The decision to end a marriage is a deeply personal one, but the administrative step that formalises it is the application for divorce form. In Australia, divorce is governed by the Family Law Act 1975 and is a no-fault system, meaning the only ground required is the irretrievable breakdown of the marriage, proven by 12 months and one day of continuous separation. Since the vast majority of applications are now filed online through the Commonwealth Courts Portal (CCP) of the Federal Circuit and Family Court of Australia (FCFCOA), the divorce application has shifted from a complex paper form to an interactive, guided online process. Understanding this process, gathering the correct supporting documents, and ensuring accuracy is vital for avoiding delays and securing your final Divorce Order promptly. From my experience, a meticulous approach to completing the application is the key to a fast and smooth administrative outcome.
Featured Definition: The Application for Divorce Form
The official application for divorce form is the document required by the Federal Circuit and Family Court of Australia (FCFCOA) to legally terminate a marriage in Australia. It is primarily an online interactive form accessed via the Commonwealth Courts Portal (CCP) and is used to prove the legal grounds for divorce, including the 12-month separation requirement, jurisdiction, and arrangements for any children under 18.
The Core Framework: Understanding the Australian Divorce Process
Before diving into the mechanics of the application for divorce form, it’s essential to grasp the fundamental legal requirements that the form is designed to confirm.
Eligibility and Jurisdiction
The form starts by establishing the court’s jurisdiction. You must meet two main criteria:
- Separation Period: You and your spouse must have been separated for a continuous period of 12 months and one day immediately before filing the application. This is the single statutory basis for divorce in Australia.
- Connection to Australia: Either you or your spouse must satisfy one of the following criteria:
- Be an Australian citizen.
- Be ordinarily resident in Australia and have lived here for at least 12 months immediately before filing.
- Be a permanent resident of Australia.
The application for divorce form will explicitly ask for evidence to satisfy this connection, usually a birth certificate, Australian citizenship certificate, or visa documentation.
Sole vs. Joint Applications
The first major decision you make when starting the application for divorce form is whether you will file a Sole Application or a Joint Application.
| Feature | Sole Application | Joint Application |
| Filing Party | One spouse completes and signs the form. | Both spouses complete and sign the form together. |
| Service Requirement | Mandatory. The Applicant must formally serve the sealed court documents on the Respondent (the other spouse). | Not Required. No service is necessary, streamlining the process significantly. |
| Hearing Attendance | Usually required if there are children under 18. | Usually not required, simplifying the process for both parties. |
| Cost | One filing fee (paid by the Applicant, or shared informally). | One filing fee (paid jointly). |
Joint applications are generally quicker and less adversarial because they eliminate the need for formal service and often remove the need for attendance at the divorce hearing.
Step-by-Step Guide: E-Filing the Application for Divorce Form
The official application for divorce form is completed and filed online via the Commonwealth Courts Portal (CCP). Filing electronically is the standard method in Australia and is highly encouraged by the FCFCOA.
Checklist for Preparing to File
Before you log into the CCP, gather the following essential documents and information:
- Original or Copy of Marriage Certificate: If it’s not in English, you must obtain an official English translation and the relevant Affidavit – Translation of Marriage Certificate form.
- Date of Marriage and Date of Separation: Be precise. For a Sole Application, you must be able to prove the date of separation to the court.
- Details of Any Children: Full names and dates of birth for all children of the marriage under 18.
- Proof of Australian Citizenship/Residency: Passport, citizenship certificate, or visa documents.
- Counselling Certificate (If Applicable): Required if you have been married for less than two years. You must have attended marriage counselling or seek the court’s permission to dispense with it.
- Details for Service (Sole Applications Only): The current residential address and email/postal address of your spouse.
The 7-Step Online Filing Process
The application for divorce form is an interactive guide within the CCP.
- Register/Log In to the Commonwealth Courts Portal (CCP): Access the official Commonwealth Courts Portal and register as a new user or log in with your existing details.
- Start a New Application: Select “Start a new file” and choose “Application for Divorce” from the options. The system will guide you through the initial administrative steps, including accepting eFiling obligations.
- Complete the Form Parts A–F: The online application for divorce form is broken into parts, covering:
- Part A & B: Applicant and Respondent details (names, addresses, occupation).
- Part C: Marriage details (date, place, marriage certificate information).
- Part D: Separation details (the critical 12 months and one day separation, including ‘separated under one roof’ details if applicable).
- Part E: Jurisdiction and children’s arrangements.
- Part F: Orders sought and proposed hearing location.
- Note: Save your progress regularly. The system saves information for 90 days.
- Upload Supporting Documents: Scan and upload the required documents, including your Marriage Certificate and any affidavits (like the Affidavit for eFiling Application (Divorce) or the Affidavit – Separation under One Roof).
- Lock and Finalise: Once all parts are completed and documents uploaded, you must Lock and continue. Warning: After locking, you cannot make changes, so review carefully. You will print the mandatory Affidavit for eFiling Application (Divorce).
- Sign and Upload the Affidavit: Have the printed Affidavit for eFiling Application (Divorce) signed by the Applicant(s) and witnessed by an authorised person (Justice of the Peace or lawyer). Scan the signed document and upload it back to the CCP.
- Pay and Submit: Select your hearing location, pay the mandatory filing fee (or apply for a reduction of fees due to financial hardship), and submit the application. The Court will then issue a file number and a hearing date.
Addressing Complexity in the Application for Divorce Form
While the divorce application is generally an administrative process, certain Australian circumstances introduce complexity that requires careful handling on the application for divorce form and through supporting documentation.
Separation Under One Roof
If you relied on a period of separation under one roof to satisfy the 12-month requirement, the online form will require you to confirm this. To satisfy the court that you were genuinely separated while residing together, you must file a supporting Affidavit – Separation Under One Roof. This document must detail the changes that confirm the end of the marriage, such as:
- Cessation of sexual relations.
- Separate bank accounts and financial arrangements.
- Separate sleeping arrangements.
- Lack of shared social activities.
- Notification to family and friends about the separation.
Arrangements for Children
If you have children of the marriage under 18, the application for divorce form requires you to provide details of the arrangements that have been made for their care, welfare, and development. The court must be satisfied that these arrangements are proper. This part of the form is administrative for the divorce itself, but it can trigger the court’s attention if there are obvious safety concerns or if no clear arrangements are in place.
For comprehensive advice on navigating the complex parts of the divorce process, including formalising parenting or property matters, access our expertise here: Family Law Guidance and Support.
People Also Ask (PAA) about the Application for Divorce Form
Q1: What is the current fee to lodge the application for divorce form?
The fee to lodge the application for divorce form changes periodically and can be verified on the FCFCOA website. However, a significant reduced fee is available for applicants who hold certain government concession cards or who can demonstrate they are suffering financial hardship, which requires filing a separate Application for reduction of payment of divorce or decree of nullity form.
Q2: Do I need to include property settlement details in the divorce form?
No, the application for divorce form deals solely with the legal termination of the marriage. Property settlement and parenting arrangements are separate legal issues under Australian family law. However, if you have children under 18, you must detail their living arrangements within the form.
Q3: What if I can’t locate my spouse to serve the sole application for divorce form?
If you are filing a sole application and cannot locate your spouse to serve the documents, you must file a separate Application in a Proceeding seeking an order for Substituted Service (permission to serve the documents in an alternative manner) or Dispensation of Service (permission not to serve the documents). This requires you to demonstrate to the FCFCOA that you have made all reasonable attempts to locate your spouse.
Q4: Is the Affidavit for eFiling Application (Divorce) compulsory?
Yes, the Affidavit for eFiling Application (Divorce) is a mandatory part of the online application for divorce form process. It must be printed, signed by the applicant(s) in front of an authorised witness (like a JP or lawyer), and then uploaded to the Commonwealth Courts Portal to confirm the truthfulness of the information provided in the online application.
Expert Q&A on Divorce Form and Compliance
Q1: If the names on my marriage certificate and my current ID are different, how do I handle the application for divorce form?
If your current name differs from the name on your marriage certificate (e.g., due to previous name changes not related to the marriage), you must complete an Affidavit – Change of Name form. This affidavit is filed with the application for divorce form and details the name change history, providing necessary evidence to reconcile the names for the court’s administrative record.
Q2: Does an overseas marriage certificate need to be legally certified for the divorce application?
In Australia, the FCFCOA generally accepts a copy of the marriage certificate. However, if the certificate is not in English, you must provide a certified English translation from a NAATI-accredited translator, which must be attached to the Affidavit – Translation of Marriage Certificate. This ensures compliance with the court’s document requirements.
Q3: What is the strict deadline for serving the sole application for divorce form?
For a sole application where the respondent is in Australia, the sealed documents (the application for divorce form and the Marriage, Families and Separation brochure) must be served on the respondent at least 28 days before the scheduled divorce hearing date. If the respondent is overseas, this deadline extends to at least 42 days before the hearing.
Q4: Can a lawyer file the application for divorce form on my behalf?
Yes, an Australian lawyer can prepare and file the application for divorce form on your behalf through the Commonwealth Courts Portal. While a lawyer handles the administrative tasks, you (and your spouse for a joint application) must still sign the Affidavit for eFiling Application (Divorce) to swear to the truth of the facts in the form.
Q5: What is the significance of the Divorce Order becoming ‘final’?
The Divorce Order is made at the hearing but does not become final until one month and one day after the Order is made. This period is administrative. Once the order is final, the parties are legally divorced and are free to remarry. Critically, the time limit for commencing property settlement proceedings (12 months) begins running from the date the Divorce Order becomes final.
Conclusion: Securing Your Divorce Order Efficiently
The application for divorce form in Australia, primarily accessed through the Commonwealth Courts Portal, is a procedural requirement that, while simple in principle, demands accuracy and strict compliance with time limits and documentation. Whether you choose to file a Sole or Joint Application, meticulous preparation of your supporting affidavits and documents is the strongest defence against costly delays.
By following this definitive guide and ensuring every section of the form is completed accurately and supported by the necessary evidence, you can navigate this administrative milestone efficiently and move forward to finalise other important matters, such as property division and parenting arrangements.
For expert assistance with compiling your application for divorce form, managing service requirements, and addressing any complexities like separation under one roof, connect with our dedicated team today at Galeaf Austin Solicitors Family Law Practice.
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