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.
NOTE: If you DO NOT have a credit/debit card you can buy a pre-paid debit card from various retail outlets 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 had previous family law proceedings, divorce is dealt with separately to parenting and property proceedings.
- Tick a box to confirm whether you are filing on behalf of a law firm or on your own behalf and select Continue the Confirm (if required).
- Read the eFiling obligations and tick the box to confirm you understand and agree to the eFiling obligations then select Confirm.
- Select Application for divorce from the drop down box then Continue.
- Select the appropriate court then Continue. If you are located in Western Australia it is important to select Family Court of Western Australia.
- Add in a title and a description so you can easily find the application when you save it and if you need to go back into it at another time then select Create then OK to confirm. Note: applications remain on the system for 90 days and are then automatically deleted for security purposes.
- Complete Step 1 Parts A - F - selecting Save at each page. When you have completed all the parts you should have green ticks against all the headings. If you don't, go back and check each page is complete.
- Select print preview to look at the document and check the contents. It is important to check the information in the application is correct at this stage before you lock the application at step 3.
- At Step 2 upload any required or additional documents. The documents to be uploaded will depend on how you answered the questions in Part A - F.
- At Step 3 select Lock and Continue - you are unable to make any changes once you have locked the application. The application will be deleted after 90 days if there is no activity.
- At Step 4 print the application. You will need to sign the Affidavit for eFiling Application (Divorce). If you are lodging a sole application just the applicant must sign the affidavit before a lawyer or a Justice of the Peace (JP). If you are lodging a joint application, both parties must sign the affidavit before a lawyer or a JP. The affidavit can be signed by both parties at the same time or separately, but both signatures must be witnessed by a lawyer or JP (if the signatures are witnessed at the same time it can be by the same lawyer or JP). If both parties are unable to sign the affidavit, then two affidavits can be uploaded together.
Helpful hint: It is important if you have your affidavit witnessed by a Justice of the Peace that the JP provides their JP number.
- At Step 5 upload the signed Affidavit for eFiling Application (Divorce). Note: just the Affidavit of eFiling is required, the application does not need to be uploaded again.
- At Step 6 download the brochure Marriage Families and Separation. This is a compulsory document that must be read by all parties. If you have filed a sole application you must include this document when you serve the documents on the other party.
- At Step 7 submit the application and pay the filing fee (if you did not apply for a reduction of fees at Q.1) then select the state and location where you would like the divorce to be dealt with. You will be required to attend if you lodge a sole application and there are children under the age of 18 years or you select you wish to attend at Q.2.
- Select a court date. All divorces are listed in court even if you are not required to attend. The dates provided here are the next available dates and cannot be brought forward.
- If you filed a sole application for divorce you are now required to serve a copy of the application and other associated documents on the respondent. Go to this link for more information. To print the application go to your file then select + Documents filed and select the PDF icon on the right hand side next to the document. If you filed a joint application you should provide a copy of the application to the other party for their records.
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.