To electronically file or access court files on the Commonwealth Courts Portal a user must first register.
View You Tube video about registering and eFiling in the Commonwealth Courts Portal.
View You Tube video about eFiling in the Commonwealth Courts Portal.
Go to www.comcourts.gov.au to create your individual username and password .
What do I need to electronically file (eFile)?
You will need access to a scanner, printer and a visa or mastercard.
Helpful Hint: Did you know that you can purchase a reloadable prepaid Visa debit card from the post office for a nominal fee?
What are the circumstances when I cannot eFile?
Same-sex couples whose marriages are recognised can access Australia's divorce system if they meet the requirements for divorce under the Family Law Act 1975, regardless of when the marriage was solemnised. See Marriage equality in Australia on the Attorney-General's Department website and the Fact Sheet, Family Law implications of the recognition of same-sex marriages for further information.
Applications for Divorce (Same-sex couples) cannot be completed online at this stage. Please contact the National Enquiry Centre so we can provide information about what you can do.
How do I start eFiling the application once I am registered?
Make sure you have your marriage certificate and any other required documents scanned and saved on your computer where you can find them easily.
Select even if you have an existing file with the court. Divorce is dealt with separately.
Divorces are dealt with in the Federal Circuit Court of Australia. If you are in Western Australia select Family Court of Western Australia.
Step 1 - Complete Part A to Part F of the online interactive form. Save each Part as you proceed. When a Part is successfully completed a green tick will appear. Select print preview to read the application.
Step 2 - Upload the required and additional documents. See How do I apply for a divorce for more information on additional documents.
Step 3 - Once you are satisfied that the application is ready select Lock and Continue.
Step 4 - Print the application and sign the Affidavit for eFiling Application (Divorce) before an authorised witness. If you are filing a joint application both you and your spouse will need to sign the affidavit (this can be done separately).
Helpful hint: It is important if you have your affidavit witnessed by a Justice of the Peace that the JP provides their JP number.
Step 5 - Upload the Affidavit for eFiling Application (Divorce).
Step 6 - Print the Marriage Families and Separation brochure and select the check box.
Step 7 - Select a location where the application is to be heard. If you filed a joint application you are not required to attend court.
Step 8 - Select payment option then submit application.
Step 9 - After successful payment you will be prompted to select a date and time for the divorce hearing.
Step 10 - Print the document for service (sole application) or for you records (joint application).
All filed documents must be served on your spouse. If you do not know the whereabouts of your spouse you will need to apply to the court for a service order. For more information see the section What if I am unable to locate my spouse? in the How do I serve a divorce page.
Read the check list on the first page of your printed application for next steps.