File a divorce application — preparation checklist (AU)
A divorce is a no-fault jurisdictional step — not a settlement of property or parenting. This checklist walks through the paperwork, evidence, and service requirements before filing the Application for Divorce.
This is a 12-step checklist for preparing to file a divorce application under the Family Law Act 1975 (Cth). It covers the 12-month separation threshold, jurisdictional grounds, evidence of marriage, service rules, and filing in the Federal Circuit and Family Court of Australia. Use it before issuing the Form 3 Application for Divorce.
The checklist
Confirm the 12-month separation period
Verify the parties have been separated for at least 12 months and one day before filing. Separation under one roof counts if properly evidenced.
Confirm jurisdictional connection to Australia
At least one party must be an Australian citizen, domiciled in Australia, or ordinarily resident for 12 months before filing.
Obtain a certified copy of the marriage certificate
Order an official certificate from Births Deaths and Marriages. Arrange a certified translation if not in English.
Prepare a separation-under-one-roof affidavit if relevant
If parties lived together during part of the separation period, prepare an affidavit from the applicant and an independent witness.
Decide sole vs joint application
Sole applications must be served on the respondent; joint applications do not require service but need both signatures.
Address children under 18
Confirm proper arrangements for care, welfare, and development of any children under 18. The court will not grant divorce without being satisfied.
Draft the Application for Divorce (Form 3)
Complete the Application for Divorce including party details, marriage particulars, separation date, and children information.
File through the Commonwealth Courts Portal
Lodge the application via the Commonwealth Courts Portal and pay the filing fee (or seek a reduction on eligibility grounds).
Arrange service on the respondent
For sole applications, arrange personal service (or acknowledgement of service) at least 28 days before the hearing for respondents in Australia.
File proof of service
File an Affidavit of Service and an Acknowledgement of Service (or Affidavit Proving Signature) before the hearing.
Prepare for the divorce hearing
The applicant only needs to attend where there are children under 18. Otherwise appearance is usually not required if documents are in order.
Diarise the divorce order taking effect
A divorce order becomes final one month and one day after it is made. Diarise the date; parties can only remarry after that date.
When this checklist applies
Use this checklist at first intake for a divorce-only matter, or when a property/parenting matter has reached the 12-month mark and the client now wants the divorce finalised.
Common pitfalls
- Filing before 12 months and a day of separation
- Missing the marriage certificate — common for overseas marriages
- Inadequate evidence of separation under one roof
- Failing to properly serve the respondent within required timeframes
- Confusing the divorce with property and parenting orders — they are separate processes
Run this checklist on a real matter
Quillio drafts Form 3 Applications for Divorce, identifies service and jurisdictional issues, and produces the separation-under-one-roof affidavit pack. See /practice-areas/family-lawyers or start a free trial.
This checklist covers a standard Australian divorce application. Complex jurisdictional issues or overseas marriages may require specialist advice.
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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