There is a fee of $930 for filing an Application for Divorce with the Court. It is possible to have this fee reduced to $310 if, in the case of a joint application, both parties receive a qualifying pension, allowance or payment, or, in the case of a sole application, if the spouse making the application receives a qualifying pension, allowance or payment.
If both parties agree, a joint Application for Divorce can be made. If the application is joint, neither party is required to appear before the Court and there is no need to serve the Court documents on the other party. If one spouse does not agree to participate in a joint Application for Divorce, the other spouse can file a sole Application. In this case, the spouse making the application will have to arrange for someone to ‘serve’ the Court documents on the other spouse, where the Court documents are handed to the other spouse.
The spouse making the Application is not allowed to serve the Court documents on the other spouse. There are rules about when and how the Court documents must be served on the other spouse. If there are minor children of the marriage, the party making the application will be required to attend the Court hearing as the Court is required to satisfy itself that necessary arrangements have been made for the care of the minor children.