11 Simple Steps When Filing for Divorce Online Today (Updated Guide)
Here are the 11 essential steps for filing for divorce online.
How to apply for a divorce?
Eligibility
You and your spouse must have been separated for at least 12 months to be eligible for a divorce in Australia, and:
Be an Australian citizen, or
Consider Australia to be your permanent home.
Have made Australia your primary residence for 12 months before your divorce submission.
When married for under two years, you must attend counselling and have a counsellor-provided certificate showing you have satisfied the requirement.
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Download our FREE All In One Divorce Checklist for a more detailed guide on the next steps.
Divorce Application Process
When you’re ready to submit your divorce case file online, ensure all the necessary documents are correct. Organise any additional documents you will need, including:
Your marriage certificate.
A certified translation of the certificate, if applicable.
A citizenship certificate or other proof of your and your spouse’s legal residency in Australia.
A counselling certificate if the marriage is less than two years old.
Evidence of your separation, if necessary.
Here are 11 simple steps that you can follow to file for divorce online
Register on the Commonwealth Courts portal. The registration process is straightforward.
Start a new file and select an application for filing for divorce online. Sole and joint divorces use the same online application.
Check the box confirming that you’re filing on your own behalf.
Make sure the information provided is correct at each step before saving and moving on.
Select print preview to review the completed online form.
Upload any supporting documents necessary for the application.
Choose lock and continue once you are sure the application has been filled out accurately.
Print the application from the Commonwealth Courts portal.
Joint applicants must both sign the affidavit for eFiling.
The signatures should be witnessed by a Justice of the Peace.
Joint applicants may sign separate Affidavits if needed.
As a sole applicant, only you need to sign the affidavit.
Upload the signed and witnessed affidavit.
Pay the filing fee and apply.
Sole or Joint Divorce Application Form
What does the Family Court of Australia say?
Australia’s Federal Circuit and Family Court has jurisdiction over the divorce process. They require parties to follow a strict application process before granting a divorce order. Filing online has become standard and convenient.
How to apply for divorce through a sole or joint application
There are different obligations between these options, and here, we will be going over the joint application process. If you can, joint applications are usually the best option to make the process as hassle-free as possible.
Let’s go through jointly applying for a divorce from start to finish.
Proof of separation
The Family Court must be satisfied that the joint applicants have been separated for at least 12 months to consider a divorce submission. This can be tricky because there is no certificate you can receive proving your separation began on a specific date.
Instead, you must be able to provide evidence of your separation. This can be done in various ways, including presenting evidence that you:
Keep separate financial accounts.
Do not attend social gatherings together.
Inform family and friends of the separation.
Informed government departments like Centrelink of the separation.
Separation under one roof
One of the best ways to prove you have separated is to live in separate residences. However, your separation may still be recognised even if you continue living in the same home. This situation is called ‘separation under one roof’.
While filing for divorce, you can demonstrate signs of your separation, even under the same roof. This could include:
There is no continuing sexual relationship (sleeping in separate bedrooms would support this).
You don’t share mealtimes with your spouse.
You maintain different friendship circles.
It may seem strange to continue living together if you intend to divorce. Still, the Court recognises there are reasons to do this. For example, it is common for one ex-partner to be less financially well off and have fewer resources available, making remaining in the home the only viable option.
The parties will need to complete an affidavit explaining how the relationship has changed after the separation.
Find your marriage certificate
Being unable to present your marriage certificate can cause many headaches. A ceremonial certificate isn’t acceptable. However, it can be replaced if you can’t locate it. Follow this link to the Queensland government’s guide to applying for a replacement: Queensland Government.
Just note that there is a nominal fee required to receive a replacement.
A foreign marriage certificate
When your marriage certificate is in a foreign language, it must be translated by someone certified by the National Accreditation Authority for Translators and Interpreters (NAATI). Once the translation is complete, the translator must fill out an ‘affidavit translation of marriage certificate’. This should be affirmed by an authorised witness, such as a Justice of the Peace. Attach it to the following:
The original marriage certificate.
The translated certificate.
Evidence of the translator’s qualifications.
This affidavit should be submitted along with the application.
Sole Application for Divorce
Sole applicants have unique considerations. They must serve the divorce papers on their spouse before submitting the application. This allows the other party to respond to the application.
Serving court documents
Serving documents on your ex-partner is critical before the final submission. You are not permitted to serve the documents yourself. You must use a third party who is over 18. The papers must also be served at least 28 days before the divorce hearing or 42 days prior if your spouse is overseas.
The service documents that the other spouse must receive are the following:
A sealed copy of the Application for Divorce with the Notice for Application for Divorce attached.
Affidavit for eFiling.
Marriage, Families and Separation brochure.
An Acknowledgment of Service (Divorce).
Any other document relevant to your divorce application.
Directions for your former spouse regarding what to sign and return to you.
Substituted service
Substituted service provides alternative ways to serve the papers when the usual service methods are unsuccessful. This may be due to various reasons, such as the other spouse avoiding service, being absent, or their whereabouts being unknown.
The Court wants you to exhaust all reasonable attempts first. Emphasis on reasonable. If your spouse is actively avoiding service, there’s only so much you can do. Document the efforts you made to satisfy the Court.
Methods of Substituted Service: Depending on the jurisdiction, substituted service can take various forms, including:
Service by Mail: Sending the documents to the spouse’s address.
Service by Publication: Publishing a notice in a newspaper circulated in the area where the person is believed to be.
Service on a third party: Leaving the documents with someone of suitable age who the Court believes will bring the documents to the spouse’s attention.
Service through Electronic Means: In some jurisdictions, service might be allowed through email or other electronic means, if it’s believed the authorised person will receive it that way.
Dispensation of service
The Court may waive a party’s requirement to serve divorce documents in exceptional circumstances. Before granting dispensation of service, the Court must believe you have made all reasonable attempts to contact the other party. The Court may dispense with service with or without further conditions.
Do you need legal assistance with your divorce? Our divorce lawyers are here to help.
Divorce hearing
All divorce proceedings have a hearing date set for them. Court dates may be conducted over the phone. Parties only need to attend the hearing under particular circumstances.
Sole applicants must appear at the hearing if they have a child of the marriage who is under 18 when they filed for divorce. The Court will want to know that you’ve made proper arrangements.
A joint applicant requested to attend the hearing.
One party has contested the divorce being heard in the other party’s absence.
The applicant is applying for substituted service or dispensation of service unless advised otherwise by the Court.
The respondent filed a Response to Divorce opposing the divorce application.
While the parties don’t need to attend a hearing in many circumstances, there are reasons it may be a good idea. Sometimes, the parties must provide additional information through an affidavit. These circumstances include the following:
Giving evidence to demonstrate separation under one roof.
You were married for less than two years.
Your circumstances have changed since you initially filed for divorce.
Court filing fee
You must pay the court fees before the Court will accept the divorce paperwork. The total cost is $1,125. However, you may be eligible for a reduced price of $375 if you have a valid government concession card, such as a health care card or pensioner concession card. If you are applying jointly, both parties must be eligible.
Applicants receiving Austudy, youth allowance, or ABSTUDY payments may also receive a reduced fee for anyone who can prove financial hardship. The government uses a three-part test to ascertain if the financial hardship concession applies.
Financial hardship
Parties suffering from financial difficulties may have fees on specific court processes waived or reduced. The three-part test to determine financial hardship is based on the applicant’s ability to pay the total cost without suffering financial hardship. The three-part test includes the following parts:
Income test
This assesses the applicant’s gross income against a threshold. Income sources may include:
Employment income.
Employer-provided fringe benefits.
Foreign income.
Rental income.
Paid parental leave.
Superannuation payments.
Income from shares and other investments.
If the applicant’s income exceeds the threshold, they may qualify for a fee reduction. The threshold varies by the applicant’s number of dependents.
Assets test
This evaluates the total value of the applicant’s cash and convertible shares or bonds. If the total value is less than five times the cost of the fee, the applicant will satisfy this test.
This test ensures that individuals with significant assets, even with a low income, do not unduly benefit.
Daily living expenses and liabilities test
This test determines your surplus income after accounting for your daily expenses and reasonable fortnightly liabilities. Your eligible expenses and liabilities are deducted from your fortnightly income after tax to determine your surplus income.
Affidavit Templates in Queensland (QLD)
If the Court requires additional information, you may need to include a sworn affidavit with your application. Any court document or written statement provided to the Court must adhere to strict formal standards to be valid.
The links below provide templates for various court forms that can guide how court documents should be laid out with appropriate wording.
Legal Aid – Sample Forms
Courts – Sample Forms
Frequently asked questions
How much does a divorce cost?
Divorce costs can vary widely. So much depends on the specifics of each divorce. Every divorcing couple must pay the court fee to submit the divorce application. Some may be able to get a reduced fee due to an exemption or financial hardship.
As far as legal representation is concerned, a lot depends on how the divorce proceeds. Hiring a family lawyer may cost around $1500 to $2500. But it can mean that unnecessary delays are avoided.
What else do I need to organise during a divorce?
Typically, couples will need to complete a property settlement to divide their assets. There are several ways to create a settlement. Binding financial agreements don’t include the Court. However, the parties must get independent legal advice to ensure they understand the agreement. Spouses can’t use the same lawyer. Court orders can be sought by agreement or through litigation. The Court will use a four-step process to assess the application.
Some parents can use an informal parenting plan. These aren’t legally enforceable. You need to ensure you’re able to work together so the plan won’t be challenged in the future. A court order may be more secure. The Court’s main concern when making parenting orders is the child’s best interests.
Can I get divorced in Australia if I was married overseas?
A country can’t simply end any marriage it wants. Australia must have the jurisdiction to end your marriage. If you’re not a citizen, show that you have resided in Australia legally for at least a year and plan on remaining here for the foreseeable future.
If your marriage certificate is in a foreign language, you’ll need to get a translation from an accredited translator before making the online divorce application. NAATI maintains an online directory to make the process as easy as possible.
What happens if a divorce application is made in two jurisdictions at once?
This is a tricky situation. Australia has a test to deal with issues like that. It’s called the ‘clearly inappropriate forum’ test. The test tries to ascertain which jurisdiction is better placed to handle the proceeding. Some factors considered include:
How long the parties have resided in each jurisdiction.
How much of their asset pool is held in each country.
The cost and availability of expert witnesses.
Where any children of the marriage are located.
Whether orders made in the other country would be recognised in Australia.
The ability of each jurisdiction to resolve the matter.
What resources are available if I have difficulties communicating?
Some clients have a hearing or speech impairment, or they may have difficulties speaking English. Legal Aid can organise an interpreter for clients who require assistance. Qualified interpreters can also be hired through NAATI. If you’re appearing in court, the registry staff may assist you in arranging suitable assistance.
What if I'm experiencing domestic violence?
First thing’s first, make sure you’re safe. You and your family’s welfare is the main priority. Go to the police if you’re in immediate danger. Reach out to community organisations for counselling or legal help.
Domestic and family violence can have a big impact during a divorce. The divorce process itself remains largely the same. You may avoid the counselling requirement for a short marriage. However, parenting and property arrangements can change. Evidence of domestic violence may impact that party’s custody rights. The Court may also make property adjustments to compensate for any damages. The 2024 amendment to the Family Law Act places greater emphasis on the economic impact of domestic violence.
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Conclusion
While it is possible to apply for a divorce as a sole applicant, a joint application generally makes the process much easier. While filing for divorce online is streamlined to make divorce applications as simple as possible, getting your submission airtight is vital to avoid later administrative headaches.
Legal help from an experienced family lawyer can be the difference between a simple submission and a drawn-out exercise in correcting easily avoidable mistakes.
Seek legal advice from our divorce lawyers to make what is already a difficult time as pain-free as possible. We’ve spent over ten years providing legal advice for all manner of family law cases.
If you need help with family law matters, contact us for a free discovery call.
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