Note: Same-sex couples whose marriages are recognised can access Australia's divorce system, regardless of when the marriage was solemnised. See Marriage equality in Australia on the Attorney-General's Department website.

Applications for Divorce (Same-sex couples) can not be completed online at this stage.

You can apply for divorce online using the interactive Application for Divorce form on the Commonwealth Courts Portal. There is no need to complete the form in this kit if you wish to eFile. You can also eFile certain accompanying documents.

For more information see the How do I... Register for the Commonwealth Courts Portal and eFile an application for divorce and the How do I... Apply for Divorce pages.

Using the Application for Divorce Kit

If you are unable to eFile your application, this kit provides the steps in applying for and obtaining a divorce and the application for divorce form. This kit is available in different formats so you or your lawyer, if you have one, can choose the most appropriate one for you.

Applications for Divorce are to be filed in the Federal Circuit Court and must be set out on one side only (single sided) of size A4 durable white paper of good quality. (Rule 2.01 of the Federal Circuit Court Rules).

Before you file your application you should ensure that you have read the detailed instructions and completed the checklist in the kit.

Fees

There is a filing fee for an Application for Divorce. Credit Card payments by visa or mastercard in person or by mail (please complete a credit card payment form). In some cases a reduced fee may apply; for example if you hold certain government concession cards or you can demonstrate financial hardship. For more information see the Family Law fees section.

Court attendance - see Step 7 of Part A of the Divorce Kit. You will be allocated a court date, but may not need to attend.

Outcome of hearing - see Step 8 of Part A of the Divorce Kit.

Attachment for additional children - The Application for Divorce includes details of four children.

If you have more than four children, use the Attachment for additional children form to provide details of additional children.

Once complete, fasten this attachment to the back of the Application for Divorce.

Accessing your orders

Once the divorce is granted it will be finalised one month and one day later unless a special order is made by the court to shorten that time. Your divorce order will be made available to you through the Commonwealth Courts Portal after the order has become final. The divorce order has an electronic seal and signature and is an original order. The court no longer posts hard copies of divorce orders. This divorce order is the only official and original record the court issues and is evidence that a divorce order has been made.

Divorce orders are available on the Commonwealth Courts Portal. If you are not registered, we can register you on the portal and provide you with access to your electronic file. If you have already registered but do not have access to your electronic file, we can provide you with access. Email us on registerme@comcourts.gov.au and provide your file number (if known), full name, date of birth and the name of the other party so we can verify your identity and proceed with the registration and/or provide access to your electronic file. For more information see How do I access orders.

Are you having trouble understanding legal words used in these forms?

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Are you having trouble understanding legal words used in these forms?

NOTE: LawTermFinder allows searches in the following languages: العربية | Arabic, 简体中文 | Simplified Chinese, 繁體中文 | Traditional Chinese,
한국어 | Korean, Español | Spanish, Tiếng Việt | Vietnamese.