The short answer is yes. The Family Law Act provides that an Application for Divorce can be filed jointly by a husband and wife.
An Application for Divorce can be filed once you have been separated for at least 12 months. You will need a copy of your marriage certificate and if you were married overseas and nit is not in English, you will have to have it translated by a certified translator.
If during the period of separation, you remained living under the one roof with your previous partner then you will need to provide the Court with evidence by filing an Affidavit from yourself and a third party that regularly attended your home or had knowledge of your separation, that you did not cook, clean, share financials or resume a sexual relationship during that period with your spouse.
If a Joint Application for Divorce is made, only one filing fee is paid. Couple usually share that cost.
One of the advantages of making a Joint Application is that you do have to serve the document on the other party – the Court accepts that they know about it, because it’s a joint application.
Another advantage is that neither of you have to go to Court/Zoom/telephone for the Divorce hearing, even if you have children.
If the marriage was less than two (2) years then the parties must attend counselling and provide the Court with the counselling certificate.
If there are children, the court will require information surrounding the arrangements for the children, such as living arrangements, education, health and if child support is being paid.
On the other hand, if you file a sole Application for Divorce, the Application will need to be served on the other party and the court if there are children under the age of 18 years of age, then the person filing the Application for Divorce will need to attend court.
So, it’s fairly straightforward. But a word of warning – if you and your partner want a lawyer to prepare your Joint Application for Divorce, they will do that, but neither of you can use that lawyer if issues later arise about children and/or property. That’s because there’s a conflict of interest – one lawyer isn’t allowed to act for both parties.