Form · Family Law

Application for Divorce (Federal Circuit and Family Court): eligibility, eFiling and service guide

Link to the Court's online Application for Divorce with a guide to eligibility, the 12-month separation rule, the sworn Affidavit for eFiling, the documents to upload, the fee, and service of a sole application.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Australia, Commonwealth
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the official form at fcfcoa.gov.au and the 4 authorities it cites, for Australia and Commonwealth.
Version
1
Source
Link to the official form. Licence: © Commonwealth of Australia (Federal Circuit and Family Court of Australia). Court forms are excluded from the Court's CC BY-ND 3.0 licence: link only, do not copy or adapt the form.

Where this comes from

The official form is published by fcfcoa.gov.au; this page is a completion guide. Last checked on 2026-10-18.

When to use it

Use when acting for a party (sole application) or both parties (joint application) seeking a divorce order in the Federal Circuit and Family Court. Divorces in Western Australia are filed in the Family Court of Western Australia instead.

How AI may be used

Lawyer-led. The application is verified by a sworn Affidavit for eFiling, so AI may help check eligibility facts and the upload list against the Court's guide but must not write the answers that are sworn.

AI may

  • Check the client's documents against the Court's eligibility and upload list and list what is missing
  • Compare names and dates in the draft answers with the marriage certificate and identity documents and flag differences
  • Calculate the earliest filing date from the separation date (12 months and 1 day), for the lawyer to confirm

AI must not

  • Must not draft the answers about separation, separation under one roof, or the arrangements for children in Part F
  • Must not draft the separation-under-one-roof or change-of-name affidavits
  • Must not translate a foreign marriage certificate for filing; a translator swears the translation affidavit

The lawyer checks

  • Eligibility: citizenship or residence, and separation for 12 months and 1 day or longer
  • Names match the marriage certificate, or an affidavit explains the difference
  • Separated under one roof: affidavits from both parties (joint) and a corroborating third party
  • Part F particulars of the arrangements for children under 18 are complete and accurate
  • Affidavit for eFiling sworn before a lawyer or JP (with JP number) and uploaded before submission

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer. Licence: © Commonwealth of Australia (Federal Circuit and Family Court of Australia). Court forms are excluded from the Court's CC BY-ND 3.0 licence: link only, do not copy or adapt the form..

Read the full text

More in Family Law

All precedents for Family Law · Tasks and AI use in this area