FCFCOA divorce application preparation checklist
Divorce in Australia is governed by Part VI of the Family Law Act 1975. The application is made to the FCFCOA via the Commonwealth Courts Portal. This checklist runs through the standard preparation steps.
This is a 12-step checklist for preparing a divorce application in the Federal Circuit and Family Court of Australia. It covers eligibility, document gathering, the Form 1, service requirements, and hearing preparation.
The checklist
Confirm 12-month separation
Verify the parties have been separated for at least 12 months and one day before filing.
Decide sole or joint application
A joint application is filed by both parties together. A sole application is by one party and requires service.
Obtain certified marriage certificate
Obtain a certified copy of the marriage certificate. If not in English, obtain an official translation.
Identify children of the marriage
List all children of the marriage under 18, including step-children and adopted children.
Document arrangements for children
Document the current arrangements for the care, welfare, and development of any children under 18.
Address separation under one roof (if applicable)
If the parties separated while still living together, gather affidavit evidence from third parties confirming the end of the marital relationship.
Complete Form 1
Complete the Application for Divorce form via the Commonwealth Courts Portal.
Pay the filing fee
Pay the standard divorce filing fee, or apply for a fee reduction if eligible.
File the application
Lodge the application via the Commonwealth Courts Portal.
Serve the application (sole only)
For sole applications, serve the sealed application on the other party at least 28 days before the hearing (42 days if overseas).
File proof of service
For sole applications, file proof of service with the court before the hearing.
Attend the hearing if required
Attendance is required if there are children of the marriage under 18. Otherwise, attendance is generally optional.
When this checklist applies
Use this checklist at the start of any FCFCOA divorce application — typically when first instructed by a client wanting to formalise the end of their marriage.
Common pitfalls
- Filing before the 12-month separation has fully elapsed
- Missing the certified marriage certificate
- Not addressing children's arrangements in the application
- Failing to serve sole applications correctly within the timeframe
- Forgetting to attend the hearing when children are under 18
Run this checklist on a real matter
Quillio drafts FCFCOA Form 1 divorce applications, prepares any supporting affidavits, and verifies current FCFCOA filing requirements. See /practice-areas/family-lawyers or start a free trial.
This checklist is a general guide for FCFCOA divorce applications. Adapt for matters with international elements, contested issues, or complex children's arrangements.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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