FAQ - Frequently Asked Questions

How To Get A Divorce Online

Justice Family Lawyers Sydney

You can get a divorce online by registering an account with the Commonwealth Courts Portal and creating an application. The Commonwealth Courts Portal website is here: www.comcourts.gov.au.

You can make the application by yourself, as a sole applicant, or with your spouse, as joint applicants. The application for divorce is an interactive form that you can fill in through your account. The form comprises Parts A to F. After finishing each part, save it and you will see a green tick that indicates it has been successfully completed.

There are certain required documents that you will need to upload, such as your marriage certificate, as well as some additional documents depending on your circumstances. For example, if you and your spouse married outside of Australia and your marriage certificate is not in English, you will need to upload a translation and an affidavit from the translator.

Once you have completed all parts of the form and uploaded all documents, you must print and sign the Affidavit for eFiling Application (Divorce). This affidavit must be signed by hand before an authorised witness before you upload it to your application. You must then print the brochure titled ‘Marriage, Families and Separation.’

There is a filing fee of $900 that must be paid no matter how you file your divorce application. You may be eligible for a reduced filing fee of $300. When the application has been successfully filed online, a sealed copy showing the date and time of your court hearing will be sent to you.

If you made a joint application, attending the court hearing is not compulsory. Once the court grants your divorce, a divorce order will be available for you to download from the Commonwealth Courts Portal one month and one day later.

Please note married same-sex couples currently cannot apply for divorce online.

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