You can apply for a divorce online through the Commonwealth Courts Portal at www.comcourts.gov.au. The application for divorce online interactive form can be filled in when you are logged into your account in the portal. You can make either a sole or joint application. The form is composed of Parts A to F.
As you complete the application, save each part when you finish it. You will see a green tick when you successfully complete each part. When you apply for divorce online, you need to upload required documents, such as your marriage certificate, and you may also need to upload additional documents. An example of an additional document is an affidavit declaring that you and your spouse have been living separately and apart for over 12 months despite living in the same house. Once you have completed the form and uploaded the documents, you must print and sign the Affidavit for eFiling Application (Divorce).
Although this is an online divorce application, it is still necessary to sign this affidavit by hand in the presence of an authorised witness before uploading the signed document to your application. You also need to print the brochure titled Marriage, Families and Separation. At the end of your online divorce application, you must pay the filing fee. It is currently $900, although you may be eligible for a reduced filing fee. If it is a joint application, you are not required to attend court. A divorce order will be available to download from the Commonwealth Courts Portal once your divorce is finalised.
Although they can access Australia’s divorce system, same-sex couples currently cannot apply for divorce online. If you cannot eFile, contact the National Enquiry Centre to receive the divorce application forms. Even if you do not file online, you must create a Commonwealth Courts Portal account to receive your divorce order as these are no longer sent by post.