FAQ - Frequently Asked Questions

How To Get Divorce Papers

Justice Family Lawyers Sydney

The easiest way to get divorce papers is to apply for divorce online. This is done through the Commonwealth Courts Portal at www.comcourts.gov.au.

The divorce form is interactive. You can fill it out either by yourself, as a sole applicant, or with your former partner, as joint applicants. By making an account in the Portal, you can create a new application and access the form.

As with its paper counterpart, the form comprises Parts A to F. After you have finished each part, save it and a green tick will show that it has been successfully completed. You will need to upload the required documents, such as your marriage certificate, along with any additional documents depending on your circumstances.

Once the application is complete, you must print and sign the Affidavit for eFiling Application (Divorce) before an authorised witness, and then upload it to finalise the application.

Although marriage equality has been legalised, same-sex married couples currently cannot get a divorce online. If you cannot apply for divorce through the Commonwealth Courts Portal, or if you would prefer to apply by post or in person, you can go the Family Court of Australia website and download the divorce application form here: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/forms-and-fees/court-forms/diy-kits/.

You can also contact the National Enquiry Centre to obtain hardcopies here: http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/contact-us/national-enquiry-centre/fl-nec. Completed divorce forms can then be filed by post or in person at court registries. No matter which filing method you choose, applying for divorce carries a filing fee. This fee is currently $900, although you may be eligible for a reduced filing fee of $300.

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