Background The Family Law Courts are undertaking a number of initiatives in relation to electronic filing.

One of these is the online divorce form; another is the provision for data transfer via XML. XML is a standard for transferring data between two computer systems; in this case the data would be transferred from software used by a legal practitioner directly to the Courts systems. Data may be transferred via XML from any source, including software not under the Courts direct control (as in the case of software written for use by legal practitioners). This document is a proof of concept for the XML services, and a reference application for filing divorces via the XML process. It is not intended to be used as is but rather to form a basis for work by other organisations. This form is not suitable for filing over the counter. If you intend to file manually, you should download and complete the appropriate form from www.familylawcourts.gov.au. XML Services available There are two XML services currently available: Unauthenticated XML services are intended for users to check the validity and internal consistency of their data. It parses and validates any supplied XML stream and reports on the results. Use the TestXML macro to interact with this service. Running the macro will result in the data from this document being passed to the Commonwealth Courts Portal server as an XML stream which is parsed and validated, and any data entry issues reported. The second XML service requires authentication by the user, and is intended for users wanting to file an application in the Family Law Courts. In this document you would use the SendXML macro to interact with this service. Using the macro will result in the data from this document being sent to the Commonwealth Courts Portal as an XML stream, where it is validated and, if the validation is successful, filed in the Court. Using this document NOTE: This document (including macros) is provided as a sample and is intended to be used as the basis for further work. The Family Law Courts accept no responsibility for any consequences of its use or misuse. If you are a precedent provider wanting to customise the form to your own or your customers requirements, you MUST retain the fields as they are in this document, together with the accompanying bookmarks. You can modify the layout to suit your needs, but the data collected must be the same and it must be tagged in the same way. Alternatively, if you plan to submit via XML, the schema MUST match that produced by the SendXML macro and the XML must be POSTed to https://www.comcourts.gov.au/direct_uploader/process_xml. However the XML is prepared and sent, once it is validated for processing there is interaction with the user to collect additional required documents, to arrange credit card payment (if required) and to organise the First Return Date.

This sample operates using Word macros and by automating Internet Explorer. This is not a requirement, so long as the XML produced is of the same format and is sent to the same address. If you are a precedent provider writing software for legal practitioners use, then your application should currently produce a completed divorce form ready for filing. A simple approach would be to ensure the form you produce also has the fields bookmarked as they are in this document and that the macros are also available. The practitioner could then file the form by running the SendXML macro. The best way to gain familiarity with the processing is to fill out this form and use TestXML to see what happens when different data is entered. However, the SendXML macro should NOT be used for testing. It will file data, for which you are responsible, in the Family Law Courts. Validity checks Validity checks are done on the Portal servers, however as this document is a bare bones approach, no validity checking is done at the document level. All validity checks are done by checking the XML stream sent. If the value in a field is not acceptable when the XML is uploaded you will be advised of this and a list of suitable values provided which can be copied and pasted into the document. To use this sample application as a data entry form, you would: 1. Complete it electronically. Where particular values are required, use TestXML from the File menu to find acceptable values. This option also advises you of additional documents you will need to support your application at the time of filing. 2. Once it is complete, save a copy for your records. 3. Use SendXML on the file menu to file the application. 4. You will be asked to provide one or more additional documents. Which documents are to be requested is determined by answers to questions in the form. 5. The application placed on file will be a system-generated version of your completed application form, sealed to verify its authenticity. It will not be in the same format as this document. Commonwealth of Australia through the Family Court of Australia 2009 Conditions of Use
The information and data in this document and in the XML schema it contains is provided solely to assist in the development of electronic filing in the Family Law Courts. By using the information and data, you indicate your agreement to these conditions of use. In the event that you do not agree with any of the conditions, you must refrain from using the information and data. The information and data are made available as is. The Commonwealth does not warrant that the information or data are accurate, complete, current or suitable for any particular purpose. It does not warrant that this or any other use of the information and data will not infringe the intellectual property rights of any other person. It is the users responsibility to assess the suitability of the information and data for any particular purpose and to take appropriate and adequate precautions and to ensure that it is free of viruses or other contaminations that may interfere with or damage the user's computer system, software, data, commercial information or privacy. The liability of the Commonwealth for breach of any statutory warranty is limited to the replacement of the information and data. The Commonwealth and those involved in preparing the material in the information and data disclaim all other liability for all loss, damages, expense and costs incurred by any person as a result of accessing, using or relying on the information and data. The user accepts that disclaimer. Where the information and data are embodied in whole or part in any other material, the Commonwealths copyright in them is to be acknowledged. These Conditions of Use also apply to and in relation to any such subsequent or derivative use.

Preliminary
All applications for Divorce must be accompanied by a copy of a marriage certificate or alternately an affidavit explaining why one is not available. As you are filing the application electronically, you must have a copy of this document ready to upload before proceeding. In addition, if your Marriage Certificate is written in a language other than English, you must supply a translation of the Certificate from an authorised translator. Do you have a copy of your Marriage Certificate ready to upload? Is your Marriage Certificate written in English? Yes No Yes No

How will you be paying for this application? Credit Card If you are applying for an exemption, please supply a reason for the exemption: If this application is in relation to an existing file, enter the file number here NOTE: 1 After entering an existing file number, this document will connect to the Commonwealth Courts Portal and populate the form with the relevant detail, providing you have access to that information.. 2 The details of the parties you add to the application that are already on file will not be updated with data you enter here.

APPLICATION FOR DIVORCE

Jurisdiction: Federal Magistrates Court of Australia Court location

Part A
1. Who is/are making this application?

The applicant/s
Husband Wife Joint (both Husband and Wife)

Husband

Wife

1a. Who is completing Legal Representative for Husband Legal Representative for Wife this form? NOTE: If you are a legal representative acting for a client, the service address for
your client will be taken to be your address..

Husband
2a. Do you want to
attend the hearing?
It may be compulsory for you to attend. Page D Divorce Kit

Wife
No Yes No

Yes

2b. If yes, will you need an interpreter at the hearing?

Yes No If yes, state language and dialect:

Yes No If yes, state language and dialect:

Part B
Party ID (if a party to a previously existing file) Family name as used now Full given names Date of birth
(day / month / year)

Husband and Wife

Husband
/ /

Wife
/ / / /

3. 4. 5. 6. 7.

Country of birth

If born outside / / Australia, date you started living in Australia

(day / month / year)

8.

What is your occupation?

9.

Residential address Address line 1

If you have safety concerns, you do not need to disclose a residential address. Page C Divorce Kit

Address line 1 Address line 2 Suburb Postcode State

Address line 2 Suburb Postcode State

Country Phone () 10. Address for service Same as residential address Lawyers address (see below)
If you do not have a service address for your spouse and have taken all reasonable steps to find it, insert not known in Address line 1. Page D Divorce Kit

Country Phone () Same as residential address Lawyers address (see below) Other address (below) Address line 1 Address line 2 Suburb Postcode State Country

Other address (below) Address line 1 Address line 2 Suburb Postcode State Country

Part C
11. Mark yes or no to each statement below
Page E Divorce Kit

Jurisdiction
Husband Wife

The Husband/Wife: (a) regards Australia as his/her home and intends to live indefinitely in Australia (b) is an Australian citizen by birth or descent (c) is an Australian citizen by grant of Australian citizenship (d) ordinarily lives in Australia & has done so for 12 months immediately before filing this application Yes No Yes No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Part D

Marriage and separation

Date Town/city Country / /

12. Date and place of marriage on your marriage certificate (day / month / year)
Pages E & F Divorce Kit

13. Full names of both parties as they appear on the marriage certificate 14. Date of separation (day / month / year)
Page F Divorce Kit

Husband Wife Date

/ /

15a. At the date of separation, did you regard the marriage as over?
Page F Divorce Kit

Husband Wife Husband Wife Yes

Yes Yes

No No

15b. If you answered no to question 15(a), on what date did you regard the marriage as over? (day / month / year) 16a. Since the date of separation, have you and your spouse lived together in the same home but not as husband and wife? 16b. If you answered yes to question 16(a), give dates of each period you and your spouse lived together in the same home after separation. (day / month / year)
If relying on any period outlined here as part of the 12 months separation, go to Page F Divorce Kit.

Date / / Date / / No

From to From to

/ / / / / / / /

17a. Since the date of separation, have you and your spouse lived together as husband and wife? 17b. If you answered yes to question 17(a), give dates of each period you and your spouse lived together as husband and wife.
(day / month / year) If relying on any period outlined here as part of the 12 months separation, go to Page G Divorce Kit.

Yes

No

From to From to Yes

/ / / / / / / / No

18. Do you think it is likely that you and your spouse will live together again as husband and wife?
If yes, go to Page G Divorce Kit.

19. At the date of filing this application, is it less than two years since you married?
If yes, go to Page G Divorce Kit.

Yes

No

Part E

Other court cases

20. Are there any current or pending Yes No cases in this or any other court If yes, provide the following details for each current or pending case. about family law, child support, Attach extra pages as required. family violence or child welfare involving any of the parties and/or children listed in this application? Court name and place Next court date Names of parties and/or children / /

Brief summary of current or pending case/s

21. Are there any existing orders, binding agreements, parenting plans or undertakings to a court about family law, child support, family violence or child welfare involving any of the parties and/or children listed in this application? Court name and place (if applicable) Date Names of parties and/or children Details of the order, binding agreement, parenting plan or undertaking

No Yes, attach document/s Yes, provide the following details for each item. Attach extra pages as required.

/ /

Part F

Children

22. Are there any children currently under 18 who: (a) are children of you and your spouse?
Page G Divorce Kit

Yes

No Yes No

(b) were treated as members of your family when you and your spouse separated?

If you answered yes to either question 22 (a) or (b), indicate the total number of children: Family name Child 1 Child 2 Child 3 Child 4 Given names Date of birth
(day / month / year)

Gender
(M/F)

/ / / / / / / /

Child 1
23. Name of child 24. Name of father
Page H Divorce Kit

Child 2
Wife Husband Wife

Husband

25. Name of mother

Page H Divorce Kit

26. Who does the child live with?

Page H Divorce Kit

Other (specify): Address 1 Husband Wife Other (specify): Address line 1 Address line 2 Suburb Postcode State Country Address 2 Husband Wife Other (specify): Address line 1 Address line 2 Suburb Postcode State Country

Other (specify): Address 1 Husband Wife Other (specify): Address line 1 Address line 2 Suburb Postcode State Country Address 2 Husband Wife Other (specify): Address line 1 Address line 2 Suburb Postcode State Country

27. Childs address

If the child lives at more than one address, please include both addresses. Page H Divorce Kit If you have safety concerns, you do not need to disclose a residential address. Page C Divorce Kit

28. Current details for the child

Page H Divorce Kit

Time and communication with the child

Financial support

Health

Education

29. Do you plan to make any changes to these current arrangements?

Page H Divorce Kit

Yes

No

Yes

No

If yes, please provide details of significant changes planned.

If yes, please provide details of significant changes planned.

Child 3
30. Name of child 31. Name of father
Page H Divorce Kit

Child 4
Wife Husband Wife

Husband

32. Name of mother

Page H Divorce Kit

33. Who does the child live with?

Page H Divorce Kit

Other (specify): Address 1 Husband Wife Other (specify): Address line 1 Address line 2 Suburb Postcode State Country Address 2 Husband Address line 1 Address line 2 Suburb Postcode Wife Other (specify):

Other (specify): Address 1 Husband Wife Other (specify): Address line 1 Address line 2 Suburb Postcode State Country Address 2 Husband Address line 1 Address line 2 Suburb Postcode Wife Other (specify):

34. Childs address

If the child lives at more than one address, please include both addresses. Page H Divorce Kit If you have safety concerns, you do not need to disclose a residential address. Page C Divorce Kit

State Country 35. Current details for the child

Page H Divorce Kit

State Country

Time and communication with the child

Financial support

Health

Education

36. Do you plan to make any changes to these current arrangements?

Page H Divorce Kit

Yes

No

Yes

No

If yes, please provide details of significant changes planned.

If yes, please provide details of significant changes planned..

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