrievable breakdown of marriage as the sole ground for divorce in Australia. Irretrievable breakdown is established conclusively by proof of 12 months separation. There is no fault ground and no need to prove why the marriage ended - only that the separation has lasted 12 months and that there is no reasonable likelihood of cohabitation being resumed.
FLA s 49 - Separation Under One Roof FLA s 49 provides that parties may be 'separated' even while living in the same residence, provided the marriage has broken down and the parties have ceased to live as a couple. The court assesses the totality of the domestic circumstances.
FLA s 50 - Reconciliation Period Does Not Restart Clock FLA s 50 provides that a period of resumed cohabitation totalling no more than 3 months in aggregate does not restart the 12-month separation period. However, the 3 months is a cumulative cap - multiple short reconciliation attempts count together.
FLA s 39(3) - Jurisdictional Gateway At least one party must be: (a) an Australian citizen; (b) ordinarily resident in Australia and have been so for 12 months immediately before filing; or (c) domiciled in Australia. For joint applications both parties confirm their details, but only one needs to satisfy the gateway. Separation date must be agreed by both parties for a joint application - any dispute requires the sole applicant pathway.
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 joint application, secure required certificates, and negotiate Section 55A child arrangements to ensure complete consensus.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Secure both signatures on the eFiling affidavit, officially lodge the fully executed documents, and pay the filing fee on the Commonwealth Courts Portal.
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 44(3) - Short Marriage Counselling Requirement
FLA s 44(3) requires parties married less than 2 years (measured from date of marriage to date of filing) to file a counselling certificate from an approved family counsellor, or seek leave of the court. The certificate evidences attendance at counselling and genuine consideration of reconciliation.
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.
Joint Application - No Service Required
In a joint application under the Family Law Act 1975 (Cth) and FCFCOA Rules 2021, both parties are co-applicants. There is no applicant/respondent distinction and service is dispensed with by operation of the Rules - neither party serves or is served because both sign the application together.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
FLA s 55A - Proper Arrangements for Children
FLA s 55A requires the court to be satisfied that proper arrangements have been made for the care, welfare, and development of any child of the marriage under 18 before granting a divorce. In a joint application determined in chambers (no hearing), the Judicial Registrar relies entirely on the written material in Part F of 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.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
FCFCOA Filing Fees (as at 2025)
The FCFCOA divorce application filing fee as at 2025 is $940 for a standard application. Fees are indexed annually and practitioners should verify the current amount on the FCFCOA website before lodging.
Joint Application - No Service Required Under the FCFCOA (Family Law) Rules 2021, service is dispensed with for joint applications. Neither party needs to serve documents on the other. The application is assessed in chambers by a Judicial Registrar without a hearing (unless children under 18 are involved, in which case the s 55A hearing requirement applies).