Completing the Application for Divorce: A Step-by-Step Guide

This document is a comprehensive guide to the divorce application process in Australia, specifically for the Family Court of Australia and the Federal Circuit Court of Australia. It outlines the necessary steps, from completing the application form to attending the hearing, and includes a glossary of leg...Read More

www.familylawcourts.gov.au
1300 352 000
It is important to read this kit before you complete the Application for
Divorce
Use this kit when asking for orders to
end a marriage
This kit includes:
 Glossary of legal words (inside front
cover)
 Step by step guide (page A)
 Helpful information (pages B-J)
 Checklist (page K)
 The Application for Divorce (pages 1-
7)
 Notice of Application (page 8)
 Where to file (inside back cover)
 Help in other languages (back cover)
FAMILY COURT OF AUSTRALIA
FEDERAL CIRCUIT COURT OF
AUSTRALIA
This kit provides general information only
and is not provided as legal advice. If you
have a legal issue, you should contact a
lawyer before making a decision about
what to do or applying to the Court. The
Family Law Courts cannot provide legal
advice.
Note: Applications for Divorce
(and certain accompanying
documents) can now be
electronically filed through the
Commonwealth Courts Portal
(www.comcourts.gov.au). For
more information see the
Commonwealth Courts Portal
User Guide, available at
www.familylawcourts.gov.au

Legal words used in court
Address for service – the address
given by a party where court
documents can be served on them by
hand, post or certain circumstances, by
fax or email.
Adjourn – defer or postpone a court
event to another day.
Affidavit – a written statement by a
party or witness. It is the main way of
presenting the facts of a case to the
Court. An affidavit must be sworn or
affirmed before a person who is
authorised to witness affidavits; for
example, a lawyer or Justice of the
Peace.
Applicant – the person who applies to
the Court for orders.
Court hearing – the date and time
when a case is scheduled to come
before the Court.
Divorce order – an order made by the
Court that ends a marriage. The
divorce order becomes final one month
and one day after it is made, unless it is
shortened by order of the Court. A copy
of the divorce order will be made
available to you, either by post or
through the Commonwealth Courts
Portal (if you are a registered user)
after the order has become final.
eFiling – the procedure of
electronically lodging a document
through the Commonwealth Courts
Portal
Family Law Act 1975 – the law in
Australia which covers family law
matters.
Family Law Courts – comprise the
Family Court of Australia and the
Federal Circuit Court of Australia.
Family law registry – a public area at
the Family Law Courts where people
can obtain information about the court
process and where parties file
documents in relation to their case.
Family violence – means violent,
threatening or other behaviour by a
person that coerces or controls a
member of the person’s family (the
family member), or causes the family
member to be fearful. A child is
exposed to family violence if the child
sees or hears family violence or is
otherwise exposed to family violence.
See the Family Law Act, section 4AB,
which gives examples.
Family violence may also amount to
abuse of a child. Abuse - in relation to
a child means,
(a) an assault, including a sexual
assault, of the child; or
(b)a person (the first person)
involving the child in a sexual
activity with the first person or
another person in which the child
is used, directly or indirectly, as a
sexual object by the first person
or the other person, and where
there is an unequal power in the
relationship between the child
and the first person; or
(c) causing the child to suffer serious
psychological harm, including
(but not limited to) when that
harm is caused by the child being
subjected to, or exposed to,
family violence; or
(d)serious neglect of the child.
Family violence order – an order
made under Commonwealth, state or
territory legislation to protect a person,
including a child, from violence.
Filing – the procedure of lodging a
document at a family law registry.
Judicial officer – a person who has
been appointed to hear and decide
cases; for instance, a judge.
Party or parties – a person or people
involved in a court case; for example,
the applicant and/or respondent.
Registrar – a court lawyer who has
been delegated power to perform
certain tasks; for example, grant
divorces, sign consent orders and
decide the next step in a case.
Respondent – a person named as a
party to a case. A respondent may or
may not respond to the orders sought
by the applicant.
Rules – a set of directions that outlines
court procedures and guidelines.
Sealed copy – a copy of a document
which has the original court seal
stamped on it.
Service – the process of delivering or
posting court documents to a party

after they have been filed, in
accordance with the rules of court.
Service ensures that all parties have
received the documents filed with the
Court.
Spouse – husband or wife.
Legal advice
You should seek legal advice before
deciding what to do. A lawyer can help
you understand your legal rights and
responsibilities, and explain how the
law applies to your case.
You can seek legal advice from a legal
aid office, community legal centre or
private law firm.
If you are an Aboriginal or Torres Strait
Islander, you can also contact your
local Aboriginal or Torres Strait
Islander legal service.
Court staff can help you with questions
about court forms and the court process,
but cannot give you legal advice.

Basic step by step guide
STEP 1 Apply
Complete an Application for Divorce. You (or your lawyer if you have one) can write or type
your details into the Application for Divorce. An electronic version of the Application for
Divorce is available at: www.familylawcourts.gov.au. Note: Applications for Divorce (and
certain accompanying documents) can now be electronically filed through the
Commonwealth Courts Portal (www.comcourts.gov.au). For more information see the
Commonwealth Courts Portal User Guide, available at www.familylawcourts.gov.au

STEP 2 Sign
 You must swear or affirm the Application for Divorce (Part G – Affidavit of applicant/s)
before a lawyer, Justice of the Peace or other person authorised to witness affidavits in
your state or territory.
STEP 3 Photocopy
 You must make two photocopies of the completed and signed Application for Divorce and
any supporting documents.
STEP 4 File
 You need to file, by hand or post, at a family law registry:
- the original and two photocopies of the Application for Divorce and any supporting
documents, and
- a copy of your marriage certificate.
 You also need to pay a fee or you may be eligible for a fee reduction. You can apply for
this by filing an Application for reduction of payment of divorce or decree of nullity form .
STEP 5 Receive a hearing date and documents
 The Court will give you a file number and a time and date for a hearing.
 Joint application – the Court will keep your original Application for Divorce and give you
and your spouse a sealed copy of the application and an information brochure ‘Marriage,
Families and Separation’.
 Sole application – the Court will keep your original Application for Divorce and give you
two copies of the sealed application and information brochure ‘Marriage, Families and
Separation’.
STEP 6 Receive a hearing date and documents
 If you applied for a divorce with your spouse (a joint application), you and your spouse
each keep a sealed copy of the Application for Divorce and the information brochure.
 If you applied for a divorce on your own (sole application), you must serve a sealed copy
of the Application for Divorce and the information brochure on your spouse:
- at least 28 days before the hearing date if your spouse is in Australia
- at least 42 days before the hearing date if your spouse is overseas.
 For more information on service, see the Divorce Service Kit.
STEP 7 Attend the hearing
 If there is no child of the marriage currently under 18, you are not required to attend the
hearing. This applies for both sole and joint applications
 If you make a joint application and there is a child of the marriage currently under 18,
neither you nor your spouse are required to attend the hearing.
 If you make a sole application and there is a child of the marriage currently under 18, you
must attend the hearing. In certain circumstances, you can apply to the Court in writing
to appear by telephone.
STEP 8 Outcome of hearing

 If your divorce application is successful, the Court will grant a divorce order. The order
becomes final one month and one day after it is made, unless it is shortened by order of
the Court. .
 A copy of the divorce order will be made available to you, either by post or through the
Commonwealth Courts Portal (if you are a registered user) after the order has become
final.
A

What you need to know
WHO CAN APPLY?
You – if you are applying for a divorce by yourself (sole application)
You and your spouse – if you are applying together (joint application)
You may prepare your own divorce application or ask a lawyer to do it for you.
WHEN CAN I APPLY?
You can apply for a divorce in Australia if either you or your spouse:
 regard Australia as your home and intend to live in Australia indefinitely, or
 are an Australian citizen by birth, descent or by grant of Australian citizenship, or
 ordinarily live in Australia and have done so for 12 months immediately before filing for
divorce.
You also need to satisfy the Court that you and your spouse have lived separately and apart
for at least 12 months, and there is no reasonable likelihood of resuming married life. It is
possible to live together in the same home and still be separated. For more information
about this, see page F.
YOUR RESPONSIBILITIES
You must make sure all your paperwork is organised before filing your divorce application.
The accuracy of documents is your responsibility, not the responsibility of the Court.
The questions asked in the Application for Divorce are to help make sure that you meet the
requirements of the Family Law Act 1975 and the rules of the Court. It is important to
answer all the questions; if you do not, your divorce application may be sent back to you. If
you need more information or are unsure about any questions, call 1300 352 000, email
[e-mail] or visit a family law registry near you
If you need more space to answer any questions, please attach an extra page/s to the back of
the Application for Divorce. If you use attachments, you need to put the question number at
the top of the extra page/s.
FILING
You need to file:
 the original and two photocopies of the Application for Divorce and any supporting
documents, and
 a copy of your marriage certificate.
You can file documents by hand or post at your nearest family law registry. Note:
Applications for Divorce (and certain accompanying documents) can now be electronically
filed through the Commonwealth Courts Portal (www.comcourts.gov.au). For more
information see the User Guide to eFiling Divorce Applications in Family Law, available at
www.familylawcourts.gov.au
In most situations, your case will be listed for a hearing at the location where you filed your
divorce application. Alternatively, you can ask the Court to list your case at a circuit location
visited by the Court. For more information about circuits, go to
www.familylawcourts.gov.au or call 1300 352 000.
FEES
In some cases a reduced fee may be sought for a divorce application, or decree of nullity, or
in respect of other fees, an exemption if you hold certain government concession cards or
can demonstrate financial hardship.

If you want to know more about fees, call 1300 352 000, email
[e-mail] or visit a family law registry near you.
B

PERSONAL SAFETY
If you fear for your safety or the safety of your children, you do not need to disclose your
residential address on the Application for Divorce. You may be required to provide more
information to the Court.
You must tell the Court about any pending, current or existing family violence orders, as
they may affect the orders the Court makes; see part E of the Application for Divorce.
If you have any concerns about your safety when attending court, please call 1300 352 000
or speak to staff at a family law registry before your court appointment or hearing. Options
for your safety at court will be discussed and arrangements put in place. More detail is in the
flyer ‘Do you have fears for your safety when attending court?’..
IF YOU ARE PLANNING TO REMARRY
You should not plan to remarry until the divorce order is finalised (in most cases, one month
and one day after the divorce hearing).
If you intend to remarry, you must give the marriage celebrant a Notice of Intended
Marriage at least one month before the wedding date, and comply with other requirements
of the Marriage Act 1961.
As soon as the divorce order is granted, the marriage celebrant may accept the Notice of
Intended Marriage. You must show a copy of the divorce order to the marriage celebrant
before the wedding can take place.
CHANGE OF ADDRESS OR NAME
If you change address after filing your divorce application, you must file a Notice of Address
for Service with the Court. You can get this form from www.familylawcourts.gov.au, by
calling 1300 352 000 or at your nearest family law registry.
If you change your name after filing your divorce application, you must inform the Court in
writing. If you have changed your name since the marriage (other than using your spouse’s
surname) you need to provide the Court with evidence of your change of name.
FAMILY RELATIONSHIP AND SEPARATION ISSUES
When you separate, you and your spouse need to make important decisions about the future
care of your children and how to divide your property, money and belongings. For help
working through and resolving these issues, go to Family Relationships Online at
www.familyrelationships.gov.au, call the Family Relationship Advice Line on 1800 050
321 or visit a Family Relationship Centre near you.
ARRANGEMENTS FOR CHILDREN, PROPERTY AND MAINTENANCE
The granting of a divorce does not decide issues about property and maintenance or
parenting arrangements for your children. If you want to make arrangements about these
issues you can:
 make an agreement with your spouse and file it with the Court, or
 seek orders from the Court, where you and your spouse cannot reach an agreement.
For parenting cases, you also have the option to make a parenting plan. For more
information about parenting plans, go to www.familyrelationships.gov.au, call 1800 050
321 or visit a Family Relationship Centre near you.
ELECTRONIC FILING OF APPLICATIONS FOR DIVORCE
Applications for Divorce (and certain accompanying documents) can now be electronically

filed through the Commonwealth Courts Portal (www.comcourts.gov.au). For more
information see the Commonweakth Courts Portal User Guide, available at
www.familylawcourts.gov.au
If you want to apply for maintenance for yourself or a division of property, you
must file a separate application within 12 months of the date the divorce
becomes final. Otherwise, you will need the Court’s permission to apply.
C
Help completing the Application for Divorce
QUESTION 1
You can apply for a divorce by yourself (sole application) or together with your spouse (joint
application). The spouse making a sole application is known as the applicant. The other
spouse is known as the respondent. For a joint application, the husband and wife are known
as joint applicants.
Sole application – if you are applying on your own, you need to answer all the questions
that relate to you and your spouse. If you do not know the answer and have made all
attempts to find the answer, insert ‘not known’. If you do not answer all the questions, your
divorce application may not be accepted by the Court and may be sent back to you.
Joint application – if you are applying together, all questions must be answered. There are
a number of ways this can be done:
 you and your spouse can sit down together and fill in the application, or
 one spouse may fill in the entire application and have the other spouse check it, or
 one spouse may answer most of the application, leaving aside the questions directly
relating to the other spouse, and have the other spouse answer the questions relating to
them.
The affidavit section (Part G) cannot be signed until all questions have been answered.
QUESTION 2
If there is no child of the marriage currently under 18, you are not required to attend
the hearing. This applies for both sole and joint applications.
If you make a joint application and there is a child of the marriage currently under
18, neither you nor your spouse are required to attend the hearing.
If you make a sole application and there is a child of the marriage currently under
18, you must attend the hearing.
In certain circumstances, you can apply to the Court in writing to appear by telephone. For
example, you live some distance from the Court, you have a illness or disability, the expense
with attending or safety concerns. For more information, email
[e-mail] or call 1300 352 000..
If you are required to attend the hearing and fail to do so, the Court may adjourn or
dismiss your application.
QUESTION 10
You need to provide an address where documents can be delivered or posted to you. This
may or may not be the address you provided in question 9. If you are the applicant, you must
provide an address for service in Australia.

If you have taken all reasonable steps to serve your divorce application on your spouse and
you are unable to do so, you can apply to the Court for:
 substituted service, or
 dispensation of service.
For more information, see the fact sheet ‘Are you having trouble serving your divorce
application?’.
D
QUESTION 11
To be eligible to apply for a divorce in Australia, you or your spouse must answer yes to at
least one of the four questions.
The fact that you were married in Australia is not grounds enough to apply for a divorce in
Australia.
If you were married overseas, you may still be entitled to apply for a divorce in Australia.
Sole application – if you are applying on your own, you must answer all the questions about
you and all the questions about your spouse, answering them to the best of your ability.
Joint application – if you are applying together, you and your spouse must answer all the
questions.
(a) Regard Australia as your home and intend to live indefinitely in Australia
Answer yes to this question only if you are lawfully present in Australia and you intend
continuing to live in Australia.
If you are applying on your own, you should not refer to the intention of your spouse
unless you can provide further information as to how you know what your spouse’s
intentions are.
(b) Australian citizen by birth or descent
In most situations, you are an Australian citizen if:
- you were born in Australia and at the time of your birth at least one parent was an
Australian citizen or a permanent resident, or
- you were born outside Australia and at least one parent was an Australian citizen and
registered your birth in Australia.
(c) Australian citizen by grant of an Australian citizenship
Answer yes to this question only if you have been granted a certificate of Australian
citizenship.
You must provide the Court with a copy of your Australian citizenship certificate,

Australian passport or other proof of citizenship.
(d) Ordinarily live in Australia and have done so for 12 months immediately before
filing for divorce
Answer yes to this question only if you have lived in Australia for a continual period of
12 months immediately before filing for divorce. You may still answer yes if you have
had temporary periods of absence from Australia; for example, an overseas holiday or
business trip.
QUESTION 12
You must provide the Court with a copy of your marriage certificate. If you do not have your
marriage certificate, you will need to get a copy. If you were married in Australia, you can
contact the Registry of Births, Deaths and Marriages in the capital city where you were
married.
If you cannot get a copy of your marriage certificate, you need to prepare an affidavit and file
it with the Court. You should seek legal advice about how to do this. The affidavit needs to
explain the details of your marriage and the reasons why you cannot get a copy of your
marriage certificate.
E
If your marriage certificate is not in English, you need to file:
 an English translation of it, and
 an affidavit from the translator which:
- states his or her qualifications to translate
- attaches a copy of the marriage certificate
- attaches the translated marriage certificate
- states that the translation is an accurate translation of the marriage certificate, and
- states that the attached copy of the marriage certificate is a true copy of the marriage
certificate translated.
You can get a copy of an Affidavit Translation of Marriage Certificate from
www.familylawcourts.gov.au, by calling 1300 352 000 or at your nearest family law
registry.
QUESTION 14
You cannot sign and file the Application for Divorce until you have been separated from your
spouse for at least 12 months. For example, if you separated on 7 November 2012 you
cannot apply for a divorce until 8 November 2013.
QUESTION 15
At least one spouse must regard the marriage as over on the date of separation and in some
way communicated this to the other spouse.

If you are applying on your own, you should not refer to the intention of your spouse unless
you can provide further information as to how you knew what your spouse’s intention was at
the time.
You should be prepared to provide the Court with information about what happened or what
was said on the date of separation to show that one or both of you intended to end the
marriage.
QUESTION 16
It is possible for you and your spouse to be separated but to continue living in the same
home during the 12 months before applying for divorce. This is known as ‘separation under
the one roof’. If this applies to your situation, you need to prove to the Court that you were
separated during this time
If you are applying for a divorce on your own, you must file an affidavit yourself. You should
also file an affidavit by an independent person; such as, a family member, friend or
neighbour.
If you and your spouse are applying together, you must each file a separate affidavit. If only
one of you is able to file an affidavit, then you should file an affidavit by an independent
person (see above).
In your affidavit, you need to prove that there has been a change in the relationship, gradual
or sudden, demonstrating you and your spouse have separated.
For more information, see the fact sheet ‘Separated, but living under the one roof?’.
F

QUESTION 17
The minimum period for separation is 12 months. You can, however, live together as
husband and wife for one period of up to three months after separating. If you separate from
your spouse for a second time, you can use the time before and after living together as
husband and wife to calculate the 12 month separation period.
Example one Example two
First separation for six months First separation for three months
Together again for three months Together again for two months
Final separation for six months Final separation for nine months
In both examples, the time of separation totals 12 months. If you and your spouse live
together as husband and wife for more than three months and separate for a second time,
you must start counting the 12 months separation again.
QUESTION 18
The Court can only grant a divorce if it is satisfied that:
 a marriage has broken down irretrievably (permanently), and
 there is no reasonable likelihood of the husband and wife resuming married life.
This means that if there is any chance of you and your spouse living together again as
husband and wife, the Court cannot grant a divorce.
QUESTION 19
If you have been married less than two years and want to apply for a divorce, you must
either:
 Attend counselling with a family counsellor or nominated counsellor to discuss the
possibility of reconciliation with your spouse
OR
 If you do not attend counselling, seek permission of the Court to apply for a divorce.
The two years is calculated from the date of the marriage to the date of applying to the
Court for a divorce. You and your spouse must also be separated for at least 12 months
before applying for a divorce.
For more information, see the fact sheet ‘Have you been married less than two years?’..
QUESTION 22
The Court can only grant a divorce if it is satisfied that:
 proper arrangements are made for all children currently under 18, or
 there are special reasons why the divorce should be granted even though proper
arrangements for all the children are not made.
This means that you need to provide information about who lives, spends time and
communicates with the children and about financial support, health and education for all
children who are currently under 18 listed on the Application for Divorce.
A child of the marriage includes:

 any child of you and your spouse, including children born before the marriage or after
separation
 any child adopted by you and your spouse, or
 any child who was treated as a member of your family prior to your final separation; for
example, a step-child or foster child.
G

You must provide the information individually for each child; for example, child one, child two and so on.
If you have more than four children, attach an extra page/s and answer the same questions for each
child.
If you cannot provide the information yourself, you should make all attempts to find out the
information. For example, by contacting the person with whom the child is living. If you cannot
provide the information requested, you should be prepared to tell the Court what attempts you have
made to obtain the information.
QUESTION 24, 25, 31 and 32
If you are not the child’s birth or adoptive parent/s and do not know who the child’s birth or adoptive
parent/s are, insert ‘not known’. You may need to provide the Court with more information.
QUESTION 26 and 33
You need to indicate who the child lives with for most of the time. This may be one or both parents or
some other significant person in the child’s life; for example, a grandparent or other relative.
QUESTION 27 and 34
Provide the address or addresses where the child lives for most of the time. If the child spends equal
time or substantial and significant time with both parents, provide both addresses.
QUESTION 28 and 35
It is important that you provide current details about the child. You only need to provide a short
statement. If you need more space, attach an extra page/s.
Time and communication with the child – state the amount and frequency of time the child spends
with the parent (or other significant person) with whom the child does not live. This time may be face
to face, telephone, emails, letters or other forms of communication.
Financial support – state who pays for the costs of raising the child; include details of any child
support or maintenance being:
 actually paid, or
 agreed, assessed or ordered to be paid and not being paid by any person with whom the child does
not live.
Health – provide details of the child’s health and any diagnosis, treatment or ongoing medical needs.
Education – state which school the child attends, the year level and how the child is progressing at
school.
QUESTION 29 and 36
You should include details of any significant changes planned in the foreseeable future. For example,
a change in living arrangements, schooling or financial support.

H

Service
If you have made a sole application, you must arrange to serve the following documents on your
spouse:
 a sealed copy of the Application for Divorce
 a copy of the ‘Marriage, Families and Separation’ brochure, and
 any other documents filed with the Court, except the copy of your marriage certificate.
Service is the process of delivering or posting court documents to a party after they have been
filed, in accordance with the rules of court. Service ensures that all parties have received the
documents filed with the Court.
There are two ways you can serve documents on your spouse. The documents may be served by:
 posting it to your spouse at their last known address, or
 arranging another person over 18 years of age to hand it to your spouse (you are not allowed to
serve the documents yourself).
If your spouse is in Australia, the documents must be served at least 28 days before the hearing date.
If your spouse is overseas, the documents must be served at least 42 days before the hearing date.
For more information about service, see the Divorce Service Kit. This kit provides a step by step service
guide and includes the forms required to serve your divorce application. To get a copy of the kit:
 go to www.familylawcourts.gov.au
 call 1300 352 000, or
 visit a family law registry near you.

I
Court hearing
The date and time of your court hearing is located on the top right hand corner of the
Application for Divorce. You should arrive at least 30 minutes early to give yourself plenty of
time to find the right courtroom. If you have any problems finding the right courtroom, ask
court staff.
You should bring all documents with you to court, including a copy of your Application for
Divorce and service forms (if applicable).
You can bring a family member or friend (who is over the age of 18) to sit with you and
provide support. Unless approved by the judicial officer or registrar, your support person
cannot sit with you at the bar table and cannot speak on your behalf.
Generally, courts are not appropriate places for children. Please make other arrangements
for your child’s care when you come to court.
Before you enter the courtroom you should:
 turn off electronic equipment, including mobile phones, and
 remove hats or sunglasses, unless for medical or religious reasons.
Do not bring any food or drink into the courtroom.
When you enter the courtroom, give your name to the person assisting the judicial officer or
registrar (either the court officer or associate). It is a good idea to ask them how you should
address the person hearing your divorce application. You refer to a judicial officer as ‘Your
Honour’ and a registrar as ‘Registrar’.
You should stand when the judicial officer or registrar enters and leaves the courtroom and
remain standing until he or she sits down. You should also stand, unless told otherwise,
whenever you are speaking to the judicial officer or registrar.
You should be aware that a number of cases will also be listed at the same time as your case.
The judicial officer or registrar will deal with each case individually, which usually takes
between 3-5 minutes. Once your case is dealt with, you are free to leave the courtroom.
If you have any concerns about your personal safety at court, please notify court staff.

The Family Law Courts and your privacy
The Family Law Courts respect your right to privacy and the security of your information.
You can read more about the Courts’ commitments and legal obligations in the fact sheet
‘The Family Law Courts and your privacy’. The fact sheet includes details about information
protection under the privacy laws and where privacy laws do not apply.
J

Checklist
Use the checklist to make sure you have done everything you need to do.
Tick if completed
HAVE YOU:
If you are applying on your own, answered all the questions that relate to you and your
spouse?
If you are applying together, answered all the questions that relate to both of you?
Indicated whether or not you wish to attend the court hearing?
Provided an address where documents can be delivered or posted to you? The applicant
must provide an address for service in Australia.
Answered yes or no to ALL the boxes that apply to both you and your spouse about
citizenship, residency and where you usually live? You may need to provide the Court
with a copy of your Australian citizenship certificate, Australian passport or other proof
of citizenship.
Given the details of your marriage date and place exactly as they are shown on your
marriage certificate? You need to provide the Court with a copy of your marriage
certificate when you file your divorce application.
If your marriage certificate is not in English, filed an English translation of it and an
affidavit from the translator?
If you and your spouse have lived under the one roof for any time during the 12 month
separation period, prepared an affidavit yourself and also arranged for an independent
person to prepare an affidavit?
If it has been less than two years since you married, participated in the required
counselling and attached the signed counselling certificate or prepared an affidavit?
Provided details of any other court cases or orders concerning you and your spouse or the
children?
Provided information for each child currently under 18? If more than four children, have
you attached extra pages?
Signed the Application for Divorce before a lawyer, Justice of the Peace, or other person
who is authorised to witness affidavits in your state or territory?
If you are applying on your own, completed the Notice of Application for Divorce?
Organised the appropriate fee or completed an Application for a Reduction of Court Fees
form?
Made two photocopies of the completed and signed Application for Divorce and any

supporting documentation?
You should tick all the boxes that relate to your case before you file your
Application for Divorce with the Court.
K

APPLICATION FOR DIVORCE
Filed in:
Federal Circuit Court of Australia
Family Court of Australia
Family Court of Western Australia
Other (specify):
Client ID
File number
COURT USE ONLY
Filed at
Filed on
Court location
Court date
Court time
Part A The applicant/s
1. Who is/are
making this
application?
Husband Wife Husband and Wife together
(joint)
Husband Wife
2a. Do you want
to attend the
hearing?
It may be
compulsory for you
to attend.
Yes No Yes No
2b. If yes, will
you need an
interpreter at
the hearing?
Yes No
If yes, state language and
dialect:
Yes No
If yes, state language and dialect:
Part B Husband and Wife
Husband Wife
3. Family name
as used now
Romano James
4. Full given
names
Dimi Romano Chloe James
5. Date of birth
(day / month /
year)
11 / 04 / 1990 07 / 10 / 1990
6. Country of
birth
Italy Australia
7. If born
outside
Australia,
date you
started living
/ / / /
8. What is your
occupation?
Unemployed TAFE student/housewife –
receives Austudy payments
Note: Applications for Divorce (and certain
accompanying documents) can now be electronically
filed through the Commonwealth Courts Portal
(www.comcourts.gov.au). For more information see
the Commonwealth Courts Portal User Guide, available
at www.familylawcourts.gov.au

9. Residential
address
If you have safety
concerns, you do
not need to
disclose a
residential
10 Edwards Street,
Essendon
10 Edwards Street, Essendon
State Victori
a
Postcod
e
3040 State Victoria Postcod
e
3040
Phone ( ) Phone ( ) 0001 123 123
10. Address
for service
Page D – Divorce
Kit
Same as residential address
Lawyer’s address (below)
Other address (below)
Same as residential address
Lawyer’s address (below)
Other address (below)
If you do not have
a service address
for your spouse
and have taken all
reasonable steps
to find it, insert
‘not known’. Stat
e
Postcod
e
State Postco
de
Name of
lawyer
(if applicable)
Name of law
firm
(if applicable)Lawyer’s
code
Phone ( ) ( )
Fax ( ) ( )
DX
Email
Part C Jurisdiction
Husband Wife
11. Mark yes or
no to each
statement
below
The
Husband/Wife(a) regards
Australia as
his/her home
and intends
to live
indefinitely in
Yes No Yes No
(b) is an
Australian
citizen by
birth or
Yes No Yes No
(c) is an
Australian
citizen by
grant of
Yes No Yes No
(d) ordinarily
lives in
Australia &
has done so
for 12 months
immediately
before filing
this
Yes No Yes No

Part D Marriage and separation
12. Date and place of marriage on
your marriage certificate (day /
month / year)
Pages E & F – Divorce Kit
Date 01 / 02 / 2015
Town/city Sicily
Country Italy
13. Full names of both parties as
they appear on the marriage
certificate
Husband Chloe James
Wife Dimi Romano
14. Date of separation (day / month /
year)
Page F – Divorce Kit
Date 23 / 04 / 2017
15a. At the date of separation, did
you regard the marriage as over?
Page F – Divorce Kit
Husband Yes No
Wife Yes No
15b. If you answered no to question
15(a), on what date did you
regard the marriage as over?
(day / month / year)
Husband Date / /
Wife Date / /
16a. Since the date of separation,
have you and your spouse lived
together in the same home but
not as husband and wife?
Yes No
16b. If you answered yes to
question 16(a), give dates of
each period you and your spouse
lived together in the same home
after separation. (day / month / year)
If relying on any period outlined here as part
of the 12 months separation, go to Page F –
Divorce Kit.
From 23 / 04 / 2017
to 17 / 03 / 2018
From / /
to / /
17a. Since the date of separation,
have you and your spouse lived
together as husband and wife?
Yes No
17b. If you answered yes to
question 17(a), give dates of
each period you and your spouse
lived together as husband and
wife.
(day / month / year)
If relying on any period outlined here as part
From / /
to / /
From / /
to / /
18. Do you think it is likely that you
and your spouse will live
together again as husband and
wife?
If yes, go to Page G – Divorce Kit.
Yes No
19. At the date of filing this
application, is it less than two
years since you married?
If yes, go to Page G – Divorce Kit.
Yes No

Part E Other court cases
20. Are there any current or
pending cases in this or
any other court about
family law, child support,
family violence, or abuse
in relation to a child
(including orders which
have applied to a child
or a member of the
child’s family), or child
Yes No
If yes, provide the following details for each current
or pending case. Attach extra pages as required.
Court name and place
Next court date / /
Names of parties and/or
childrenBrief summary of current or
pending case/s
21. Are there any existing
orders, binding
agreements, parenting
plans or undertakings to
a court about family law,
child support, family
violence, or abuse in
relation to a child
(including orders which
have applied to a child
or a member of the
No
Yes, attach document/s
Yes, provide the following details for each item.
Attach extra pages as required.
Court name and place (if
applicable)
Date / /
Names of parties and/or
childrenDetails of the order, binding
agreement, parenting plan
or undertaking
Part F Children

22. Are there any children currently under 18 who:
(a) are children of you and your spouse? Yes No
(b) were treated as members of your family when you and your spouse
separated? Yes No
Page G – Divorce Kit
If you answered no to both question 22 (a) and (b), go to Part G and remove pages 5-6
If you answered yes to either question 22 (a) or (b), indicate the total number of
Family name Given names Date of birth
(day / month / year)
Gender
(M/F)
Child
1
Romano Eva Romano 07 / 03 / 2016 F
Child
2
/ /
Child
3
/ /
Child
4
/ /
Child 1 Child 2
23. Name of child Eva Romano
24. Name of father
Page H – Divorce
Kit
Dimi Romano
25. Name of
mother
Page H – Divorce
Chloe James
26. Who does the
child live with?
Page H – Divorce
Husband Wife
Other (specify):
Husband Wife
Other (specify):
27. Child’s
address
If the child lives at
more than one
address, please
include both
addresses.
Page H – Divorce
Kit
If you have safety
concerns, you do
not need to disclose
a residential
address.
Page C – Divorce Kit
Address 1
Husband Wife
Other (specify):
Address 1
Husband Wife
Other (specify):
State Postco
de
State Postco
deAddress 2
Husband Wife
Other (specify):
Address 2
Husband Wife
Other (specify):
State Postco
de
State Postco
de28. Current details
for the child
Page H – Divorce
Kit
Time and
communicatio
n with the
child
Shared communication

Financial
support
Shared finances
Health No health issues
Education Not started yet
29. Do you plan to
make any
changes to
these current
arrangements?
Yes No
If yes, attach extra pages
providing details of significant
changes planned.
Yes No
If yes, attach extra pages
providing details of significant
changes planned.
Child 3 Child 4
30. Name of child
31. Name of father
Page H – Divorce
Kit
32. Name of
mother
Page H – Divorce
33. Who does the
child live with?
Page H – Divorce
Husband Wife
Other (specify):
Husband Wife
Other (specify):
34. Child’s
address
If the child lives at
more than one
address, please
include both
addresses.
Page H – Divorce
Kit
If you have safety
concerns, you do
not need to disclose
a residential
address.
Page C – Divorce
Kit
Address 1
Husband Wife
Other (specify):
Address 1
Husband Wife
Other (specify):
State Postco
de
State Postco
deAddress 2
Husband Wife
Other (specify):
Address 2
Husband Wife
Other (specify):
State Postco
de
State Postco
de35. Current details
for the child
Page H – Divorce
Kit
Time and
communicatio
n with the
child

Financial
support
Health
Education
36. Do you plan to
make any
changes to
these current
arrangements?
Yes No
If yes, attach extra pages
providing details of significant
changes planned.
Yes No
If yes, attach extra pages
providing details of significant
changes planned.

Part G Affidavit of applicant/s
Do not swear or affirm this affidavit until:
1. you and your spouse have been separated for at least 12 months, and
2. you are with a person who is authorised to witness your signature.
If you are applying as a sole applicant, you only need to sign your part of the affidavit.
You do not have to ask or arrange for your spouse to sign his or her part of the
affidavit.
If you are applying as husband and wife together, each person must sign their part of
the affidavit. You may do so at different times and before different witnesses or
before the same witness at the same time.
Husband
I swear / affirm that:
1. I am the applicant.
2. I have read this application.
3. The facts of which I have personal
knowledge are true.
4. All other facts are true to the best of
my knowledge, information and belief.
Wife
I swear / affirm that:
1. I am the applicant.
2. I have read this application.
3. The facts of which I have personal
knowledge are true.
4. All other facts are true to the best of
my knowledge, information and belief.
Signature Signature
Place
Date / /
Place Victoria
Date 17 / 03 / 2018
Before me (signature of witness) Before me (signature of witness)
Full name of witness (print name) Full name of witness (print name)
Lawyer
Justice of the Peace
Other (specify):
Lawyer
Justice of the Peace
Other (specify):
Part H Lawyer’s declaration
If you are representing yourself for this application, you do not need to sign this part.
However, make sure you receive a copy of the information brochure ‘Marriage,
Families and Separation’. Registry staff will provide you with a copy when you file
your application.
If a lawyer is representing you for this application, then your lawyer must give you a
copy of the brochure ‘Marriage, Families and Separation’ and complete and sign the
declaration below.

I gave the applicant/s a copy of the brochure ‘Marriage, Families and
Separation’.
Signature of lawyer
Full name of lawyer:
Date: 17 / 03 / 2018
0313 V!

Notice of Application for Divorce
You only need to complete this notice if you have made a sole application. Once you have
printed the name and address of your spouse, attach this notice to the front page of the
Application for Divorce to be served on your spouse.
To (name of spouse) Chloe James
Contact address (address for service) 10 Edwards Street, Essendon
TO THE RECIPIENT OF THIS NOTICE
In the attached application your spouse is applying for divorce. The Court has set
down the hearing of this application at the time and place shown on page one of
the Application for Divorce.
What steps you need to take
1 You should sign, date and return the Acknowledgment of Service (Divorce) to the
person who served the Application for Divorce on you.
2 You should check the details given by your spouse in the application to make sure
they are correct to the best of your knowledge. You should also carefully read the
enclosed brochure ‘Marriage, Families and Separation’. It sets out the legal and
possible social effects of divorce and the services provided to families by the Family
Law Courts and other government and community agencies.
3 If you want the divorce granted, you do not have to go to court or do anything else. A
copy of the divorce order will be made available to you, either by post or through the
Commonwealth Courts Portal (if you are a registered user) after the order has become
final.
4 If you want the divorce granted but disagree with facts in the application, you may file
a Response to Divorce. You need to outline which facts you disagree with in the
Response to Divorce. You do not need to attend the hearing.
5 If you do not want the divorce granted, you must file a Response to Divorce. You need
to outline the reasons why you oppose the divorce in the Response to Divorce. You
should attend the hearing. If you do not attend, the Court may decide the divorce
application in your absence.
In certain circumstances, you can apply to the Court in writing to appear by
telephone. For example, you live some distance from the Court, you have a illness or
disability, the expense with attending or safety concerns. For more information, email
[e-mail] or call 1300 352 000.
Response to Divorce
If you want to file a Response to Divorce, you need to file it at a family law registry:
 if served in Australia – within 28 days of the application being served, or
 if served outside of Australia – within 42 days of the application being served.
After filing the Response to Divorce with the Court, you must serve a copy of it on your
spouse in accordance with the rules of the Court. You can get a copy of this form from
www.familylawcourts.gov.au, by calling 1300 352 000 or at your nearest family law
registry.
Property and maintenance
If you want to apply to the Court about property or your own maintenance, you must file a separate application
within 12 months of the date the divorce becomes final. Otherwise, you will need the Court’s permission to apply.
Signature of registry officer Print full name Date

Where to file your divorce application
You can file your divorce application, in person or by post, at any one of the
following family law registries.
AUSTRALIAN CAPITAL TERRITORY
Canberra
(Nigel Bowen Commonwealth Law
Courts
Cnr University Ave and Childers St
Canberra ACT 2600
GPO Box 9991 Canberra ACT 2601
NEW SOUTH WALES
Albury
Level 1, 463 Kiewa St Albury NSW
2640
PO Box 914 Albury NSW 2640
Dubbo
Cnr Macquarie and Wingewarra Sts
Dubbo NSW 2830
PO Box 1567 Dubbo NSW 2830
Lismore
Level 2, 29–31 Molesworth St Lismore
NSW 2480
PO Box 9 Lismore NSW 2480
Newcastle
61 Bolton St Newcastle NSW 2300
PO Box 9991 Newcastle NSW 2300
Parramatta
1–3 George St Parramatta NSW 2123
PO Box 9991 Parramatta NSW 2123
Sydney
(Lionel Bowen Commonwealth Law
Courts)
97–99 Goulburn St Sydney NSW 2000
GPO Box 9991 Sydney NSW 2001
Wollongong
Level 1, 43 Burelli St, Wollongong
NSW 2500
PO Box 825 Wollongong NSW 2500
NORTHERN TERRITORY
Alice Springs
Centrepoint Building
Level 1, Hartley St Alice Springs NT 0870
PO Box 9991 Alice Springs NT 0871
Darwin
(TCG Building Commonwealth Law Courts)
80 Mitchell St Darwin NT 0800
GPO Box 9991 Darwin NT 0800
QUEENSLAND
Brisbane
(Harry Gibbs Commonwealth Law Courts)
119 North Quay Brisbane QLD 4000
PO Box 9991 Brisbane QLD 4001
Cairns
Level 3 and 4, 104 Grafton St Cairns QLD
4870
PO Box 9991 Cairns QLD 4870
Rockhampton
46 East St (Cnr Fitzroy St) Rockhampton
QLD 4700
PO Box 9991 Rockhampton QLD 4700
Townsville
Level 2, Commonwealth Centre, 143 Walker
St Townsville QLD 4810
PO Box 9991 Townsville QLD 4810
SOUTH AUSTRALIA
Adelaide
(Roma Mitchell Commonwealth Law Courts)
3 Angas St Adelaide SA 5000
GPO Box 9991 Adelaide SA 5001
TASMANIA
Hobart
(Edward Braddon Commonwealth Law
Courts)
39–41 Davey St Hobart Tas 7000
GPO Box 9991 Hobart Tas 7001
Launceston
Level 3, ANZ Building, Cnr Brisbane &
George Sts Launceston Tas 7250
PO Box 9991 Launceston Tas 7250

VICTORIA
Dandenong
53–55 Robinson St Dandenong Vic
3175
PO Box 9991 Dandenong Vic 3175
Melbourne
(Owen Dixon Commonwealth Law
Courts
305 William St Melbourne Vic 3000
GPO Box 9991 Melbourne Vic 3001
WESTERN AUSTRALIA
Perth
Family Court of Western Australia
150 Terrace Rd Perth WA 6000
GPO Box 9991 Perth WA 6848
08 9224 8222

Help in other languages
If you need to contact the Family Law Courts, call the Translating and
Interpreting Service on 13 14 50. This is a free service.
If you need an interpreter to assist you at court, please tell court staff at least
one week before your court appointment or hearing. Court staff will arrange
a professional and independent interpreter to assist you free of charge.

DIVKIT. -0313 V1