Before You Begin

Before filing for divorce in Australia, make sure you meet the requirements:

Separated for at least 12 months

Valid marriage recognised in Australia

Jurisdiction (citizen, domiciled, or resident for 12 months)

Documents You'll Need

Essential:

Original or certified copy of your marriage certificate

Proof of identity

Application fee ($1,060 or $355 reduced)

If applicable:

Affidavit proving separation under one roof

Children's arrangements documentation

Step 1: Create a Commonwealth Courts Portal Account

Visit the Commonwealth Courts Portal at comcourts.gov.au. Create an account if you don't have one.

Step 2: Complete Form 1 - Application for Divorce

The online form will ask for:

Your details and spouse's details

Marriage information

Separation date

Children's details (if any)

Arrangements for children

Step 3: Upload Documents

Attach your marriage certificate and any other required documents.

Step 4: Pay the Fee

Pay online with credit card or debit card.

Step 5: Submit

Once submitted, you'll receive a court file number.

After Filing

Joint Application

Wait for your hearing date (usually 3-4 months). You may not need to attend.

Sole Application

Serve papers on your spouse within 28 days of the hearing (42 days if overseas). File the Acknowledgment of Service (Form 1A) when returned.

The Hearing

Hearings are brief (usually 5-10 minutes). If you must attend:

Dress respectfully

Arrive 15 minutes early

Bring photo ID

After the Hearing

The divorce order becomes final one month and one day after it's made. You'll receive a divorce order certificate.

Common Issues

- Missing marriage certificate: Order a certified copy from Births, Deaths, and Marriages

Can't find spouse: Apply for substituted service or dispensation

Children concerns: The court may request more information about arrangements

Filing a Divorce Application: Step by Step