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Divorce can be a challenging and emotional process, and navigating the paperwork involved is often one of the first steps. The Application for Divorce form is a crucial document that initiates the legal proceedings for ending a marriage. This form typically requires essential information, such as the names of both spouses, the date of marriage, and the grounds for divorce. Additionally, it may ask for details regarding any children involved, including custody arrangements and child support considerations. Filling out this form accurately is vital, as it sets the stage for the entire divorce process. It’s important to understand that while the form may seem straightforward, the information provided can significantly impact the outcome of the divorce. By taking the time to complete the Application for Divorce thoughtfully, individuals can help ensure that their rights and interests are protected as they move forward into this new chapter of life.

Common mistakes

  1. Incomplete Information: Many individuals fail to provide all required details, such as names, addresses, or dates. This can delay the process.

  2. Incorrect Filing Fees: Some applicants do not verify the correct fees. Submitting the wrong amount can lead to rejection of the application.

  3. Missing Signatures: It is common for people to overlook signing the form. A missing signature can invalidate the application.

  4. Failure to Check Residency Requirements: Applicants sometimes do not confirm if they meet the residency requirements of their state. This can result in dismissal of the case.

  5. Not Providing Accurate Financial Information: Incomplete or inaccurate financial disclosures can lead to complications in asset division.

  6. Ignoring Required Attachments: Some forms require additional documents, such as proof of marriage or separation. Failing to include these can cause delays.

  7. Using Outdated Forms: Individuals may use old versions of the application. Always check for the most current form to avoid issues.

  8. Not Seeking Legal Advice: Many people attempt to fill out the form without consulting a lawyer. This can lead to misunderstandings about rights and obligations.

Preview - Application For Divorce Form

Application for Dissolution of Marriage (Divorce) 1

FORM 1 Family Law Rules – r. 6.01

Please type or print clearly and mark [X] all boxes that apply. Attach extra pages if you need more space to answer any questions.

Filed in:

Family Division of the High Court Family Division of the Magistrates’ Court

Application by: husband alone wife alone

both parties jointly

COURT USE ONLY

File number: ___________________

Filed at: _____________________

Filed on: ______________________

Hearing —

Place:

Date:

Time:

Part A About the husband and wife

ƒA sole applicant – complete your column and as much of the other column as you can.

ƒJoint applicants – complete both columns.

HUSBAND

1.Full name as used now (including father’s name (“f/n”), if necessary for identification; surname underlined, if applicable)

2.Residential address

Phone

3.Usual occupation

4.Address for service in the Fiji Islands

(Mark one only)

Residential address, as above Postal, work or other address (insert):

_________________________________

Solicitor (insert particulars):

Solicitor’s name:

Firm name:

Address:

WIFE

Full name as used now (including father’s name (“f/n”), if necessary for identification; surname underlined, if applicable)

Residential address

Phone

Usual occupation

Address for service in the Fiji Islands

(Mark one only)

Residential address, as above Postal, work or other address (insert):

_________________________________

Solicitor (insert particulars):

Solicitor’s name:

Firm name:

Address:

2

5.Basis of jurisdiction

MARK [x] EVERY BOX THAT APPLIES TO THE HUSBAND AND EVERY BOX THAT APPLIESTO THE WIFE

HUSBAND

WIFE

Fiji Islands citizen

Currently lives and intends to live permanently in the Fiji Islands Ordinarily lives in the Fiji Islands and has done so for 12 months immediately before filing of this application

Part B About the marriage

Fiji Islands citizen

Currently lives and intends to live permanently in the Fiji Islands Ordinarily lives in the Fiji Islands and has done so for 12 months immediately before filing of this application

Provide the following information directly from your marriage certificate.

6.On what date, at what place and in which country did you get married?

DAY/ MONTH / YEAR

TOWN/CITY/LOCALITY

COUNTRY

/ /

7.Names as they appear on the marriage certificate

Husband

Wife

 

 

 

 

 

 

Part C About the break-down of the marriage and any reconciliation

You must have been separated from your spouse for not less than 12 months before you sign this application and file it with the Court.

8.When did you separate?

/ /

Day / Month / Year

9.Was the date you wrote at item 8 the date on which you regarded the marriage as over?

Yes

 

 

No

On what date did you regard the marriage as over?

HUSBAND

 

WIFE

DAY / MONTH / YEAR

DAY / MONTH / YEAR

 

 

 

/ /

/ /

You should be prepared to provide the Court with information about what happened or what was said on that date to show that one or both of you intended to end the marriage.

BRIEFLY DESCRIBE THE ATTEMPT

3

10.At any time after you separated, have you and your spouse resumed living together?

No

Yes PROVIDE THE FOLLOWING DETAILS

 

Day / Month / Year

 

Day / Month / Year

Period

 

From

/

/

to

/

/

months

days

From

/

/

to

/

/

months

days

11.Do you think it likely that you will live together again as husband and wife? No

Yes

12.Have you attempted reconciliation?

No

Yes

Part D About other Court cases and orders

Before the Court can decide your Application for Dissolution of Marriage, it needs to know:

13.Do you have proceedings for an order of nullity?

(Proceedings for dissolution of marriage will not proceed if proceeding for nullity is before the Court — s.33)

No

Yes

14.Are there any ongoing cases in this or any other Court on any other family law matters that involve any of the parties or any of the children listed on this Form?

No GO TO ITEM 16

Yes PROVIDE THE FOLLOWING DETAILS

 

 

 

Court name and place

Court file number

Next court date

 

 

 

/

/

Names of parties to application

Nature of proceedings

IF THERE IS MORE THAN ONE CASE, PLEASE ATTACH AN EXTRA PAGE, NUMBERING THE NEXT CASE ITEM 14, PAGE 2 AND SO ON.

4

15.Are orders already granted?

No GO TO ITEM 16

Yes EITHER attach a full copy of the order, parenting plan, agreement or undertaking OR set out details below (attach extra pages if you need extra space, numbering them Item 15, page 2, and so on)

Attached is/are copy/copies of the following (mark [X] the boxes that apply)

 

 

court order

undertaking

parenting plan

agreement

 

 

OR

 

 

 

 

 

 

 

GIVE THE FOLLOWING DETAILS:

 

 

 

 

 

 

Court name and place

 

Court file number

Date

 

 

 

 

 

 

 

/

/

Names of parties

Details of the order / undertaking / agreement / parenting plan

IF THERE IS MORE THAN ONE CASE, PLEASE ATTACH AN EXTRA PAGE, NUMBERING THE NEXT CASE ITEM 15, PAGE 2, AND SO ON.

Part E About the Children under 18

16.Are there any children of the marriage currently under 18? Include:

ƒAny children of you and your spouse born before the marriage or after separation.

ƒChildren adopted by you and your spouse (or either of you with the consent of the other)

ƒAny other child (including a child of neither of you) who was treated as a member of your family immediately before your final separation.

No GO TO PART F

Yes COMPLETE ITEMS 17 AND 18

17.Give the following details for each child:

 

Full name

M/F

Date of birth

Relationship to parties

Child 1:

 

 

/

/

 

Child 2:

 

 

/

/

 

Child 3:

 

 

/

/

 

Child 4:

 

 

/

/

 

Child 5:

 

 

/

/

 

Child 6:

 

 

/

/

 

Child 7

 

 

/

/

 

Child 8:

 

 

/

/

 

IF THERE ARE MORE CHILDREN, PLEASE ATTACH AN EXTRA PAGE, NUMBERING IT ITEM 18, PAGE 2.

5

18.The Court needs to determine whether the arrangements for your children are proper in all the circumstances. To assist the Court to do this, please set out below the arrangements for the children including details about their home, schooling, health, financial support (including any maintenance paid for them), their contact with each of their parents and any other matter you consider will assist the Court.

6

19. Do you propose any changes to the arrangements described in item 18?

No

Yes Please provide details, in relation to each child, of any significant changes that are planned – for example, changing residence, schooling arrangements or supervision:

7

Part F Affidavit of applicant(s)

PLEASE DO NOT COMPLETE THIS PART OF THE FORM UNTIL YOU ARE WITH A PERSON WHO IS LEGALLY ABLE TO WITNESS YOUR SIGNATURE – PLEASE DO NOT SIGN UNLESS IT IS AT LEAST 12 MONTHS SINCE THE DATE YOU SEPARATED.

You must complete the following affidavit. You must sign it in the presence of a Justice of the Peace, notary public or lawyer. The person witnessing the affidavit will fill in the place and date.

Both the husband and wife are to sign the affidavit ONLY if you are applying together. You may do so before different persons and at different times or before the same witness on the same occasion. If only one of you is applying for the divorce, only you are to sign the affidavit. You do not have to ask your spouse.

Husband

Wife

I swear*/affirm* that:

I swear*/affirm* that:

I am the*/an* applicant;

I am the*/an* applicant;

I have read this application;

I have read this application;

the facts of which I have personal knowledge are true; and

all other facts are true to the best of my knowledge, information and belief.

the facts of which I have personal knowledge are true; and

all other facts are true to the best of my knowledge, information and belief.

Signature of husband

PlaceDate

Signature of wife

PlaceDate

/ /

Before me (signature of witness)

/ /

Before me (signature of witness)

Full name of witness (please print)

Justice of the Peace/Commissioner for Oaths Notary

Lawyer

* Delete whichever is inapplicable

This application was prepared by:

applicant(s)

lawyer for applicant(s)

Full name of witness (please print)

Justice of the Peace/Commissioner for Oaths Notary

Lawyer

PRINT LAWYER’S FIRM NAME

Notice of Application — Dissolution of Marriage (Divorce)

Complete this notice if you are applying on your own, then pin the notice to the front of the copy of the Application for Dissolution of Marriage (Divorce) to be served on your spouse.

To (name and address of spouse)

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 1 of the Application for Dissolution of Marriage (Divorce).

WHAT STEPS YOU NEED TO TAKE AS THE RECIPIENT OF THIS NOTICE

1You should check the details given by your spouse in the attached application to make sure that they are correct to the best of your knowledge.

2You should sign, date and return the attached Acknowledgment of Service (Form 21) to the person who served the Application for Divorce.

3If you want the divorce to be granted, you do not have to file any other documents.

4If you want the divorce to be granted, but you disagree with facts contained in the application, you may file a Response (Marital Status Proceedings) (Form 4) and appear in person on the hearing date.

5If you do not want the divorce to be granted you must complete a Response (Marital Status Proceedings) (Form 4) asking for the application to be dismissed. You will need to set out grounds on which you seek the dismissal. You will need to file the Response with the Court:

if the application was served in the Fiji Islands, within 28 days after it was served; or

if it was served overseas, within 42 days of the application being served.

After filing the Response with the Court you must also serve a copy of it on your spouse. You can obtain instructions on how to serve it from the court registry.

You must come to the hearing. If you do not attend, the Court may determine the Application for Divorce in your absence.

PROPERTY AND MAINTENANCE

If you have not applied to the Court for orders about property or maintenance, you may do so by a separate application (Form 9 for applications relating to property only or to both property and maintenance; Form 5 for applications for maintenance only) within 2 years of the date the divorce becomes final. After that time you must obtain the permission of the Court to apply.

Signature of Registry Officer ______________________________Date

/

/

Documents used along the form

When filing for divorce, several additional forms and documents may be necessary to ensure the process runs smoothly. Each document serves a specific purpose and helps to clarify the details of the divorce proceedings. Here’s a list of commonly used forms and documents that often accompany the Application for Divorce.

  • Summons: This document notifies the other spouse that a divorce action has been initiated. It includes information about where and when the respondent must appear in court.
  • Financial Affidavit: A detailed account of each spouse's income, expenses, assets, and debts. This document is crucial for determining issues like alimony and division of property.
  • Child Custody Agreement: If children are involved, this document outlines the proposed arrangements for custody and visitation. It aims to serve the best interests of the children.
  • Parenting Plan: Similar to the custody agreement, this plan details how parents will raise their children post-divorce, including schedules, communication methods, and decision-making responsibilities.
  • Employment Verification: This form, which can be obtained from Top Forms Online, serves as a vital tool for employers to confirm the accuracy of a candidate's job history and qualifications.
  • Property Settlement Agreement: This outlines how marital assets and debts will be divided between the spouses. It addresses everything from real estate to personal property.
  • Certificate of Marriage: A copy of the marriage certificate is often required to verify the marriage before a divorce can be granted.
  • Service of Process Affidavit: This document confirms that the other spouse has been officially served with divorce papers, ensuring they are aware of the proceedings.
  • Notice of Hearing: This informs both parties of the scheduled court date for the divorce proceedings, allowing them to prepare accordingly.
  • Motion for Temporary Orders: If immediate decisions are needed regarding child support, custody, or spousal support, this motion requests temporary orders from the court.

Each of these documents plays a vital role in the divorce process. Understanding their purpose can help individuals navigate the complexities of divorce more effectively. It is always advisable to consult with a legal professional to ensure that all necessary forms are completed accurately and submitted on time.

Similar forms

The Petition for Dissolution of Marriage is a document that initiates the divorce process. Similar to the Application for Divorce, it outlines the reasons for the divorce and requests the court to grant a dissolution of the marriage. Both documents require information about the parties involved, including their names, addresses, and details about any children or property. The Petition serves as a formal request to the court, much like the Application for Divorce, and sets the stage for the legal proceedings that follow.

The Response to Petition for Dissolution of Marriage is filed by the non-filing spouse after receiving the Petition. This document is similar to the Application for Divorce in that it addresses the claims made in the original petition. The Response allows the non-filing spouse to agree or disagree with the terms proposed, such as custody arrangements or division of assets. Both documents are essential in the divorce process, as they ensure that both parties have an opportunity to present their positions to the court.

In the realm of property transfer, understanding legal documents is crucial, particularly the Quitclaim Deed form which facilitates the transfer of real estate ownership without warranty of the title. This form is especially useful in familial transactions or when uncertainties about a property's history are minimal. To learn more about preparing this important document, refer to the Quitclaim Deed form.

The Marital Settlement Agreement is another document that resembles the Application for Divorce. This agreement outlines the terms both parties have negotiated regarding property division, child custody, and support. While the Application for Divorce initiates the process, the Marital Settlement Agreement serves as a resolution of the issues raised in the divorce proceedings. Both documents reflect the intentions of the parties involved and are submitted to the court for approval.

The Child Custody Agreement is specifically focused on arrangements for children involved in a divorce. Similar to the Application for Divorce, it is a formal document that outlines custody and visitation rights. Both documents require detailed information about the parents and children, and they aim to ensure the best interests of the child are considered. The Child Custody Agreement is often submitted alongside the Application for Divorce to provide the court with a comprehensive view of the family dynamics.

The Financial Affidavit is a document that provides a detailed account of an individual's financial situation. Like the Application for Divorce, it is often required by the court during divorce proceedings. The Financial Affidavit includes information about income, expenses, assets, and liabilities. Both documents are critical for the court to make informed decisions regarding support and property division, highlighting the financial aspects of the marriage and the divorce process.

Dos and Don'ts

When filling out the Application for Divorce form, it is essential to approach the process with care and attention to detail. Below are seven important do's and don'ts to consider:

  • Do read the instructions carefully before starting the application.
  • Do provide accurate and complete information to avoid delays.
  • Do keep a copy of the completed form for your records.
  • Do check for any required signatures before submitting the form.
  • Don't leave any sections blank; fill in all required fields.
  • Don't use unclear or ambiguous language in your responses.
  • Don't submit the form without reviewing it for errors.

Following these guidelines can help ensure that your application is processed smoothly and efficiently.

Key takeaways

Filling out and using the Application For Divorce form is an important step in the divorce process. Here are some key takeaways to keep in mind:

  • Accuracy is crucial. Ensure that all information provided is correct to avoid delays in processing.
  • Provide complete details. Include all necessary information about both parties, including names, addresses, and marriage details.
  • Check local requirements. Different states may have specific rules or additional forms required, so be sure to verify what applies in your jurisdiction.
  • Consider legal advice. While it is possible to fill out the form without an attorney, consulting with one can help clarify complex situations.
  • File with the correct court. Submit the application to the appropriate court that handles divorce cases in your area.
  • Keep copies of everything. Retain copies of the completed form and any documents submitted for your records.

How to Use Application For Divorce

After obtaining the Application for Divorce form, you are ready to begin the process of completing it. This form requires specific information about you, your spouse, and the details surrounding your marriage. Ensure you have all necessary documents and information on hand before starting.

  1. Begin by filling out your personal information. This includes your full name, address, and contact details.
  2. Provide your spouse’s information in the designated section. Include their full name and contact details.
  3. Indicate the date and place of your marriage. This information is essential for the legal process.
  4. Specify the grounds for divorce. You may need to choose from a list of options or provide a brief explanation.
  5. List any children from the marriage. Include their names and birthdates.
  6. Detail any property or assets that need to be divided. This may include real estate, vehicles, and financial accounts.
  7. Sign and date the form at the bottom. Ensure that your signature is clear and legible.
  8. Review the completed form for accuracy. Make sure all information is correct and complete.

Once the form is filled out, you will need to file it with the appropriate court. Be prepared to pay any required filing fees and follow any additional instructions provided by the court.