Before you begin your application you must decide if you are applying for divorce by yourself or together with the other party. You can view the full details on the Federal Circuit Courts Website
If you are applying by yourself you must complete a Sole Application, if with the other party then you must complete a Joint Application
You (or the other party) must be able to answer YES to at least one of the following questions:
- Were born in Australia or have become an Australian citizen by descent.
- Are an Australian citizen by grant of Australian citizenship (a citizenship certificate will be required).
- Are lawfully present in Australia and intend to continue living in Australia. You must have been living in Australia for at least the last 12 months – evidence must be provided.
You must also be able to answer YES to the following:
- Has your marriage broken down and there is no reasonable likelihood that you will get back together?
- Have you been separated for 12 months and 1 day or longer?
- Do you have a marriage certificate?
Filing
Applications for divorce should be eFiled online using the Commonwealth Courts Portal. You will need access to a scanner, printer and visa or mastercard.
Please see the Federal Circuit Courts websites for more details
*Disclaimer – The above information was taken from the Court website as accurate in September 2021. If any changes are made by the court from that date they may not be reflected in this post.