Going through a divorce can be overwhelming, but understanding the application process can help simplify your journey. Here’s everything you need to know about applying for a divorce in Australia, including fees, eFiling, and what to expect.

Understanding the Application Types

Sole vs. Joint Application

• Sole Application: If you file alone, you are the applicant, and your spouse is the respondent. You must serve the application to your spouse, and you’ll be the only one to sign it. Court attendance is required if there are children under 18.
• Joint Application: In this scenario, both parties file together, and there’s no need to serve documents on one another. Both parties must sign the application.

Filing Fees- Standard and Reduced Fees

The standard filing fee is $1,100, but you may qualify for a reduced fee of $365. To be eligible for a reduction, you must provide evidence such as a health care card. For a sole application, only the applicant needs to qualify; for joint applications, both parties must be eligible.

If you’re not eligible for the reduced fee but are facing financial hardship, you can apply for a fee reduction due to financial hardship. Complete the Application for Reduction of Payment of Divorce or Decree of Nullity – Financial Hardship form.

Payment Options

The filing fee is payable at the time of filing through the Commonwealth Courts Portal using a Mastercard or Visa. If you don’t have a credit/debit card, you can purchase a pre-paid debit card from retail outlets.

eFiling Process

Applications should be eFiled through the Commonwealth Courts Portal. You’ll need a scanner, printer, and a credit/debit card. If you cannot eFile, contact the court for assistance.

1. Register for the Portal: Visit www.comcourts.gov.au to create an account. After registration, you’ll receive an email with your username and temporary password.

2. Prepare Required Documents: Ensure your marriage certificate and other necessary documents are scanned and saved for easy access.

3. Complete the Application:

• Select Application for Divorce.
• Fill in Parts A-F, saving at each page.
• Upload any required documents.
• Lock and print the application.

4. Affidavit Signing: If filing a sole application, only the applicant signs. In a joint application, both parties must sign before a lawyer or Justice of the Peace (JP).

5. Submit the Application: Pay the filing fee and select the court location for your divorce proceedings.

Serving the Divorce Application

Sole vs. Joint Applications

• Sole Application: You must serve the application on your spouse.
• Joint Application: No service is required.

If you cannot locate your spouse, apply to the court for a service order.

Court Hearing Attendance

You must attend the divorce hearing if:

• You filed a sole application and there are children under 18.
• You indicated a wish to attend.
• Either party has objected to the divorce being heard without them.

If required to attend, ensure you have all necessary documents ready for the electronic court hearing.

After the Divorce Application

Once your application is submitted, the court will review it for completeness. If the grounds for divorce are met, the court will grant the divorce, which will be finalised one month and one day later unless a special order is made.

Notification and Access to Divorce Order

After the divorce is granted, you can choose to receive email notifications through the Portal. The divorce order will be available to download the next working day after it’s finalised.

To access your order:

1. Log into the Portal.

2. Go to the Available Files tab.

3. Select List of Orders to view your divorce order.

Important Documents

The divorce order is the official record of your divorce and should be printed double-sided in colour. It includes an electronic seal and signature.

While the divorce application process can feel complex, understanding each step can make it more manageable. Whether you opt for a sole or joint application, ensure you’re informed about fees, eFiling, and court procedures.

Don’t hesitate to seek legal advice if needed, professional guidance can help clarify your options and rights.

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