Filing a divorce application in the FCFCOA
A divorce only ends the marriage — it does not resolve property or parenting. The application is filed electronically and, where there are children of the marriage under 18, the court must be satisfied proper arrangements are in place.
This is an 8-step workflow for filing a divorce application in the Federal Circuit and Family Court of Australia. It covers sole and joint applications and assumes 12 months separation has been met.
Before you start
- Parties have been separated for at least 12 months
- At least one party is an Australian citizen, domiciled in Australia, or ordinarily resident here for 12 months
- A copy of the marriage certificate is available
- Where there are children under 18, arrangements for their care have been considered
The workflow
Confirm jurisdictional requirements
Confirm the 12-month separation period under s 48 and jurisdictional connection under s 39(3). Document separation date and any reconciliation attempts under three months.
Decide sole or joint application
Discuss with the client whether to file a sole or joint application. Joint applications do not require service and are usually cheaper and faster where both parties agree.
Gather supporting documents
Collect the marriage certificate (or certified translation if in another language), proof of citizenship or residency, and evidence of arrangements for any children under 18.
Draft the Application for Divorce
Complete the Application for Divorce through the Commonwealth Courts Portal. Include separation details, jurisdictional basis, and details of any children.
Address separation under one roof (if applicable)
Where parties separated but lived under the same roof, prepare supporting affidavits from the client and an independent witness addressing the change in the nature of the relationship.
File and pay the filing fee
File the application electronically through the Commonwealth Courts Portal and pay the filing fee (or lodge a fee reduction application if eligible).
Serve the other party (sole applications)
For sole applications, serve the sealed application and court date at least 28 days before the hearing (42 days if served overseas). File an affidavit of service.
Attend the hearing and obtain divorce order
Attend the divorce hearing by phone or video if children are under 18, otherwise attendance is usually not required. The divorce order takes effect one month and one day after it is made.
What you will have at the end
A divorce order that takes effect one month and one day after it is made, ending the marriage. Property and parenting orders are separate processes and must be commenced within 12 months of the divorce taking effect.
Common issues
- Forgetting the 12-month time limit to commence property proceedings after divorce
- Insufficient evidence for separation under one roof applications
- Failing to serve within the required timeframe
- Incorrect or missing marriage certificate translations
- Not addressing proper arrangements for children under 18
Run this workflow on a real matter
Quillio prepares the divorce application, flags the s 48 requirements, and drafts separation under one roof affidavits from your client notes. See /practice-areas/family-lawyers or start a free trial.
This workflow is a general guide. Adapt it for the specific circumstances of your matter and always confirm the current FCFCOA forms and filing requirements.
Try this workflow with Quillio.
Quillio can run this workflow on a real matter, with citations to current AU authority on every step. The free trial requires no credit card.
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