Getting a divorce online in Australia is fairly easy once you know which application to use. In a sole application, one spouse files the application and becomes the applicant, and in a joint application, both spouses apply. The choice matters because each application has different requirements. Before starting your online divorce application, check that you meet Australia’s divorce requirements. You typically need to have been separated for at least 12 months and 1 day. You also need to meet Australia’s eligibility requirements to apply for divorce.
What Is an Online Divorce Application?
An online divorce application is basically an electronic copy of the Divorce Application that you file through the Commonwealth Courts Portal. Eligible people can use this form to provide data to the Federal Circuit and Family Court of Australia. Online divorce applications are not different from in person divorce applications; they are simply electronic filings. When you start the application, you will choose if it is a sole or joint application.
What does the online application ask for?
You will generally provide information about:
- You and your spouse
- Your marriage
- Your separation
- Your eligibility to apply in Australia
- Any children under 18
- Previous divorce or marriage information where relevant
- Supporting documents
- Your preferred court location and hearing arrangements
To file for divorce online, have your marriage certificate and other documents ready. You will use the Court’s Application for Divorce and select the type that fits your situation. Remember, an online divorce application does not mean a special form is required.
Which Online Divorce Application Should You Choose?
There are two options:
- Sole application
- Joint application
Your choice depends mainly on whether your spouse is participating in the divorce application.
Sole Divorce Application
A sole application is when one spouse files for divorce on their own, called the applicant, while the other spouse is the respondent. Only the applicant signs the papers. After filing, the applicant must serve the divorce documents on the respondent, following specific court rules and deadlines.
A sole application works well if:
- Your spouse does not want to file jointly
- They refuse to take part
- You want to handle it yourself
- Communication is limited
The respondent usually does not need to agree to the sole application, but they can respond and oppose the divorce in some cases.
Joint Divorce Application
Both spouses submit a joint application when they agree to divorce. One spouse starts the online application and shares it with the other for review. Both must sign the Affidavit for eFiling, which a lawyer or Justice of the Peace must witness. This process is convenient because the spouses do not need to serve each other formally. A joint application works well when both agree to the divorce and want to complete it together.
Sole vs Joint Divorce Application: Key Differences
The choice between a sole and joint application affects what happens after filing.
| Issue | Sole application | Joint application |
| Who files? | One spouse | Both spouses |
| Applicant status | Applicant + respondent | Joint applicants |
| Both spouses sign? | No | Yes |
| Consent to file jointly needed? | No | Yes |
| Service required? | Generally yes | No |
| Respondent involved in filing? | No | Yes |
| Suitable when spouses cooperate? | Yes, but not necessary | Yes |
| Online application | Same application | Same application |
The main difference is how documents are served. Documents should be received by the other spouse 28 days before the hearing if one spouse lives in Australia. If the spouse lives overseas, documents usually need to be served at least 42 days before the hearing.
This makes the joint application simpler when both spouses are willing to cooperate. However, choosing a joint application simply because it appears easier is not necessary.
What Are the Requirements Before Applying Online?
Choosing the correct application is only one part of the process. You must also meet the requirements for an Australian divorce.
The main requirements include:
- You or your spouse must meet the Australian eligibility rules
- The marriage must have broken down irretrievably
- You must have been separated for at least 12 months and 1 day
- There must be no reasonable likelihood of resuming the marriage
- You generally need to provide your marriage certificate
The Court states that there are several ways to establish eligibility in Australia. You must meet the 12 month requirement. You usually cannot sign and file your application until you have completed this separation period. Living in the same home does not automatically mean you are not separated. Australian law recognizes that spouses can be separated even while living together. However, you may need to provide additional evidence.
What Documents Do You Need for an Online Divorce Application?
Preparing documents before you start can make the online application easier. The exact documents depend on your circumstances.
Marriage Certificate
You usually need a copy of your marriage certificate. Make sure it is notarized if it is not in English. If you cannot get a certificate, explain why. A photo or informal copy might not be accepted, so check the court’s current requirements before filing.
Affidavit for eFiling Application
Part of the online divorce process is the Affidavit for an e-Filing Application. For a sole application, the applicant must sign it. For a joint application, both applicants must sign it. Each signature must be witnessed by a lawyer or a Justice of the Peace. The wrong signature on an affidavit can cause problems with filing.
Additional Documents in Special Circumstances
In some cases, you might need extra evidence. For instance, if you and your spouse lived together during the separation, both of you should submit affidavits, along with support from a third party. You may need more documents if you cannot find your spouse or if other special circumstances apply.
How to Start an Online Divorce Application
The application is completed through the Commonwealth Courts Portal.
A simplified process is:
- Register or log in to the Commonwealth Courts Portal
- Select Start a new file
- Select Application for Divorce
- Select the appropriate court
- Create and save your application
- Complete Parts A to F
- Upload required documents
- Review the application carefully
- Lock the application
- Print the documents requiring signatures
- Have the affidavit witnessed correctly
- Upload the signed affidavit
- Read the required Marriage, Families and Separation brochure.
- Submit the application
- Pay the filing fee unless a fee reduction applies
- Complete service if you filed a sole application
Check every answer before locking the application. Once locked, changes cannot be made through the normal editing process.
How Much Does an Online Divorce Application Cost?
Starting from July 1, 2026, the divorce filing fee in Australia is $1,170, with a reduced fee of $390 for those who qualify. Joint applicants must both meet the criteria for the reduced fee; otherwise, the full fee applies. You can apply for a fee reduction if paying the full amount would cause financial hardship, but the Court may ask for supporting evidence. Always check the current fee before filing.
Common Mistakes When Filing Online
An online divorce application can still be rejected, delayed or require corrections if information or documents are incomplete.
Common mistakes include:
- Choosing the wrong application type
- Entering an incorrect separation date
- Filing before 12 months and 1 day have passed
- Uploading an incorrect marriage certificate
- Failing to provide required supporting documents
- Incorrectly witnessing the affidavit
- Forgetting to serve a sole application
- Missing service deadlines
- Entering incorrect information about children
- Failing to check the application before locking it
A divorce application does not finalize property or financial matters, nor determine child support arrangements. Separate applications may be needed for those issues. Please include details about your children’s living arrangements, schooling, health, contact with each parent, and financial support if they’re under 18. Review your answers carefully before submitting to avoid corrections later.
FAQs
Can I apply for divorce online without my spouse?
You can generally make a sole divorce application without your spouse filing with you. You will normally need to serve the divorce documents on your spouse after filing.
Do both spouses sign a joint divorce application?
Yes. Both joint applicants must sign the required Affidavit for eFiling Application, with their signatures witnessed by a lawyer or Justice of the Peace.
Can I apply if we still live together?
Australian law recognises that spouses may be separated while living in the same residence. However, you may need to provide additional affidavit evidence about the separation.
Do I need a lawyer to file an online divorce application?
The Court states that you may prepare your own divorce application or ask a lawyer to prepare it for you. A lawyer may still be useful if your circumstances are complicated or you need advice about related family-law issues.
Does online divorce settle property and parenting matters?
A divorce order only legally ends the marriage. It does not automatically resolve property division, financial support or parenting arrangements.
Conclusion
Choosing the right online divorce application is an important first step when filing for divorce in Australia. The Court has one online Application for Divorce. You can choose a sole application or a joint application, depending on your situation. Before you file, make sure you meet the eligibility requirements. You must have been separated for at least 12 months and 1 day, and you should have your documents ready. Check the current filing fee and any requirements for fee reductions. For the most accurate and up-to-date information, refer to the official divorce guidance from the Federal Circuit and Family Court of Australia and the Commonwealth Courts Portal.