The Application For Divorce form is a legal document that initiates the divorce process, allowing individuals to formally request the dissolution of their marriage. Completing this form is an essential first step in navigating the complexities of divorce proceedings. Ready to take the next step? Fill out the form by clicking the button below.
The Application for Divorce form is a crucial document in the legal process of dissolving a marriage. This form serves as the initial step for individuals seeking to formally end their marital relationship. It typically requires the inclusion of essential information such as the names of both spouses, the date of marriage, and the grounds for divorce. Additionally, the form may ask for details regarding children, property, and any existing agreements related to alimony or child support. Accurate completion of this form is vital, as it sets the stage for subsequent legal proceedings. Understanding the requirements and implications of each section can help individuals navigate the complexities of divorce more effectively. It is important to ensure that all information provided is truthful and comprehensive, as this will influence the court's decisions throughout the process.
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
A sole applicant – complete your column and as much of the other column as you can.
Joint 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
Usual occupation
Address for service in the Fiji Islands
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5.Basis of jurisdiction
MARK [x] EVERY BOX THAT APPLIES TO THE HUSBAND AND EVERY BOX THAT APPLIESTO THE 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
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?
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.
3
10.At any time after you separated, have you and your spouse resumed living together?
Yes PROVIDE THE FOLLOWING DETAILS
Period
From
/
to
months
days
11.Do you think it likely that you will live together again as husband and wife? No
12.Have you attempted reconciliation?
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)
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
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?
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:
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:
Any children of you and your spouse born before the marriage or after separation.
Children adopted by you and your spouse (or either of you with the consent of the other)
Any 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?
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.
I swear*/affirm* that:
•
I am the*/an* applicant;
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.
Signature of husband
PlaceDate
Signature of wife
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)
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
Filling out the Application for Divorce form is an important step in the divorce process. After you complete the form, you will need to file it with the appropriate court, which will initiate the legal proceedings. Ensure that all information is accurate and complete to avoid delays.
The Application For Divorce form is a legal document that initiates the divorce process. It outlines the reasons for the divorce and provides essential information about the marriage, such as the names of both spouses, the date of marriage, and any children involved. This form is typically filed with the court to formally request a divorce.
Generally, either spouse can file the Application For Divorce. However, there are some requirements that must be met:
When filling out the Application For Divorce, you will need to include:
To file the Application For Divorce, follow these steps:
Once the Application For Divorce is filed, the court will issue a summons to your spouse. This document informs them of the divorce proceedings. Your spouse will then have a specific period to respond to the application. If they do not respond, the court may proceed with a default judgment.
Yes, it is possible to change or amend the Application For Divorce. If you need to make changes, you typically must file a motion with the court. This motion should explain why the changes are necessary and provide the amended information. Always check with your local court for specific procedures.
While it is not required to have a lawyer to file the Application For Divorce, it is often advisable. A lawyer can help ensure that the form is completed correctly and that your rights are protected throughout the process. If you cannot afford a lawyer, consider seeking assistance from legal aid organizations in your area.
Incomplete Information: Many individuals fail to provide all the necessary details required in the form. This can include missing names, dates, or addresses. Omitting critical information can delay the process or lead to complications.
Incorrect Filing Fees: Some people do not verify the filing fees before submitting their application. Each jurisdiction may have different fees. Submitting the wrong amount can result in rejection of the application.
Not Following Local Rules: Each state has specific rules regarding divorce applications. Ignoring these can lead to mistakes. It’s essential to check local guidelines to ensure compliance.
Failure to Review the Document: Rushing through the application can lead to errors. Not reviewing the form before submission may result in overlooked mistakes. Taking the time to double-check can save time and stress later.
When filing for divorce, several forms and documents may be required to support your application. Each of these documents serves a specific purpose and helps to clarify the details of your case. Below is a list of common forms that you might encounter alongside the Application for Divorce.
Each of these documents plays a crucial role in the divorce process. It is important to complete them accurately and submit them in a timely manner to avoid delays. Seeking assistance from a legal professional can help ensure that you understand each form's requirements and implications.
The Application for Divorce form is similar to the Petition for Dissolution of Marriage. Both documents initiate the legal process of ending a marriage. The Petition outlines the reasons for seeking a divorce and requests the court to grant the dissolution. It typically includes information about the parties involved, their marriage, and any children. Like the Application for Divorce, the Petition must be filed with the court and served to the other spouse, ensuring both parties are informed of the proceedings.
Another comparable document is the Response to Petition for Divorce. This document is filed by the spouse who receives the Petition for Dissolution of Marriage. It allows the responding spouse to address the claims made in the Petition and to present their own requests regarding the divorce. Similar to the Application for Divorce, the Response must be filed within a specific time frame and serves to keep the court informed about both parties' positions in the divorce process.
Lastly, the Child Custody Agreement is another document that aligns with the Application for Divorce, especially when children are involved. This agreement details the arrangements for the care and custody of the children post-divorce. It addresses visitation rights, decision-making responsibilities, and child support. Similar to the Application for Divorce, the Child Custody Agreement is essential for ensuring that the best interests of the children are prioritized during the divorce process.
When filling out the Application For Divorce form, it's important to be careful and thorough. Here’s a list of things you should and shouldn’t do:
Understanding the Application For Divorce form can be challenging, and many misconceptions can lead to confusion. Here are nine common misunderstandings, clarified for better insight:
This is not true. Custody decisions are based on the best interests of the child, and both parents have equal rights until a court decides otherwise.
While having legal representation can be beneficial, it is not a requirement. Many people choose to file on their own, especially in uncontested cases.
Each state has its own requirements and forms for divorce. It’s important to use the correct form for your specific state.
Submitting an incorrectly filled form can lead to delays or rejection. It’s crucial to ensure all information is accurate and complete.
You can withdraw your application before the divorce is finalized. However, once the divorce is granted, it cannot be undone without a new legal process.
This form is primarily for initiating the divorce process. Asset division is typically handled later in the proceedings.
In some states, you can file for a no-fault divorce, which means you don’t need to provide a specific reason.
The timeline for a divorce can vary significantly depending on the complexity of the case and the court’s schedule. It can take weeks or even months.
You can still file for divorce even if your spouse does not agree. The court will handle the process, regardless of their stance.
By understanding these misconceptions, individuals can navigate the divorce process more effectively and with greater confidence.
When filling out and using the Application For Divorce form, it is essential to understand the process and requirements involved. Here are some key takeaways to consider:
By keeping these points in mind, individuals can navigate the Application For Divorce process more effectively.