The Family Courts Of Australia
In Australia you can file for a divorce through The Family Court of Australia or the Federal Magistrates Court of Australia. Both courts have jurisdiction in family law matters in all states and territories except Western Australia, which has its own Family Court.
In most cases you can file in either court. However the Federal Magistrates court does not have the power to deal with more complex matters such as:
- The validity of your marriage
- Property disputes of over $700,000 (except with the consent of both parties)
- Complex parenting cases involving allegations of child abuse, family violence or mental health issues
Click here for more information on The Family Court of Australia.
Divorce Documents
The Family Law Court has a number of forms and kits that you may need in the process of your divorce.
Application for divorce form and kit (Download)
The Application for Divorce Kit has instructions and explanations for filing for divorce. It includes an Application for Divorce Form. The Application for Divorce Form is available in different formats so you or your lawyer, if you have one, can choose the most appropriate one for you.
Divorce Service Kit (Download)
If you are a sole applicant, you will need to serve the Application for Divorce on your spouse. The Divorce Service Kit explains how to do this and includes all the forms that you may require.
The Kit provides a step-by-step guide to serving your divorce application by post or by hand, and information about how to complete the divorce service forms.
Objecting to an Application for Divorce (Download)
If you object to the Application for Divorce that has been sent to you, or to facts stated in the application, you can file a 'response to Divorce'.
For further information or to get paper copies of any of these documents sent to you, call the
Family Court 1300 352 000, or visit a family law registry near you.
* Acknowledgement: This information has been taken directly from the Family Law court of Australia Website.
Family Law Court Forms
There are a number of forms that you may require during your divorce. Here is a list of forms that are relevant to both the Family Court and the Federal Magistrates Court.
To download these forms visit the
Family Law Court website
- Acknowledgment of service (Divorce)
- Affidavit of Service by Hand (Divorce)
- Affidavit of Service by Post (Divorce)
- Affidavit Proving Signature (Divorce)
- Application Exemption form: Payment of court fees
- Application for Divorce Form
- Application for Waiver of court Fees on the basis of Financial Hardship
- Attachment for additional children
- Counselling certificate for applicants married less than 2 years
- Credit card payment form
- Document request form
- Guidelines for Waiver of court Fees
- Initiating Application
- Notice of Decision for Waiver of court Fees on the basis of Financial Hardship
- Payment of court Fees - Request for Refund
- Request for File Inspection
- Response to Divorce
- Response to Initiating Application
* Acknowledgement: This information has been taken directly from the Family Law court of Australia Website.
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