Affidavit for eFiling Divorce: How to Complete and Witness It Correctly

The eFiling affidavit is the one step in the online divorce process that forces you offline. The Commonwealth Courts Portal generates this document after you complete your application — and you must print it, have it witnessed by an authorised person, sign every page, scan it, and upload it back. Getting this wrong is one of the most common reasons applications are rejected.

What Is the Affidavit for eFiling?

It's a sworn legal statement confirming that the information you entered on the Commonwealth Courts Portal is true and correct. The court requires this because an online form alone doesn't carry the same legal weight as a statement made under oath or affirmation.

The affidavit confirms:

• Your identity
• The facts of your marriage and separation
• That you understand the application you've submitted
• (For sole applications) That you've made arrangements for serving your spouse

Step-by-Step: Getting Your Affidavit Right

1. Complete Your Portal Application First

The affidavit is generated by the portal only after you've filled in all sections and reached the "Lock and Continue" point. You cannot prepare it in advance because its content is pulled directly from what you entered online.

2. Print the Full Document

Download the PDF the portal generates and print every page. Don't skip any — the witness must sign or initial every single page in your presence.

3. Find an Authorised Witness

In Australia, the following people can witness your divorce affidavit:

• Justice of the Peace (JP)
• Solicitor or barrister
• Court registrar
• Pharmacist
• Medical practitioner
• Police officer

Free JPs in Victoria: Most courthouses, many police stations, local council offices, and some libraries offer free JP witnessing services. The Victorian Department of Justice maintains a JP directory searchable by postcode.

4. The Witnessing Process

When you appear before the witness:

1. Bring photo identification (driver's licence or passport)
2. The witness confirms your identity
3. You either swear (religious oath on a holy book) or affirm (non-religious declaration) that the contents are true
4. You sign every page in the witness's presence
5. The witness signs and stamps every page
6. The witness completes the jurat (the certification block at the end)

You cannot sign before arriving. If the witness sees pre-signed pages, they must refuse to witness the document.

5. Scan and Upload

Scan the fully signed and witnessed document as a single PDF file. The portal accepts files up to 30 MB. Tips:

• Use a smartphone scanning app if you don't have a scanner — CamScanner, Adobe Scan, or the built-in iPhone document scanner all produce acceptable quality
• Ensure every page is legible, especially signatures and stamps
• Save as PDF, not JPEG

Upload it to the portal in the designated affidavit section.

Joint Applications: Both Must Sign

For joint divorce applications, both applicants must sign the same affidavit (or separate affidavits) before an authorised witness. You can attend the same JP together, or sign separately and each upload your witnessed copy.

Separation Under One Roof: Extra Affidavit

If you separated while living in the same house, you'll need an additional affidavit explaining the circumstances of your separation — plus a corroborating affidavit from a third-party witness who observed your separate lives. This is a separate document from the standard eFiling affidavit.

Common Mistakes That Get Applications Rejected

• Signing before you see the witness. This invalidates the entire affidavit.
• Missing pages. Every page needs both your signature/initials and the witness's.
• Blurry scans. If the court can't read signatures or stamps, they'll request a new copy.
• Wrong witness type. Your spouse, their family members, or anyone under 18 cannot witness your affidavit.
• Outdated information. If your personal details changed after you locked the portal application, the affidavit won't match the form — you'll need to file a fresh application.

How Long Does the Affidavit Step Take?

Most people complete it in 1-2 days: print one day, visit a JP the next. If you plan ahead and locate a JP before you reach this step in the portal, you can do it the same afternoon.

The Victoria Divorce Filing Process Guide includes a pre-filing checklist that flags the affidavit step early — so you can locate your nearest JP and gather ID before you even start the portal application.

See more Victoria guides →