---
title: "Application for Divorce (Federal Circuit and Family Court): eligibility, eFiling and service guide"
url: "https://ailawframework.com/precedents/family-law/form-application-for-divorce"
type: "precedent"
site: "AI Law Framework"
id: "a16-form-application-for-divorce"
area_id: "A16"
kind: "form"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-18"
---

# 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.

Canonical page: https://ailawframework.com/precedents/family-law/form-application-for-divorce  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Family Law](https://ailawframework.com/precedents/family-law.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Red. Keep AI out of the decisive steps. A lawyer does the work.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the official form at fcfcoa.gov.au and the 4 authorities it cites, for Australia and Commonwealth.

## 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

## Authorities

- [Family Law Act 1975 (Cth) Part VI (dissolution of marriage)](https://www.legislation.gov.au/C2004A00275/latest/text)
- [Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)](https://www.legislation.gov.au/F2021L01197/latest/text)
- [Family Law (Fees) Regulations 2022 (Cth)](https://www.legislation.gov.au/F2023L00022/latest/text)
- [Federal Circuit and Family Court of Australia, How do I apply for divorce?](https://www.fcfcoa.gov.au/fl/divorce/apply)

## Official form

[Official form](https://www.fcfcoa.gov.au/fl/forms/app-divorce)

## 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.

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/family-law/form-application-for-divorce and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*