Joint vs sole divorce application in QLD: which one do you need?

TL;DR: A joint divorce application is made by both of you together – it’s simpler, faster and there’s no one to “serve”. A sole application is made by one person, and the other party has to be formally served first. Most divorces are decided on the papers, so you usually won’t set foot in a courtroom either way. Not sure which fits you? Give us a call and we’ll point you in the right direction.

If you’ve decided to make the marriage officially over, you’ll hit your first fork in the road pretty quickly: do you apply for divorce jointly with your ex, or solo? That’s the joint vs sole divorce application question, and the answer shapes how the whole process runs. It sounds like a small thing, but it changes how the whole process runs – and how much hassle is involved. Here’s the plain-English version.

First up: what a divorce application actually is

A divorce just legally ends the marriage. That’s it. It doesn’t divide your house, your super or your savings, and it doesn’t sort out the kids – those are separate processes. So when we talk “joint vs sole”, we’re only talking about the application that ends the marriage, nothing else. (If there’s property to divide, read on – there’s a sting in the tail we’ll get to.)

Joint application: you apply together

A joint application is exactly what it sounds like – you and your ex apply as a team. Because you’re both on the application, there’s no need to formally “serve” anyone with papers, which cuts out a whole step. It’s the simplest, fastest and usually cheapest route.

It’s the way to go if you’re on reasonable terms and you both just want the divorce done without drama. You don’t have to be best mates – you just have to both be willing to sign.

Sole application: you apply on your own

A sole application is made by one person. Totally fine – you don’t need your ex’s cooperation to get divorced. The catch is that the other party (the “respondent”) has to be formally served with the divorce papers before things can move forward. That’s a legal step with its own rules, and it’s where a lot of DIY applicants come unstuck.

This is the right path if you’ve lost contact, you’re not on speaking terms, or your ex simply won’t engage. We arrange service and prepare the proof the court needs, so you’re not chasing it yourself.

Joint vs sole divorce application: which do you need?

Quick gut check. If you can both sit down (or even just exchange a few civil emails) and agree to sign, a joint application will save you time and money. If that’s not realistic – they’re unreachable, uncooperative, or you’d just rather not involve them – a sole application is your answer. There’s no “better” option; it’s about what’s actually workable for your situation.

Do you even need a lawyer for this?

You can technically do it yourself. But the bits that trip people up – getting service right on a sole application, the marriage certificate requirements, handling things when there are kids under 18 – are exactly the bits we handle every day. For a fixed fee, we prepare and file the whole thing so you’re not second-guessing a government form at 11pm.

What it costs

We keep it simple and fixed: a set fee for a joint application and a set fee for a sole one, plus the court’s filing fee. You can see the full breakdown on our divorce applications page – no hourly billing, no surprises.

One thing to sort before you divorce: your property

Here’s the sting we promised. The day your divorce is final, a clock starts – you’ve got just 12 months to apply for a property settlement. Miss it and you need the court’s permission to apply at all. So if there’s a house, super or savings to divide, get advice before or at the same time as your divorce. That’s our wheelhouse – see our family law property settlement page, and our guide on property in a divorce (and how to save thousands in transfer duty).

Not sure which one’s you? Just ask.

Honestly, this is a 5-minute conversation. Tell us your situation and we’ll tell you whether joint or sole makes sense – no charge, no pressure. Call 07 3088 7675 or drop us a line and we’ll point you in the right direction.

Frequently asked questions

Is a joint divorce application cheaper than a sole one?

Usually, yes – a joint application skips the service step, so there’s less work and no process-server cost. A sole application costs a bit more because the other party must be formally served. You can see both fixed fees on our divorce applications page.

Can I apply on my own if my ex doesn’t agree to the divorce?

Yes. You don’t need your ex’s agreement to get divorced – you make a sole application and have them served. They can’t “block” a divorce simply by refusing; as long as you’ve been separated 12 months, the court can grant it.

Do we have to go to court?

Usually not. Divorce hearings are generally decided “on the papers”, so most people never attend – especially for joint applications with no children under 18. We’ll let you know upfront if your matter is one of the rare ones that needs an appearance.

How long do we need to be separated before applying?

Generally at least 12 months. In some cases you can be “separated under one roof” and still qualify – tell us your situation and we’ll let you know where you stand.

Related reading

• Divorce Applications in Queensland – fixed-fee, joint or sole
• What happens to property in a divorce in QLD (the transfer duty hack)
• Family law property settlement – BFAs, consent orders & stamp duty