You may need to file an affidavit to support information in your application. You will need to complete the form and sign it before an authorised witness before you file. Authorised witnesses in all states and territories are Justices of the Peace and Solicitors. If you are filing an affidavit/s because you and your spouse have been living at the same address 12 months prior to filing your application go to Separated but living under the one roof for more information.
For more information about affidavits see the fact sheet Preparing an affidavit.
You may have been asked by the court to re-file your Affidavit for eFiling application (Divorce) because it was not signed before an accepted witness or you need to re-file it.
If you need to re-swear it, you will need to have the affidavit re-sworn/affirmed before an accepted witness. Accepted witnesses in all states and territories is a Justice of the Peace (JP) or a lawyer.
Helpful hint: It is important if you have your affidavit witnessed by a Justice of the Peace that the JP provides their JP number.
If you are overseas a Notary Public or an Australian Diplomatic/Consular officer can witness your documents.
Depending on the circumstances you may need to eFile information about your marriage certificate or file the marriage certificate again if the Court is not satisfied with the copy you have provided.
If you have a copy of your ceremonial certificate you can provide this, or the copy provided by Births Deaths and Marriages, to the Court. The marriage certificate you provide is not required to be an original or certified. If you do not have your marriage certificate, you must obtain a copy from Births, Deaths and Marriages in the state or territory in which you were married.
If you were married overseas and your marriage certificate is not in English you will need to have the certificate translated and attach both documents to an Affidavit of translation of marriage certificate from the translator. The NAATI has a directory of all currently certified practitioners who offer translating and interpreting services.
If you were married overseas and do not have a copy of your marriage certificate, you should contact the relevant authority in that country to obtain a copy. If, after all reasonable attempts you cannot obtain a copy of your marriage certificate you will need to prepare and file an affidavit with your application setting out why you are unable to provide the certificate. You should seek legal advice about how to do this. The affidavit needs to explain the details of your marriage and the reasons why you cannot get a copy of your marriage certificate.
If you are required to file an affidavit in these circumstances you should complete the affidavit and eFile using the appropriate affidavit document type listed in the Commonwealth Courts Portal (ie. 'Affidavit', 'Affidavit translation of marriage certificate' or 'Affidavit in lieu of marriage certificate'). If you are required to upload a marriage certificate you can upload the document without having to attach it to an affidavit using the document type 'Marriage certificate'.
You will need to file a counselling certificate if you were married for less than 2 years before you filed your application. For more information see the brochure Have you been married less than two years.
If you are unable to file a counselling certificate you should file an affidavit.
You may need to prove your eligibility to apply for a divorce if you or the respondent were not born in Australia but now have Australian citizenship or a visa to live in Australia. You can upload the documentation without having to attach it to an affidavit using the 'Proof of Citizenship' document type in the Commonwealth Courts Portal.
If the court has asked you to provide this information using an affidavit you should use the affidavit
How do I eFile the documents?
If you are not registered for the Commonwealth Courts Portal or are registered but do not have access to your file electronically, we can provide your client details or assistance. Please complete the enquiry form for divorce or other family law.
In the form, you need to select:
> I am making an enquiry about myself
> Commonwealth Courts Portal support and registration
> then either:
- I need to register for the Commonwealth Courts Portal, or
- I am registered for the Commonwealth Courts Portal but can’t see my file
Please ensure you provide all the requested information. You should also provide your phone number in case we need to contact you.
At Step 3 please provide your file number, if known.
Once you are registered or linked to your divorce file follow the steps below.
- Scan the completed document/s and save to your computer as PDFs where you will be able to find it easily.
- Log into your portal account and go to your file > Select the Available Files tab and click on your file number.
- Scan the completed document/s and save to your computer as PDFs where you will be able to find it easily.
- Select + next to Application for Divorce.
- Select the Add document button.
- Read the obligations and tick the box to agree then select Confirm.
- Select the Document type drop down menu and select the relevant document type.
- Complete the required information.
- Select Choose File and upload the document you have saved to your computer. The document must be in PDF format to upload. If you need to change it use the PDF converter on the right hand side.
- Click on Upload.
If you need help with eFiling contact us by Live chat during business hours or by email so we can provide you with the appropriate information.
After you have eFiled the documents
If you have filed an affidavit you will need to serve the affidavit on the other party. If both parties have filed an affidavit supporting the same issue there is no requirement to serve the affidavits on each other.
To print a sealed copy of the affidavit from the portal go to your file and select List of Documents then select the PDF icon on the right hand side of the document you have uploaded.
The document must be served by ordinary service. For more information on service and what is required after service see How do I serve family law documents?
