You may be required or need to file further documents to support your application for divorce. The following documents can be eFiled on the Commonwealth Courts Portal. If you need help with eFiling contact us by Live Chat during business hours or by email so we can provide you with the appropriate information.
Select the relevant document below for more information:
You may need to file an affidavit to support information in your application. You should also read Preparing an Affidavit for further information. You will need to complete the form and sign it before an authorised witness before you eFile it. If you are filing an affidavit/s because you and your spouse have been living at the same address 12 months prior to filing your application go to Separated but living under the one roof for more information.
You may have been asked by the court to re-file your Affidavit of efiling because it was not signed before an accepted witness or you need to re-file it.
If you need to re-swear it, you will need to have the affidavit re-sworn/affirmed before an accepted witness. Accepted witnesses in all states and territories is a Justice of the Peace (JP) or a lawyer. Each state and territory, except for NSW, has legislation in relation to other accepted witnesses. For more information on other accepted witnesses you should check with the state/territory justice department.
To find a Justice of the Peace go to http://www.australia.gov.au/topics/law-and-justice/justices-of-the-peace.
If you are overseas a Notary Public or an Australian Diplomatic/Consular officer can witness your documents. For more information go to s.59 of the Federal Circuit Court Act 1999.
Uploading the Affidavit for eFiling to the Commonwealth Courts Portal
See How do I eFile the documents? below.
Depending on the circumstances you may need to eFile information about your marriage certificate or file the marriage certificate again if the court is not satisfied with the copy you have provided.
If you have a copy of your ceremonial certificate you can provide this, or the copy provided by Births Deaths and Marriages, to the court. The marriage certificate you provide is not required to be an original or certified. If you do not have your marriage certificate, you must obtain a copy from Births, Deaths and Marriages in the state or territory in which you were married.
If you were married overseas and your marriage certificate is not in English you will need to have the certificate translated and attach both documents to an Affidavit of Translation of Marriage Certificate from the translator. The National Accreditation Authority for Translators and Interpreters Ltd (NAATI) has a directory of NAATI accredited and recognised practitioners who offer translating and interpreting services.
If you were married overseas and do not have a copy of your marriage certificate, you should contact the relevant authority in that country to obtain a copy. If, after all reasonable attempts you cannot obtain a copy of your marriage certificate you will need to prepare and file an affidavit with your application setting out why you are unable to provide the certificate. 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.
If you are required to file an affidavit in these circumstances you should complete the Affidavit and eFile using the appropriate affidavit document type listed in the Commonwealth Courts Portal (ie. 'Affidavit', 'Affidavit Translation of Marriage Certificate' or 'Affidavit in Lieu of Marriage Certificate'). If you are required to upload a marriage certificate you can upload the document without having to attach it to an affidavit using the document type 'Marriage Certificate'.
You may need to prove your eligibility to apply for a divorce if you or the respondent were not born in Australia but now have Australian citizenship or a visa to live in Australia. You can upload the documentation without having to attach it to an affidavit using the 'Proof of Citizenship' document type in the Commonwealth Courts Portal. If the court has asked you to provide this information using an affidavit you should use the affidavit. If you file an affidavit you should choose the document type of 'Affidavit' when you upload the document.
If you are unable to attend in person, you may wish to apply to attend by phone. To make this request a Telephone/Video Attendance Request form must be completed. It is important to complete all the sections of the form and it is preferable to provide a direct land line number. The completed form should be eFiled at least five working days before the court event. Requests received after that time may not be considered. Before you request to attend by telephone you should ensure the service documents have been filed with the court.
How do I eFile the documents?
If you are already registered on the Commonwealth Courts Portal and linked to your file, log in to your Commonwealth Courts Portal account and follow the steps below.
If you are not registered on the Commonwealth Courts Portal go to www.comcourts.gov.au to register. You will also need your file number and client number to link and access your divorce file. If you do not have these numbers contact us by Live Chat during business hours or by email on email@example.com and provide your full name, date of birth and the name of the other party.
View You Tube video about registering and eFiling in the Commonwealth Courts Portal.
View You Tube video about eFiling in the Commonwealth Courts Portal.
Once you are registered and linked to your divorce file go to the steps below.
- Scan the completed document/s and save it on your computer drive where you will be able to find it easily.
- Access the file by adding the file number e.g. ABC1234/2014 at Search for file then select Search. Select your file number next to to access the file details.
- Under select at FCC Divorce.
- Select add document.
- you can also select the envelope to be notified by email of any activity on your file.
- Go to the drop down menu at Document Type and select the relevant document type.
Select your name to choose who the document is filed on behalf of.
Click on Choose File, select the document from where you had saved it at step 1 above - this document must be in PDF format* and under 10 Mb and the document (including an attachment) cannot be over 100 pages.
Click on Upload.
*Use the PDF convertor in the right hand column if you need to convert the document to PDF.
After you have eFiled the documents
If you have filed an affidavit you will need to serve the affidavit on the other party. If both parties have filed an affidavit supporting the same issue there is no requirement to serve the affidavits on each other.
To print a sealed copy of an affidavit go to and select to print a copy for service.
If you are required to serve the affidavit on the respondent you must do this by ordinary service. Ordinary service includes posting the document to the respondent or organising for the documents to be served in person by someone over the age of 18 years of age.
Once you have served the documents you are required to complete and file or eFile an Affidavit of service (Federal Circuit Court of Australia) as proof of service to the court.
To eFile the Affidavit of Service follow the same steps set out above.