How do I prove I am divorced?

icon for divorce

Has your divorce been finalised?

We can only provide proof of divorce if your divorce has been granted and finalised. A divorce is finalised one month and one day after it is granted unless there are special circumstances and a court order is made to bring the finalisation date forward. Once your divorce is finalised you can download and print a digital divorce order from the Commonwealth Courts Portal. Note: Divorce orders from 13/2/2010 are digital orders with an electronic seal and signature.

If you are unsure contact us by Live Chat or email to find out whether your divorce has been finalised. You will need to provide your FULL NAME, date of birth and the FULL NAME of the other party so we can verify your identity. You should also provide your file number if you know it and your telephone number in case we need to contact you.

The proof of divorce process allows you to request a search of the records of the Federal Circuit and Family Court of Australia, and its predecessors the Family Court of Australia and the Federal Circuit Court of Australia (which was known as the Federal Magistrates Court until March 2013). Where a divorce can be proven, you will be provided with an official document that serves as proof that a divorce was granted and finalised.

Divorce orders after February 2010 are digital orders with an electronic seal and signature. This is the only form of order provided by the court.

If your spouse applied for the divorce and the divorce was granted after 13 February 2010, but you did not receive a divorce order after the divorce was finalised, go to the heading My divorce was granted after 13 February 2010 and follow the instructions to access your official divorce order.

The process of requesting proof of divorce records is different depending on where and when your divorce was granted. For more information select the relevant option below:

If the divorce was granted in Western Australia you will need to contact the Family Court of Western Australia to obtain proof of divorce.

Helpful Hint: In most cases, the divorce order takes effect one month and one day after the divorce is granted. You cannot request proof of divorce before this time. For example, if your divorce was granted on 1 January it will be finalised on 2 February.

You can obtain official proof of divorce at no cost from the Commonwealth Courts Portal if you were a party to the proceedings and the divorce was finalised after 13 February 2010. This proof of divorce is a digital order with an electronic seal and signature and is the only proof of divorce provided by the courts.

There is no cost to log into the Commonwealth Courts Portal and download your divorce order.

How do I download my divorce order?

If you are not registered for the Portal or are registered but cannot access your file

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.

After registration you will receive an auto-generated email with your username and temporary password. You will be prompted to create a new password and accept the terms and conditions. Once the registration process is finalised you will be able to print your digital divorce order. You will also receive an email with information about how to navigate through the portal and print your digital divorce order.

If you were already registered and we are providing access to your file, you will receive an email from us setting out how to navigate the portal and print your divorce order.

If you are already registered and have access to your file

To download and print your divorce order log into your Commonwealth Courts Portal account.

To print the divorce order, once you are linked, go to your file and select List of Orders under the Additional options for this file.

Select the PDF icon next to the Hearing Divorce event type Application Granted. This digital divorce order is the same document issued by the courts. It is recommended that you print the divorce order double sided and in colour. Note: divorce orders granted between March 2010 and December 2011 are only available with a black court seal.

If the divorce was granted in Western Australia you will need to contact the Family Court of Western Australia to obtain proof of divorce.

If your divorce was finalised prior to 13 February 2010 or you were not a party to the divorce you should complete the online form. If you are unable to use the online form contact us via Live chat for alternative options. There may be delays in production of the document due to the current COVID-19 situation.

Divorces prior to this date are not available to print from the Commonwealth Courts Portal. Please ensure that you provide as much information as possible in the online form to enable us to conduct a thorough search of our records.

How much will it cost to obtain proof of divorce?

$30 - This fee includes a search of the court records, printing of the proof of divorce (if a record is found) and postage (including overseas).

Please note there is no refund of the service fee if a record of divorce is not found.

Payment must be made online with a valid Visa/Mastercard credit/debit card on submission of the completed online form. If you DO NOT have a credit/debit card you can buy a pre-paid debit card from various retail outlets for a nominal fee.

If you are unable to pay electronically contact us via Live chat for alternative options. There may be delays in production of the document due to the COVID-19 situation.

What will I receive?

If you are a party to the divorce you will receive a divorce certificate or order (depending on when the divorce was granted. Both documents are official court documents) by email.

If you are a third party you will receive a divorce certificate generally via email.

If the divorce cannot be proven you will be notified by email.

How long does it take to receive proof of divorce?

The courts will endeavour to send your proof of divorce as soon as possible once we have received your request. Please allow 10 working days for processing.

If the divorce was granted prior to 1976 you will need to contact the Supreme Court in the state or territory where the divorce was granted. The current family law system was established in 1975 and prior to this supreme courts administered applications for and the granting of divorce.

See:

If the divorce was granted in Western Australia you will need to contact the Family Court of Western Australia to obtain proof of divorce.

If the divorce was granted outside of Australia you will need to contact the relevant court or authority in the country where the divorce was granted. We do not hold records of overseas divorces.

Any person is able to request proof of divorce even if they were not involved in the proceedings. As a third party you will receive a certificate naming the parties and stating the date on which the divorce was finalised. Follow the process above for My divorce was granted before 13 February 2010.

If you need to confirm that you were not divorced at a certain date to renew an overseas passport or generally for an overseas consulate, you can complete the online form to request proof of non-divorce, following the process below.

At the form go directly to Determining your role and answer these questions with your role in the marriage e.g. select wife or husband.

At Divorce Details complete:

  • The wife and husband details including as much information as possible.
  • The marriage date only at the divorce details part of the form.

At Further Information you must confirm that you require this information to prove that you were not divorced at a certain date and provide the date at which you wish us to confirm that a divorce has not taken place. Enter e.g. Date required for confirmation of not divorce is 25/12/2022.