The simplest and most common way to apply for a divorce in 2024 is through online. The Family Court has streamlined the online system. Applying for an online divorce application by yourself has become easier than ever.
Download our FREE Divorce Checklist for a more detailed guide on the next steps.
Applying for Online Divorce Application
Here’s a step-by-step guide to online divorce applications.
Step 1: Preparing for your application
Before you begin the actual application, there are some things to consider. The most significant question is, are you filing a sole or joint application? This will affect elements of the application.
Separated under one roof
If you and your former spouse cohabited during your separation, you’ll need to prepare an affidavit explaining the situation. If you are applying jointly, both parties should fill out an affidavit. You should also get a third party familiar with your circumstances to fill one out as well.
Married less than two years
If you’ve been married less than two years, you must attend counselling. Once you’ve done so, you’ll receive a counselling certificate you must include with your application.
Marriage certificate
If you were married overseas and your marriage certificate is in a foreign language, you must get it translated by an accredited translator.
Step 2: Register on the Commonwealth Courts Portal
Visit www.comcourts.gov.au and select New Users Can Register Now and set a username and password.
You will then receive an email providing your username and temporary password. You can then create a new password and accept the terms and conditions.
Step 3: Begin the application
Select Start a new file and tick that you are filing on your own behalf.
Read the eFiling obligations and confirm you understand them.
Select Application for Divorce from the dropdown menu.
Select the relevant court and continue. A West Australian citizen will select the Family Court of Western Australia.
Provide a title and description for the application in case you need to return to it later. Select continue and OK to confirm.
Step 4: Complete the application
Complete parts A – F of the application form.
Ensure there is a green tick at each heading and save each page.
Review the information provided by selecting print preview.
Upload required supporting documents. This may include affidavits or mandatory certificates.
Select Lock and Continue. Once this is done, you won’t be able to make any further changes to the application.
If you need help with your divorce, you can get a free 30-minute consultation from Ferrall & Co. Lawyers. Contact them for assistance.
Step 5: Finalise the application
Print the application.
Sign the Affidavit for eFiling (Divorce);
- If you’re a sole applicant, only you must sign the affidavit before a Justice of the Peace (JP) or lawyer;
- Joint applicants must both sign the affidavit before a JP or lawyer.
Upload the Affidavit for eFiling (Divorce) once you’ve signed it.
Download the brochure Marriage, Families and Separation. If you’re a sole applicant, this brochure must be included when serving divorce papers on your ex-spouse.
Submit the application. This attracts a filing fee of $1060 as of 1 July 2023.
- If you qualify for financial hardship, you can receive a reduced fee of $350.
Step 6: The court hearing
All divorces must be listed in court, even if you don’t need to attend.
- You must attend the divorce hearing if you’re a sole applicant with children under 18.
- Attending the hearing is advisable if you have been married for less than two years or applied for substituted service.
Step 7: Serving divorce documents
If you’re making a sole application, you must serve the divorce papers on their former spouse.
You can handly serve papers using a third party over 18, or by post.
If you cannot locate your spouse, you may apply to the Court for substituted service. This allows you to serve someone you’re confident will bring the application to the respondent’s attention.
Step 8: The divorce order
Once you’ve submitted the application, the Court will consider if it has satisfied all the necessary steps. If the Court accepts the application, your divorce order will take effect one month and one day after it is granted.
Conclusion
Online divorce proceedings are the most common way of dissolving a marriage. By following these 8 simple steps, you can complete an online application quickly and hassle-free. If you’re unsure of any aspect of the process, seek legal advice.
If you need advice on divorce, contact our divorce lawyers today.
