Are your Australian divorce papers ready for submission? This article will provide a guide to the relevant documents that you need to prepare if you’re planning to initiate a divorce process in Australia.
Ending a marriage is rarely an easy decision, and the legal process can add another layer of complexity. If you’re considering divorce in Australia, you need to know and understand the essential documentation requirements for a smooth and efficient experience.
Here’s a checklist that might help:
Australian Divorce Papers Checklist
To apply for a divorce in Australia, you will typically require the following documents:
- Marriage Certificate. A copy of the marriage certificate is a fundamental requirement for a divorce application.
- Identification and Proof of Citizenship or Residency. Applicants need to provide proof of their citizenship or legal residency. This can include an Australian passport, citizenship certificate, evidence of permanent residency or evidence that you are an Australian citizen.
- Evidence of 12-Month Separation. Evidence of a 12-month separation period is required. This can be in the form of a statutory declaration or other supporting documentation.
- Details Regarding Children (if applicable). If children are involved, details regarding their care and support must also be provided. Any child who was treated as a member of your family prior to your final separation must also be included.
- Additional Documents Based on Circumstances. Depending on the specific circumstances, additional documents may be required.
- Translated copy of the documents if the contents are not in English
- An affidavit of the translation (e.g. Translation of the Marriage Certificate, you must have an affidavit explaining this)
- Counselling certificate
- Health care card
- Pensioner concession card
- Centrelink statement of income
- Affidavits relating to:
- Separation under one roof
- Marriage less than 2 years and no counselling certificate
- Change of name (to a surname other than your maiden or married names)
Other Supporting Australian Divorce Papers
Preparing other supporting divorce documents will save you time later on. You must also have them certified before submitting them because you don’t have to submit the original copies to the family court. You must attach the following Australian divorce papers in your application, if any:
- Family violence order
- Parenting Orders or Parenting Plans
- Child Protection Orders
- Binding Financial Agreements
- Property Orders.

Australian Divorce Papers: Filing Process
To give you an overview of what you’re going to go through when you initiate a divorce application, here are some general steps for the filing process of Australian divorce papers:
1. Preparing the documents and completing the application form
Gather the required documents mentioned in the Australian divorce papers checklist section. All Applications for Divorce should be filed online through the Commonwealth Courts Portal. Prepare a printer and scanner with you when you start the online application process.
You can apply for a divorce by yourself (a sole application) or together with the other party to the marriage (a joint applications). The first thing you must do is register for a Commonwealth Courts Portal online account. Create an account and enter your personal details and log in credentials.
To apply for a Divorce Order, follow these steps:
- click ‘Start a new file’
- click ‘Confirm’
- tick the box ‘Application for Divorce’
- click ‘Continue’
- tick the box ‘Federal Circuit and Family Court of Australia’
- click ‘Continue’
- enter a title and description for your application, for example ‘Application for Divorce’, click ‘Create’ and then ‘OK’.
After filling in the required details, scan and upload your Australian divorce papers. After this, you can now create a draft copy of your application by selecting ‘Print preview’. Double-check everything to make sure the information you put in is correct and that you have uploaded all relevant supporting documents.
After you have reviewed your application, you can then select ‘Lock and continue’. You have to be very careful in this part of the application because you will not be able to make any changes to your application after you lock it.
After completing all of these, you must print the Affidavit for eFiling Application to be signed by an authorised witness (Justice of the Peace or lawyer). Don’t sign your Affidavit until you are ready to have it witnessed.
2. Final steps
- Pay the application fee – There is a fee associated with filing for divorce in Australia. You can pay this fee online when submitting your application.
- Schedule a hearing date – Select the date and time for the hearing. The calendar will show the available schedule for you to choose from.
- Serve the divorce application – If you are making a sole application, you must provide an Australian address for service. If you are living overseas, you must provide an Australian address for service, and both spouses must file affidavits verifying that they are aware of the application. You can still apply for a divorce if you were married overseas, or if you don’t know where your partner is, as long as you live in Australia.
After applying, you will need to wait for the divorce to be granted. The court will notify you when the divorce has been granted, and you can download a copy of the divorce order from the Commonwealth Courts Portal.
Factors Affecting a Divorce Case
The duration of a divorce case in Australia can be influenced by several factors such as the complexity of the case, disputes and cooperation, availability of the court, service of documents, property settlement, parenting arrangements, and other legal concerns.
Divorce cases involving child custody disputes, division of complex assets, or other complex issues can take longer to resolve. Moreover, if there are disputes between the parties or a lack of cooperation, the divorce and property settlement process may be delayed over the expected time frame.
There may also be delays in scheduling a divorce hearing or obtaining court orders can prolong the process. The number of divorce cases handled by the court, the availability of judges, and administrative backlogs can all contribute to these delays.
By understanding these factors, parties can manage their expectations and prepare for the potential challenges that may arise during the divorce process in Australia.
Receiving a Divorce Order
The process of receiving a divorce order in Australia typically takes around 3 to 4 months from the date of filing the application. This timeframe is influenced by individual circumstances, cooperation between parties, and the court’s caseload.
The divorce becomes final one month and one day after the divorce order is made. It’s important to allow for potential delays, such as issues with serving the documents to the other party, and to seek legal advice early in the process.

Seek Legal Assistance from Family Lawyers
Legal documents, like Australian divorce papers, require precision and adherence to specific legal requirements. Our family lawyers at JB Solicitors can make sure that your paperwork is accurate, complete, and filed correctly to avoid delays or complications. We can:
- Help you decide if you need to file either a sole or joint application for divorce
- Recommend if you or your partner need to attend counselling to ensure proper arrangements in your relationship or divorce.
- Help you with overseas marriage matters especially if you need your marriage certificate translated.
Contact us today for all your family law matters.