How to file for divorce in the ACT
Divorce applications in the ACT are filed with the Federal Circuit and Family Court of Australia (FCFCOA) online via the Commonwealth Courts Portal. You must have been separated for 12 months, file a Form 1, pay the filing fee, and serve a sole application on the other party. The divorce usually takes effect 4-6 months after filing.
The framework
Divorce is governed by Part VI of the Family Law Act 1975 (Cth). The FCFCOA has jurisdiction under the Federal Circuit and Family Court of Australia Act 2021 (Cth). Section 48 of the Family Law Act requires 12 months of separation before filing.
The process
Confirm the 12-month separation requirement
Ensure you have been separated from your spouse for at least 12 months and one day. Separation under one roof is possible with supporting affidavit evidence.
Choose a sole or joint application
Joint applications are made by both parties and do not require service. Sole applications are made by one party.
Register on the Commonwealth Courts Portal
Create an account on the portal and link your matter. Filing is electronic.
Complete the Form 1 Application for Divorce
Provide marriage details, separation date, and arrangements for any children under 18 of the marriage. Upload supporting documents.
Attach a certified copy of the marriage certificate
Include a certified copy of the marriage certificate. If it is not in English, include an English translation and translator's affidavit.
Pay the filing fee
Pay the standard FCFCOA filing fee. A reduction is available for concession cardholders or where payment would cause financial hardship.
File through the portal
Submit the completed Form 1 and attachments. You will receive a sealed copy and a hearing date.
Serve a sole application
Serve the sealed application on the respondent at least 28 days before the hearing (42 days if overseas). File an affidavit of service.
Attend the hearing if required
Attendance is required where there are children under 18 in a sole application. Attendance may be in person, by phone, or video.
Receive the divorce order
The divorce order takes effect one month and one day after the hearing. Download the divorce certificate from the portal for future use.
Forms and templates
- Application for Divorce (Form 1)
- Affidavit of Service
- Affidavit — Separation Under One Roof
Common mistakes
- Filing before 12 months and one day of separation
- Omitting a certified marriage certificate or translator's affidavit
- Not providing details of arrangements for children under 18
- Incorrect or late service of a sole application
- Not attending the hearing where children under 18 are involved
Get this process right with Quillio
Quillio can draft the Form 1, separation-under-one-roof affidavits, and affidavits of service for ACT applicants. See /practice-areas/family-lawyers or start a free trial at /free-trial.
This guide is general information — not legal advice. The FCFCOA may update its forms, rules, and fees. Divorce does not resolve property or parenting — obtain legal advice for those matters separately.
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Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no credit card.
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