Filing a divorce application online in NSW is more straightforward than many people expect, but knowing exactly what the court requires — and what to prepare — can make all the difference between a smooth process and an avoidable delay.
This guide will serve as your complete reference for a divorce application online NSW.
Some things in life do not work out the way we planned. That is why we have divorce. Divorce is the legal termination of a marriage. It officially dissolves the legal bond between you and your spouse. In Australia, it is granted by the Federal Circuit and Family Court of Australia (FCFCOA).
NSW Divorce Application Online: What You Need to Know
Before going through the details of a divorce application online NSW, it helps to understand the fundamentals.
Australia operates on a “no-fault” divorce principle. This means the court does not consider who was to blame for the breakdown of the relationship. The only ground for divorce is that the marriage has “irretrievably broken down,” demonstrated by a separation period of at least 12 months and one day.
Either one individual (a sole application) or both spouses together (a joint application) may start the divorce process. The same online application form is used for both. If you were validly married, you must file a copy of your Marriage Certificate with your Application for Divorce. If your Marriage Certificate is not in English — for example, if you were married overseas — you will need to have it professionally translated and an Affidavit completed by the translator.
The marriage must also be legally recognised in Australia. Marriages involving minors or those not conducted according to legal standards are not recognised, meaning a divorce cannot be granted in those circumstances.
Eligibility for a Divorce Application Online NSW
To be eligible to file a divorce application online NSW, at least one of you must have a connection to Australia through one of the following:
- Holding Australian citizenship
- Residing in Australia and regarding it as your permanent home
- Having lived in Australia as an Australian citizen for at least 12 months prior to the divorce application
If you meet these requirements, you can file for divorce in Australia even if you were married abroad.
The 12-month separation requirement
A couple must have been separated for at least 12 months and one day before applying for divorce. Importantly, this separation can occur even if you are still living under the same roof. The court recognises this arrangement, provided you can demonstrate you were living separate lives during that period. If this applies to you, you will need to file affidavits (see Documents section below) to support your application.
Many clients are surprised to learn they did not need to move out to begin the separation period. The court looks at the substance of the separation, not the address.
If your marriage has lasted less than two years
If your marriage has lasted less than two years, you will either need to:
- Attend family counselling sessions and obtain a counselling certificate to file with your application, or
- Obtain permission from the court to file for a divorce without the counselling certificate
Sole Application vs Joint Application: What Is the Difference?
You can apply for a divorce by yourself (sole application) or together with the other party to the marriage (joint application). Understanding the difference is important before you start.
Joint application: Both parties apply together. There is no requirement to serve documents on the other party. However, for a joint application to qualify for the reduced filing fee, both parties must independently meet the eligibility criteria.
Sole application: You apply alone. You must then serve a stamped copy of the application and supporting documents on your spouse at least 28 days before the hearing date if they are in Australia, or at least 42 days before the hearing if they are overseas. You cannot serve the documents on your spouse yourself; the service must be carried out by a third party such as a friend, family member or process server.
If you cannot locate your spouse to serve them with divorce papers, you may apply to the court for an order to dispense with service, or for substituted service, which allows you to serve someone else on their behalf. We have helped clients navigate this situation where their spouse had relocated without leaving contact details.
Documents You Need for Your Divorce Application Online NSW
Before starting your divorce application online NSW, gather all supporting documents. Having these ready will prevent delays and make the portal process much smoother.
You will typically need:
- Your Marriage Certificate (original or certified copy). If the certificate is not in English, a certified translation and a translator’s affidavit are required
- Proof of Australian citizenship or residency
- A change of name certificate (if your surname differs from the one on your marriage certificate)
- Any family violence orders or other existing court orders
- An affidavit, if you were separated under the same roof during the 12-month period
Separated under one roof: If you and your spouse lived at the same address for some or all of the 12-month separation period, you must file two affidavits. For a sole application, one affidavit must be yours and one must be from a third party (such as a family member, friend or colleague) who can confirm they witnessed your separate lives. For a joint application, one affidavit from each spouse is acceptable, or one from either party and one from a third party.
Children under 18: If there are children of the marriage under the age of 18, you must include particulars of the arrangements for their care, schooling, health and financial support in the divorce application. The court can only grant a divorce if it is satisfied that proper arrangements have been made for the children.
The most common reason we see applications delayed is a missing or untranslated marriage certificate. Obtain this document first before you start anything else.
How to File a Divorce Application Online NSW: Step-by-Step
All divorce applications in NSW are processed through the Commonwealth Courts Portal. Through this portal, you can access your court file, eFile your application, and access court orders at any time.
Here is a step-by-step guide to filing your divorce application online NSW:
1. Preliminaries
- Register at www.comcourts.gov.au. Click “New users can register now” and create your username and password
- Select “Start a new file” — do this even if you have filed other family law proceedings before, as divorce is dealt with separately from other family law proceedings
- Confirm whether you are filing on your own behalf or on behalf of a law firm
- Read and confirm the eFiling obligations
- Select “Application for Divorce”
- Select the appropriate court. If you live in Western Australia, you should contact the Family Court of Western Australia instead, as it handles divorce cases exclusively in that state
- Add a title or description to your application so you can locate it easily
- Complete Parts A to F and save as you go. You can log out and return at any time — information is saved for 90 days
- Use “Print Preview” to confirm everything is complete and correct
- Upload the required documents. The specific files needed will vary depending on your answers in Parts A to F
- Select “Lock and Continue”
2. Printing, Signing and Submission
- Print your application and sign the Affidavit for eFiling Application (Divorce) in front of a lawyer or Justice of the Peace (JP)
- For a sole application, only the applicant signs. For a joint application, both parties must sign in front of a JP or lawyer, either simultaneously or separately (if signed simultaneously, the same JP or lawyer may witness both)
- Upload the signed Affidavit for eFiling Application to the portal
- Print and read the “Marriage, Families and Separation” brochure — this is mandatory. If you filed a sole application, you must include this brochure when serving documents on your spouse
- Pay the filing fee and submit your application
- Select a court hearing date
After submission, the court will verify that the documents comply with the filing requirements and will notify you if any corrections are needed.
As of 10 June 2025, most applicants are no longer required to attend their divorce hearing in person. Attendance is only required in specific circumstances, such as where the other party has contested the application or where the judge requires clarification. At the hearing, the judge will consider whether the requirements for divorce have been met.
Divorce Application Fees in NSW
Cost is one of the first things people ask us about, and it helps to know your options before you file.
As of 1 July 2025, the standard court filing fee for a divorce application is $1,125, whether you are lodging a sole or joint application.
A reduced filing fee of $375 is available if you hold any of the following:
- A Health Care Card
- A Pensioner Concession Card
- A Seniors Card
- Centrelink benefits such as Austudy or Youth Allowance
If you do not hold a concession card but are experiencing financial hardship, you can apply to the court for a fee reduction based on your personal circumstances. For joint applications, both parties must individually meet the eligibility criteria to qualify for the reduced fee.
Adding Further Documents to Your Divorce Application Online NSW
Your circumstances may require you to submit additional documents after your initial filing. To eFile additional documents, log in to the portal and provide your file number. Once you locate your divorce file, follow these steps:
- Scan and save documents as PDFs
- Select the “Available Files” tab and click on your file number
- Select “+” next to “Application for Divorce” and choose “Add Document”
- Read and confirm the eFiling obligations
- Select the document type from the menu
- Choose your file and click “Upload”
What a Divorce Order Does Not Cover
This is probably the single most important point we tell every client before they file, and it is something almost every person going through separation gets wrong.
A divorce order legally ends the marriage. It says nothing about property, finances or parenting. These are entirely separate legal matters that require their own applications.
A divorce order will not include parenting arrangements. If you need orders for the care of your children, a separate application must be made after the divorce. Similarly, property division requires its own consent orders or court proceedings.
If you have not finalised your property settlement before the divorce order takes effect, you have 12 months from the date the divorce order becomes final to apply for property settlement through the court. Missing that deadline may require special permission from the court, which is not always granted. Seeking legal advice about your property rights before this window closes is strongly advisable.
JB Solicitors’ Divorce Lawyers Can Help You
The divorce lawyers at JB Solicitors will help you with the application process, including how to file correctly, what documents you need, and how to ensure your spouse is served properly if you are lodging a sole application.
We will carefully review your divorce application online NSW to ensure no essential information has been left out and that all documentary requirements are correct. This helps avoid further delays and complications.
We can also assist with the following matters that arise during or after divorce proceedings:
- Property settlement
- Your affidavit explaining how your marriage ended or other factors affecting the divorce
- Representation at the divorce hearing and filing of the divorce order
Seek legal advice and contact us today for a consultation.
Frequently Asked Questions: Divorce Application Online NSW
How long do I need to be separated before applying for a divorce in NSW?
You must have been separated for at least 12 months and one day before filing a divorce application online NSW. This is the court’s required proof that the marriage has irretrievably broken down.
Can I apply for divorce if we were still living together during the separation?
Yes. A couple can be legally separated even while living under the same roof. You will need to file two affidavits — one from yourself and one from a third party — explaining how you were living separate lives during the separation period.
Do I need a lawyer to file a divorce application online in NSW?
You are not required to use a lawyer. Many people file through the Commonwealth Courts Portal without legal representation. However, a solicitor can ensure the application is complete, the affidavit is properly drafted, and all service obligations are correctly met, which can prevent costly delays.
What is the current filing fee for a divorce application in NSW?
As of 1 July 2025, the standard filing fee is $1,125. A reduced fee of $375 applies to eligible concession card holders or those who can demonstrate financial hardship.
What if I cannot find my spouse to serve the divorce papers?
If you cannot locate your spouse, you may apply to the court for an order to dispense with service or for substituted service. Substituted service allows the documents to be served on another person — for example, a close relative of your spouse — in lieu of direct service.
Can I include property and parenting arrangements in my divorce application?
No. A divorce order only legally ends the marriage. Property settlement and parenting arrangements are entirely separate legal proceedings that require their own applications.
What if we were married overseas?
Provided at least one of you holds Australian citizenship, is a permanent resident, or has lived in Australia for at least 12 months prior to the application, you can apply for divorce in Australia regardless of where you married. You will need a certified English translation of your overseas marriage certificate.
What happens if our marriage was less than two years old?
If you have been married for less than two years, you must either attend family counselling and file a counselling certificate with your application, or apply to the court for permission to proceed without it.
