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Application for Divorce

Page 1 of
7
APPLICATION FOR DIVORCE -
Form 3
Part AThe applicant/s
1. Who is/are
making this
application?
Husband Wife Husband and Wife together (joint)
HusbandWife
2a.
Do you want to
attend the
hearing?
It may be compulsory
for you to attend.
Page D – Divorce Kit
Yes No Yes No
2b. If yes, will you
need an
interpreter at the
hearing?
Yes No
If yes, state language and dialect:
Yes No
If yes, state language and dialect:
Part B Husband and Wife
HusbandWife
3. Family name as
used now
4. Full given names
5. Date of birth
(day / month / year)
/ / / /
6. Country of birth
7. If born outside
Australia, date
you started living
in Australia
(day / month / year)
/ / / /
8. What is your
occupation?
Client ID
File number
COURT USE ONLY
Filed at
Filed on
Court location
Court date
Filed in:
Federal Magistrates Court of Australia
Family Court of Australia
Family Court of Western Australia
Other (specify):
Court time
Note
: Applications for Divorce (and certain accompanying
documents) can now be electronically filed through the
Commonwealth Courts Portal (www.comcourts.gov.au). For more
information see the User Guide to eFiling Divorce Applications in
Family Law
, available at
w
ww.familycourt
.wa
Page 2 of
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9. Residential
address
If you have safety
concerns, you do not
need to disclose a
residential address.
Page C
Divorce Kit
State
Postcode
State
Postcode
Phone
( )
Phone
( )
10. Address for
service
Page D Divorce Kit
Same as residential address
Lawyer’s address (below)
Other address (below)
Same as residential address
Lawyer’s address (below)
Other address (below)
If you donot have a
service address for
your spouse and have
taken all reasonable
steps to find it, insert
‘not known’.
Page D Divorce Kit
State
Postcode
State
Postcode
Name of lawyer
(if applicable)
Name of law firm
(if applicable)
Lawyer’s code
(if applicable)
Phone
( ) ( )
Fax
( ) ( )
DX
Email
Part CJurisdiction
HusbandWife
11. Mark yes or no to
each statement
below
Page E Divorce Kit
The Husband/Wife:
(a) regards Australia
as his/her home
and intends to live
indefinitely in
Australia
Yes No Yes No
(b) is an Australian
citizen by birth or
descent
Yes No Yes No
(c) is an Australian
citizen by grant of
Australian
citizenship
Yes No Yes No
(d) ordinarily lives in
Australia & has
done so for 12
months
immediately
before filing this
application
Yes No Yes No
Page 3 of
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Part DMarriage and separation
12. Date and place of marriage on your
marriage certificate
(day / month / year)
Pages E & F Divorce Kit
Date / /
Town/city
Country
13. Full names of both parties as they appear
on the marriage certificate
Husband
Wife
14. Date of separation
(day / month / year)
Page FDivorce Kit
Date / /
15a. At the date of separation, did you regard
the marriage as over?
Page FDivorce Kit
Husband Yes No
Wife Yes No
15b. If you answered no to question 15(a), on
what date did you regard the marriage as
over?
(day / month / year)
Husband Date / /
Wife Date / /
16a. Since the date of separation, have you and
your spouse lived together in the same
home but not as husband and wife?
Yes No
16b. If you answered yes to question 16(a), give
dates of each period you and your spouse
lived together in the same home after
separation.
(day / month / year)
If relying on any period outlined here as part of the
12 months separation, go to Page F Divorce Kit.
From / /
to / /
From / /
to / /
17a. Since the date of separation, have you and
your spouse lived together as husband and
wife?
Yes No
17b. If you answered yes to question 17(a), give
dates of each period you and your spouse
lived together as husband and wife.
(day / month / year)
If relying on any period outlined here as part of the
12 months separation, go to Page G Divorce Kit.
From / /
to / /
From / /
to / /
18. Do you think it is likely that you and your
spouse will live together again as husband
and wife?
If yes, go to Page G Divorce Kit.
Yes No
19. At the date of filing this application, is it
less than two years since you married?
If yes, go to Page G Divorce Kit.
Yes No
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Part E Other court cases
20. Are there any current or pending
cases in this or any other court
about family law, child support,
family violence or child welfare
involving any of the parties and/or
children listed in this application?
Yes No
If yes, provide the following details for each current or pending
case. Attach extra pages as required.
Court name and place
Next court date / /
Names of parties and/or children
Brief summary of current or pending
case/s
21. Are there any existing orders,
binding agreements, parenting
plans or undertakings to a court
about family law, child support,
family violence or child welfare
involving any of the parties and/or
children listed in this application?
No
Yes, attach document/s
Yes, provide the following details for each item. Attach extra
pages as required.
Court name and place
(if applicable)
Date / /
Names of parties and/or children
Details of the order, binding
agreement, parenting plan or
undertaking
Part F Children
22. Are there any children currently under 18 who:
(a) are children of you and your spouse? Yes No
(b) were treated as members of your family when you and your spouse separated? Yes No
Page G Divorce Kit
If you answered no to both question 22 (a) and (b), go to Part G and remove pages 5-6
If you answered yes to either question 22 (a) or (b), indicate the totalnumber of children:
Family name Given names Date of birth
(day / month / year)
Gender
(M/F)
Child 1
/ /
Child 2
/ /
Child 3
/ /
Child 4
/ /
Page 5 of
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Child 1Child 2
23. Name of child
24. Name of father
Page H Divorce Kit
25. Name of mother
Page H – Divorce Kit
26. Who does the child
live with?
Page H Divorce Kit
Husband Wife
Other (specify):
Husband Wife
Other (specify):
Address 1
Husband Wife
Other (specify):
Address 1
Husband Wife
Other (specify):
State Postcode
State Postcode
Address 2
Husband Wife
Other (specify):
Address 2
Husband Wife
Other (specify):
27. Child’s address
If the child lives at more
than one address, please
include both addresses.
Page H – Divorce Kit
If you have safety
concerns, you do not
need to disclose a
residential address.
Page C Divorce Kit
State Postcode
State Postcode
28. Current details for
the child
Page H Divorce Kit
Time and
communication
with the child
Financial support
Health
Education
29. Do you plan to
make any changes
to these current
arrangements?
Page H Divorce Kit
Yes No
If yes, attach extra pages providing
details of significant changes planned.
Yes No
If yes, attach extra pages providing
details of significant changes planned.
Page 6 of
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Child 3Child 4
30. Name of child
31. Name of father
Page H Divorce Kit
32. Name of mother
Page H – Divorce Kit
33. Who does the child
live with?
Page H Divorce Kit
Husband Wife
Other (specify):
Husband Wife
Other (specify):
Address 1
Husband Wife
Other (specify):
Address 1
Husband Wife
Other (specify):
State Postcode
State Postcode
Address 2
Husband Wife
Other (specify):
Address 2
Husband Wife
Other (specify):
34. Child’s address
If the child lives at more
than one address, please
include both addresses.
Page H – Divorce Kit
If you have safety
concerns, you do not
need to disclose a
residential address.
Page C Divorce Kit
State Postcode
State Postcode
35. Current details for
the child
Page H Divorce Kit
Time and
communication
with the child
Financial support
Health
Education
36. Do you plan to
make any changes
to these current
arrangements?
Page H – Divorce Kit
Yes No
If yes, attach extra pages providing
details of significant changes planned.
Yes No
If yes, attach extra pages providing
details of significant changes planned.
Page 7 of
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Part G Affidavit of applicant/s
Do not swear or affirm this affidavit until:
1.you and your spouse have been separated for at least 12 months, and
2.you are with a person who is authorised to witness your signature.
If you are applying as a sole applicant, you only need to sign your part of the affidavit. You do not have to
ask or arrange for your spouse to sign his or her part of the affidavit.
If you are applying as husband and wife together, each person must sign their part of the affidavit. You may
do so at different times and before different witnesses or before the same witness at the same time.
Husband
I swear / affirm that:
1. I am the applicant.
2. I have read this application.
3. The facts of which I have personal knowledge
are true.
4. All other facts are true to the best of my
knowledge, information and belief.
Wife
I swear / affirm that:
1. I am the applicant.
2. I have read this application.
3. The facts of which I have personal knowledge
are true.
4. All other facts are true to the best of my
knowledge, information and belief.
Signature Signature
Place
Date / /
Place
Date / /
Before me (signature of witness) Before me (signature of witness)
Full name of witness (print name)
Full name of witness (print name)
Lawyer
Justice of the Peace
Other (specify):
Lawyer
Justice of the Peace
Other (specify):
Part H Lawyer’s declaration
If you are representing yourself for this application, you do not need to sign this part. However, make sure
you receive a copy of the information brochure ‘Marriage, Families and Separation’. Registry staff will
provide you with a copy when you file your application.
If a lawyer is representing you for this application, then your lawyer must give you a copy of the brochure
‘Marriage, Families and Separation’ and complete and sign the declaration below.
Igave the applicant/s a copy of the brochure ‘Marriage, Familiesand Separation’.
Signature of lawyer
Full name of lawyer:
Date: / /
FCWAF3_31 March 2010 V1
Notice of Application for Divorce
You only need tocomplete this notice if you have made a sole application. Once you have printed thename
and address of your spouse,attach this noticeto the front page of the Application for Divorce to be servedon
your spouse.
To (name of spouse)
Contact address (address for service)
TO THE RECIPIENT OF THIS NOTICE
In the attached application your spouse is applying for divorce. The Court has set down the hearing of
this application at the time and place shown on page one of the Application for Divorce.
What steps you need to take
1 You should sign, date and return the Acknowledgment of Service to the person who served the
Application for Divorce on you.
2 You should check the details given byyour spouse in the application to make sure they are correct to
the best of your knowledge. You should also carefully read the enclosed brochure ‘Marriage, Families
and Separation’. It sets out the legal and possible social effects of divorce and the services provided to
families by the Family Court and other government and community agencies.
3 If you want the divorce granted, you do not have to go to court or do anything else. A copy of the
divorce order will be made available to you, either by post or through the Commonwealth Courts Portal
(if you are a registered user) after the order has become final.
4If you want the divorce granted but disagree with facts in the application, you may file an affidavit.
You need to outline which facts you disagree with in the affidavit and attend the hearing.
5If you do not want the divorce granted, you must file a Response to Divorce. You need to outline the
reasons why you oppose the divorce in the Response to Divorce. You should attend the hearing. If you
do not attend, the Court may decide the divorceapplication in your absence.
In certain circumstances, you can apply to the Court in writing to appear by telephone. For example,
you live some distance from the Court, you have a illness or disability, the expense with attending or
safety concerns. For more information call 08 9224 8222 or toll free 1800 199 228 to speak to a Call
Centre Officer at the Family Court of Western Australia.
Response to Divorce
If you want to file a Response to Divorce, you need to file it at a family law registry:
if served in Australia – within 28 days of the application being served, or
if served outside of Australia – within 42 days of the application being served.
After filing the Response to Divorce with the Court, you must serve a copy of it on your spouse in
accordance with the rules of the Court. You can get a copy of this form fromwww.familycourt.wa.gov.au,
by calling08 9224 8222 or at your nearest family law registry.
Property and maintenance
If you want to apply to the Court about property or your own maintenance, you must file a separate
application within 12 months ofthe date the divorce becomes final. Otherwise, you will need the Court’s
permission to apply.
Principal Registrar Date
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