In 2024, divorce applications are online. The Federal Circuit and Family Court has made it easier. Applying for a divorce online yourself is more approachable than ever. This is your fool-proof guide to making an online divorce application.
Download our FREE Divorce Checklist for more information on what to do next.
Divorce application quick guide
Online Divorce Application
Here’s a step-by-step guide to online divorce applications.
Step 1: Prepare for your application
Before you apply, there are a few things to consider—especially if you’re dealing with family law matters in the Federal Circuit and Family Court of Australia. Are you filing a sole or joint application? This matters. Joint applications are usually the easiest and are often processed more quickly.
Sole applications are sometimes necessary, particularly in more complex family law cases, but they may require additional steps such as serving documents to the other party. Regardless of the type, you’ll need to prepare a court file with all necessary supporting documents to avoid delays.
Separated under one roof
If you and your former spouse lived together during your separation, you’ll need to prepare an affidavit explaining the situation as part of your court file. If you are applying jointly, both parties should complete an affidavit. It’s also recommended to include one from a third party who is familiar with your circumstances.
These supporting documents help clarify how your domestic situation has changed since separation. This is particularly important in family law cases filed in the Federal Circuit and Family Court of Australia, where the court must be satisfied that you have genuinely separated.
Married less than two years
If you’ve been married less than two years, you must attend counselling before filing. Once completed, you’ll receive a counselling certificate, which must be included in your court file when lodging the same online application. In some family law matters, this requirement may be waived—particularly if there is a history of family violence.
In such cases, the Court recognises that attending counselling may not be safe or appropriate. It’s also important to note that an applicant cannot force the respondent to participate. As long as you can demonstrate that you made a genuine effort to invite them, the Court may still allow you to gain access to the divorce process. This applies even if you’ve lived under the same roof during separation.
Marriage certificate
Any marriage certificates that have been lost can be replaced. The Registry of Births, Deaths and Marriages can provide a copy for a fee. If you were married overseas and your marriage certificate is in a foreign language, it must be translated by an accredited translator. Need help finding one? You can gain access to accredited professionals through the NAATI directory.
A translated certificate is essential for your family law application and must be included in your court file. Once your documents are ready, you can submit them through the Court’s secure online system. After lodging, you’ll be issued a file number, which you’ll need when communicating with the Court or the other party. This process is especially important when the application may impact matters like financial support or property settlement.
Legal assistance
It’s good to get legal assistance early—especially when dealing with family law matters. An experienced family lawyer can help you prepare the necessary documents, meet deadlines, and gain access to the Court’s secure online system for lodging applications. This reduces the risk of delays. If you and your former spouse are living in the same residence, a lawyer can also guide you through the added requirements to obtain a divorce order. Remember, divorces are typically issued double-sided, so you’ll need to check both sides for full details.
When choosing a lawyer, read testimonials and ask trusted family and friends for recommendations. Many law firms offer an initial consultation either free or at a reduced cost. For example, Ferrall and Co. Lawyers offers a 30-minute free consultation. This helps us understand your situation and how we can assist you through our online services. It’s also important to understand that the only ground for divorce in Australia is the irretrievable breakdown of the marriage—usually shown by 12 months of separation. Once your application is filed, you’ll be given a file number to use in all future correspondence with the Court.
Step 2: Register on the Commonwealth Courts Portal
The Portal is a secure online system that allows users to make electronic applications for various family law matters. Through its online services and web-based services, you can save a court file and return to it later using your assigned file number. The system also provides access to available files and documents that have been filed electronically, including those bearing a seal from the Court.
To get started, visit www.comcourts.gov.au and select New Users Can Register Now. Set up your account by choosing a username and password. You’ll then receive an email with your username and a temporary password.
Follow the link to create a new password and accept the terms and conditions. If you need help accessing or managing your account while preparing your online divorce application, a Portal Administrator can assist with technical support and account-related issues.
Step 3: Start the application on divorce online portal
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.
Enter a title and description for the application in case you need to come back to it later. Select continue and OK to confirm.
Step 4: Complete the application
Complete parts A – F of the application form.
Make sure there is a green tick at each heading and save each page.
Review the information by selecting print preview.
Upload required supporting documents. This may include affidavits or mandatory certificates.
Select Lock and Continue. Once you do this you won’t be able to make any further changes to the application.
Need help with your divorce? Get a free 30-minute consultation from Ferrall & Co. Lawyers. Contact us 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 signed Affidavit for eFiling (Divorce).
Download the Marriage, Families and Separation brochure. If you’re a sole applicant, this brochure must be included when serving divorce papers on your ex-spouse.
Submit the application. The filing fee is $1100 as of 1 July 2024. A financial hardship fee of $365 applies if eligible.
Step 6: Court hearing
All divorces must be listed in court. This applies even if you don’t need to attend.
You must attend the divorce hearing if you’re a sole applicant with children under 18 years of age.
You should attend the hearing if you’ve been married less than two years or if you applied for substituted service.Attendance is also recommended if you and your spouse were separated while living in the same home, as the Court may need clarification on your living arrangements. In these situations, you may be asked to confirm details such as your spouse’s address or provide further supporting evidence.
After the hearing, if the Court grants your application, a divorce ruling will be issued—usually double sided. Be sure to check both sides of the document for important information, including the Court’s electronic seal and confirmation of the original record.
You can access your documents anytime through the Court’s online services or web-based services after submitting your online divorce application. If you experience any technical difficulties, a Portal Administrator can assist you with retrieving your file or resetting your login.
Step 7: Serving divorce documents
If you’re a sole applicant, you must serve the divorce papers on your former spouse—even if they are living overseas. As part of your online divorce application, the Court requires that you provide particulars about how and when service was completed. In family law matters, accurate service is essential for your application to proceed. If you’re filing in Western Australia, be aware that there may be additional procedural steps to follow.
Once granted, the divorce order double-sided will be issued and made available through the Court’s online system. Be sure to check both sides of the order for complete information. If you need assistance accessing files or managing your account, a Portal Administrator can help.
According to the Family Court’s website, you should serve the following documents:
A sealed copy of the Application for Divorce with the Notice of Application for Divorce attached to the front.
Sealed copy of the Affidavit for eFiling.
A copy of the Marriage, families and separation brochure.
An Acknowledgment of Service (Divorce).
Any other documents filed with your Application for Divorce (except passport/citizenship/marriage certificates/reduction of fees form/concession cards filed).
You can serve papers through a third party over 18. You can also serve by post. The applicant can’t serve the respondent personally. The respondent’s lawyer may also accept service of the documents.
If you can’t locate your spouse, you may apply to the Court for substituted service as part of your online divorce application. This allows you to serve someone you’re confident will bring the application to the respondent’s attention.
Alternatively, the Court may grant dispensation of service, which allows the applicant to proceed with their divorce without serving their spouse. All reasonable attempts to contact the respondent must be made before a dispensation will be granted. Applicants must file an affidavit with the Court detailing their attempts to make contact.
Step 8: Receive the divorce order
Now you’ve submitted the application. The Court will consider whether all steps have been met. In Western Australia, there may be additional requirements depending on your situation.
If you’ve provided a certificate translated into English from a foreign language or applied under a special circumstance, the Court will assess these details carefully as part of your online divorce application. If the Court accepts the application, your divorce ruling will take effect after one month and one day.
Testimonials
We’re proud to represent our clients in various family law matters. Here’s what one of our clients said about working with us.
We highly recommend Rowena Ferrall and her staff to anyone needing legal advice. Rowena handled our contractual issue and achieved an outcome beyond our expectations. The whole team was great to work with and explained the legal process in simple terms.
- Brian Parsons
We make sure clients are informed about the divorce process. While divorce doesn’t have to be overwhelming, it can be helpful to have an experienced representative to provide legal advice. By working with us, you can be assured all legal requirements will be met on time. This will save you time and costs associated with delays.
We don’t just pride ourselves on providing excellent legal advice. Our team takes a compassionate approach to every family law matter. Whether you’re navigating complex parenting arrangements or filing an online divorce application, we treat each case with empathy and an understanding that this is a sensitive time.
Conclusion
An online divorce application is the most common way to end a marriage. By following these 8 simple steps, you can apply for online divorce quickly and easily. If you’re unsure about any part of the process, seek legal advice.
Need divorce advice? Contact our divorce lawyers today.
