How to File for Divorce in the ACT

Filing for divorce in the Australian Capital Territory follows the same federal pathway as every other state except Western Australia. The entire process runs through the Commonwealth Courts Portal, and the local registry is the Canberra office at the Nigel Bowen Commonwealth Law Courts Building on the corner of University Avenue and Childers Street.

Here is the exact sequence, from eligibility check to final order.

Check Your Eligibility First

You need to satisfy three requirements before you can file:

Separation: You and your spouse must have lived separately and apart for a continuous period of at least 12 months and one day. If you reconciled for under three months during that period, the separation clock pauses but does not reset.

Jurisdiction: At least one of you must be an Australian citizen, regard Australia as your permanent home (domicile), or have lived in Australia continuously for the 12 months immediately before filing.

Valid marriage: Your marriage must be legally recognised under Australian law. If you married overseas, you can still file in the ACT provided you meet the jurisdiction test above.

The eFiling Sequence on the Commonwealth Courts Portal

All ACT divorce applications are lodged electronically through the Commonwealth Courts Portal at comcourts.gov.au. Physical paper filings are not accepted.

Step 1 — Register an account. Create a login on the portal. You will need a valid email address.

Step 2 — Complete Parts A through F. The interactive form covers your personal details, marriage information, separation date, children (if any), and jurisdictional connection. Save as you go — the system holds unsubmitted data for 90 days.

Step 3 — Lock the application. Once all parts are complete, click "Lock and continue." The portal generates an Affidavit for eFiling Application (Divorce) that you must print.

Step 4 — Sign before a witness. Print the affidavit and sign it in the physical presence of a Justice of the Peace or practising lawyer. JPs must include their registered number beneath their signature. Free JP services are available at ACT government shopfronts, libraries, and community centres across Canberra.

Step 5 — Upload the signed affidavit. Scan the signed document as a PDF and upload it back to the portal, along with your marriage certificate (and a NAATI-certified translation if the certificate is not in English).

Step 6 — Select "Canberra" as your hearing registry, choose a hearing date, and pay the filing fee. The standard fee is A$1,170. A reduced fee of A$390 is available if you hold an eligible concession card or demonstrate financial hardship.

Step 7 — Download your sealed service packet. Once payment processes, the portal generates your stamped divorce application with the official red court seal and your assigned hearing date.

Joint vs. Sole Application

A joint application means both spouses file together as co-applicants. Neither party needs to serve documents on the other, and neither needs to attend the hearing — even if there are children under 18.

A sole application means one spouse files and must formally serve the sealed documents on the other at least 28 days before the hearing (42 days if the respondent is overseas). The applicant cannot personally hand over the papers — a neutral third party aged 18 or older must deliver them.

What Happens After Filing

After your hearing date (most ACT hearings are conducted electronically via phone or Microsoft Teams), the court grants the divorce order. It does not take effect immediately — there is a mandatory waiting period of one month and one day. After that period, the digital Divorce Order with the court's electronic seal is available for download from the portal.

Once the order is final, you are legally divorced. If you need to divide property or formalise superannuation splits, you have 12 months from the date the divorce order takes effect to file those applications with the court.

Common Mistakes That Delay ACT Divorces

• Filing before the full 12 months and one day of separation has elapsed
• Attempting to serve papers yourself on a sole application
• Missing the 28-day service deadline before the hearing
• Forgetting to have a JP witness the eFiling affidavit with their JP number
• Not uploading the marriage certificate or forgetting the NAATI translation for overseas certificates

Avoiding these errors is the difference between a straightforward three-to-four month process and months of costly delays. The ACT Divorce Filing Process Guide walks through every step with dedicated worksheets, service trackers, and a separation date calculator to keep your application on track.

See more Australian Capital Territory guides →