Divorce Application NSW: How to File Step by Step

Filing for divorce in New South Wales feels like it should be straightforward — until you open the Commonwealth Courts Portal and realise the process has about eight more steps than you expected. The good news: divorce in Australia is no-fault and entirely administrative. If you've been separated for 12 months and one day, the court doesn't care why your marriage ended. It just needs the right paperwork.

Here's exactly how the NSW divorce application process works, from gathering documents to receiving your Divorce Order.

What You Need Before You Start

Every divorce application requires three things: proof your marriage existed, proof you're connected to Australia, and proof you've been separated long enough.

Marriage certificate. You need an official copy — not a church or celebrant certificate. If you married overseas, you'll need a certified English translation by a NAATI-accredited translator (roughly $50–$80). If your original is lost, order a replacement from NSW Births, Deaths and Marriages before you start the portal application.

Citizenship or residency evidence. At least one spouse must be an Australian citizen, regard Australia as their permanent home, or have lived here continuously for the past 12 months. Upload a birth certificate, citizenship certificate, or passport with a visa showing 12+ months of residency.

Separation date. You must have been separated for at least 12 months and one day before filing. If you attempted reconciliation for less than three months, that period is excluded from the count — your pre-reconciliation separation time still counts.

Filing Through the Commonwealth Courts Portal

The FCFCOA handles all divorces electronically. Paper applications are only accepted if you can demonstrate you genuinely cannot use a computer.

Step 1: Register on the portal. Create an account at the Commonwealth Courts Portal using a desktop computer — the mobile experience is unreliable. Saved drafts expire after 90 days of inactivity, so don't start unless you have your documents ready.

Step 2: Complete Parts A through F. The portal walks you through an interactive form covering your personal details, marriage details, separation date, children under 18, and your preferred hearing registry. NSW registries include Sydney (Goulburn Street), Parramatta, Newcastle, Albury, Dubbo, and Lismore.

Step 3: Upload documents. Convert your marriage certificate, citizenship evidence, and any affidavits to PDF format. Each file must be under 30MB. If you were separated under one roof, you'll need additional affidavits from both yourself and an independent witness over 18.

Step 4: Lock and sign. Once everything is uploaded, lock the application. Print the generated "Affidavit for eFiling Application (Divorce)," sign it in front of a Justice of the Peace or solicitor, scan it, and upload it back. JP services in NSW are free.

Step 5: Pay and select a hearing date. The standard filing fee is $1,170. The concession rate is $390 if you hold a Health Care Card or Pensioner Concession Card. For joint applications, both parties must hold concession cards to qualify. Choose an available hearing date from the portal calendar.

Joint vs. Sole Applications

If both you and your spouse agree to divorce, file a joint application. It removes the requirement to formally serve papers, saves you the cost of a process server ($100–$300), and means neither of you needs to attend the hearing — even if you have children under 18.

Sole applications require you to serve the sealed divorce papers on your spouse through an independent third party. You cannot serve the papers yourself. The respondent must receive them at least 28 days before the hearing (42 days if they're overseas).

After Filing: The Hearing and Divorce Order

Most NSW divorce hearings happen by phone or video link and take under 10 minutes. A court registrar confirms the paperwork is in order and grants the divorce. If you filed a sole application and have children under 18, you must attend. Otherwise, attendance is usually optional.

The Divorce Order doesn't take effect immediately. There's a mandatory 1-month-and-1-day waiting period after the hearing before it becomes final. Once it does, download the sealed digital Divorce Order from the portal — this is your official proof of divorce for name changes, property transfers, and remarriage.

The entire process from filing to final order typically takes 4–6 months, assuming no errors or contested responses.

Common Filing Mistakes That Cost Months

The court doesn't refund the $1,170 filing fee if your application is rejected. The most frequent mistakes: uploading a celebrant certificate instead of an official marriage certificate, miscalculating the separation date by a single day, filing a joint application where only one party holds a concession card, and forgetting to have the eFiling affidavit witnessed before uploading.

If you want a step-by-step filing sequence that catches these errors before they cost you, the New South Wales Divorce Filing Process Guide walks through every portal screen, document requirement, and deadline.

See more New South Wales guides →