Understanding the correct divorce documents Australia requirements before filing can help you avoid delays. To file for divorce in Australia, prepare your Application for Divorce, marriage certificate, and signed Affidavit for e-Filing Application. Depending on your circumstances, you may need documents such as citizenship or residency documents and translated marriage documents. Additionally, you might need affidavits about separation under one roof, name-change evidence, or proof that your spouse was served.

The exact documents required can therefore vary from one divorce application to another. Before filing, you must also meet Australia’s basic divorce requirements. You will find here what divorce documents Australians need and when they need them.

Quick Checklist: Divorce Documents Australia Applicants May Need 

Here is a simple overview of the documents you may need:

Not every applicant will need every document on this list. Your requirements depend on factors such as where you married, your citizenship, and whether you are filing jointly.

Application for Divorce

Divorce documents australia checklist starts with the Application for Divorce. The Commonwealth Courts Portal is where most Australians file divorces. You can make either a sole application or a joint application.

Sole Divorce Application

A sole application is made by one spouse.The person making the application is called the applicant, while the other spouse is the respondent. Only the applicant needs to sign the application. 

Joint Divorce Application

A joint application is made together by both spouses. Both applicants must sign the relevant application documents. Since both spouses file jointly, service to the other spouse is not required.

Marriage Certificate

A marriage certificate is an important divorce document. The Federal Circuit and Family Court of Australia requires a copy of the marriage certificate.

If you were married in Australia, you can generally use:

• a marriage certificate issued by the relevant Registry of Births, Deaths and Marriages
• your ceremonial marriage certificate

If you do not have a copy, you should contact the Registry of Births, Deaths and Marriages in the state or territory where you were married.

It is also important that the names entered in your divorce application correspond with the names recorded on your marriage certificate. If they do not, the Court may require further evidence explaining the difference.

Affidavit for eFiling Application (Divorce)

The eFiling application also requires an Affidavit (Divorce). This document is part of your divorce application and must be signed correctly. It must be witnessed by an authorised person, such as a Justice of the Peace or lawyer. Incorrectly witnessed documents will be rejected and resubmitted.

Proof of Australian Citizenship or Residency

To get a divorce in Australia, either you or your spouse must have a strong connection to the country.

Generally, either spouse qualifies if:

• Has Australian citizenship
• Plans to stay in Australia forever
• A resident of Australia for the required period.

The exact evidence you need depends on the basis on which you are establishing eligibility.

Documents for an Overseas Marriage

Marrying overseas does not stop you from getting a divorce in Australia. One spouse can file for divorce here if they meet the requirements. Make sure the overseas marriage is legally recognized. You will need to show proof of the marriage. 

If Your Overseas Marriage Certificate Is in English

You can generally provide a copy of the marriage certificate issued by the relevant overseas authority.

If Your Marriage Certificate Is Not in English

Marriage certificates written in another language require additional documents.

You will generally need:

• A copy of the original marriage certificate
• An English translation
• An Affidavit of Translation of Marriage Certificate completed by the translator.

The Federal Circuit and Family Court specifically requires the original certificate and translation to accompany the translator’s affidavit.

Documents Required When Separated Under One Roof

Separation does not have to take place before divorce. Australian family law allows separation under one roof. This means you can live together but consider the relationship over. An additional piece of evidence might be needed if you lived together for 12 months before filing. 

What Documents Are Needed?

Separation circumstances need to be explained in an affidavit. An affidavit is required for a sole application. Supporting evidence can also be provided by a friend, relative or neighbour. Joint applications generally require affidavits from both spouses. A third party may also provide evidence depending on the circumstances. 

What Should the Affidavit Explain?

The affidavit should show that the marital relationship ended despite your continued residence.

Relevant information may include changes to:

• Sleeping arrangements
• Shared social activities
• Household responsibilities
• Financial arrangements
• Joint bank accounts
• Communication between the spouses

You may also need to explain why you continued living together after separating and describe arrangements for any children of the marriage.

Documents Needed for a Sole Divorce Application

You have to serve your spouse with divorce papers if you file a sole divorce. Serving means giving the respondent the divorce papers so they know they have to respond.

The documents generally served include:

• A sealed copy of the divorce application and notice of divorce
• A sealed copy of the efiling affidavit
• A brochure about marriage, families, and separation
• A Letter of Acknowledgment (Divorce)
• Attached are relevant supporting documents

A passport, citizenship certificate, and concession card are exempt from serving documents related to identity and fees.

Can You Serve the Divorce Documents Yourself?

You cannot personally serve your spouse with court documents if they are being served by hand. It is necessary to arrange for someone over 18 to perform the service. This could be:

• A friend
• A family member
• A professional process server

The person serving the documents then needs to complete the appropriate Affidavit of Service.

How Long Before the Hearing Must Documents Be Served?

For a sole application, the Court currently requires service:

• At least 28 days before the hearing if your spouse is in Australia
• At least 42 days before the hearing if your spouse is overseas

Do You Need Children’s Documents to Apply for Divorce?

A divorce application must include details regarding the arrangements for any children under the age of 18 of the marriage.

The Court may ask about matters such as:

• Where the children live
• Their schooling
• Health
• Before and after school care
• Contact with each parent
• Financial support

Parenting arrangements are not automatically determined by your divorce application. The divorce order ends the marriage formally. It is a separate matter of family law to deal with parenting proceedings and parenting arrangements.

Do You Need Property or Financial Documents to File for Divorce?

You do not need to divide your home or savings to get divorced. Divorce and property settlement are two different legal processes. A divorce ends your marriage; a property settlement splits assets and debts. After a divorce is final, you usually have 12 months to start property order court proceedings.

FAQs

Can I get divorced if I cannot find my marriage certificate?

Potentially. You should first make reasonable attempts to obtain another copy. If you cannot obtain one, you may need an affidavit explaining the details of your marriage and why the certificate cannot be obtained.

Do I need proof that we have been separated for 12 months?

Applicants must have been separated for at least 12 months and one day before filing. Evidence is not necessarily required at the initial application stage simply to prove the separation date, but affidavit evidence may become necessary if the date is disputed or if separation under one roof applies.

What documents do I need if we separated but continued living together?

You will generally need an affidavit describing how your marital relationship changed despite living at the same address. Supporting affidavit evidence from an independent person may also be required or recommended depending on whether the application is sole or joint.

Do I need property documents to file for divorce?

Not generally for the divorce application itself. Divorce and property settlement are separate legal processes. However, strict time limits can apply to property proceedings after a divorce becomes final.

Can I file for divorce online in Australia?

Yes. For most of Australia, divorce applications are filed through the Commonwealth Courts Portal.

Get Help Preparing Your Divorce Documents

Knowing the right divorce documents in Australia can make applying easier. Most applications require a marriage certificate, an Application for Divorce, and an Affidavit for eFiling. There may be additional documents you need if you married overseas or lived together after separation. Extra paperwork may be required if you need to change your name, prove Australian residency, or file alone. Every situation is different, so it is wise to get advice before applying. Consult an experienced firm like us who can ensure your documents meet the requirements.