​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

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Getting your supporting documents

Before you begin, you should get all the documents you will need to file with your Application for Divorce, including:


    This will save you time because you can’t complete your application until you have these documents.

    You will need to get certified copies of the documents. You don’t give the original documents to the Court.

    Marriage Certificate

    To get a divorce, you must prove to the Court that you and your spouse are married. 

    You can do this by giving the Court a copy of your Marriage Certificate. 

    If you don’t have your Marriage Certificate, you will need to apply to the Registry of Births, Deaths and Marriages in the state you were married in for a copy and pay the fee.  

    If you were married in NSW, see Marriage Certificates on the NSW Government website. 

    Translation of Marriage Certificate

    If your Marriage Certificate is not in English, you will need to file an English translation and an Affidavit completed by the translator. 

    You may have to pay a fee to have your Marriage Certificate translated. 

    Icon - sample/instructionsInstructions: Instructions for completing an Affidavit: Translation of Marriage Certificate

    Icon - sample/instructionsSample: Affidavit: Translation of Marriage Certificate

    For more information, see Interpreting & Translation on the Multicultural NSW website. 

    If you can’t get a copy of your Marriage Certificate, you must prepare an Affidavit explaining why.

    Step-by-step guide iconStep by step guide: Preparing your Affidavit

    Proof of citizenship or residency

    To apply for a divorce in Australia you or your spouse must:

    • be an Australian citizen, or
    • regard Australia as your home and intend to live here indefinitely, or
    • ordinarily live in Australia and have done so during the 12 months immediately before filing your Application for Divorce. 

    If you were born overseas and have become an Australian citizen, you must provide evidence of your citizenship with your application. You can do this by giving the Court a copy of your Citizenship Certificate or Australian passport.   

    If you were born overseas but live in Australia, you must provide evidence that you are living here legally. You can do this by giving the Court a copy of your visa documents.  

    Counselling Certificate

    If you and your spouse have been married less than two years, you will need to get a Counselling Certificate from a family law counsellor to file with your Application for Divorce. 

    The two years is calculated from the date of the marriage to the date of filing the Application for Divorce. 

    Even if you have been married for less than two years, you and your spouse must still be separated for at least 12 months before you can apply for a divorce. Alternatively, you can wait until you have been married for more than two years before you apply for a divorce.  

    For more information and for assistance in finding a family law counsellor, see Separation and counselling on the Family Relationships Online website. 

    Icon - sample/instructionsInstructions: Instructions for completing a Counselling Certificate for applicants married less than 2 years

    Icon - sample/instructionsSample: Counselling Certificate for applicants married less than 2 years

    If you are unable to attend counselling with your spouse, due to domestic violence or for some other reason, you must ask the Court’s permission to apply for a divorce. You ask the Court’s permission by filing an Affidavit – Marriage less than 2 years non-filing of counselling certificate with your Application for Divorce. In your Affidavit, you will need to explain:

    1. Why you and your spouse have not attended counselling, for example, if you can’t locate your spouse explain the attempts you have made to find them, or if your spouse refuses to attend counselling explain the attempts you have made to invite them to attend
    2. Any special circumstances, for example, if there is a history of violence and abuse in the marriage and it is not safe for you to attend counselling with your spouse.

    Alert IconYour safety is important.  If you feel unsafe or are experiencing any violence, contact the police, a domestic violence counsellor or get legal advice.

    Step-by-step guide iconStep by step guide: Preparing your Affidavit

    Change of Name Certificate

    If your surname on your Application for Divorce is different from your married or maiden names, you must:

    • file a copy of your Change of Name Certificate with your application
    • prepare an affidavit explaining why your name is different to your married or maiden name.

    For more information, see Preparing your Affidavit – Step by step guide.

    If you change your surname back to your maiden name after submitting your Application for Divorce, you must file a copy of your Change of Name Certificate with the Court before the hearing.

    If you don’t have a copy of your Change of Name Certificate you will need to get one.

    For more information, see Replace certificates after a change of name certificate on the NSW Government website. 

    Family Violence Order

    A Family Violence Order is an order made by a state or territory Court to protect a person from family violence.  Family Violence Orders are also known as Apprehended Domestic Violence Orders (ADVOs).  

    If there is a Family Violence Order in place concerning you and your spouse, you must include information about this your Application for Divorce. You have a duty to provide the Court with all information and documents relevant to your case. You can attach a copy of any Family Violence Order to your application.

    Alert IconYour safety is important. If you feel unsafe or are experiencing any violence, contact the police, a domestic violence counsellor or get legal advice.

    Other Court Orders

    You must provide the Court with information about any Interim or Final Court Orders relevant to you and your spouse including:

    • Parenting Orders or Parenting Plans
    • Child Protection Orders
    • Binding Financial Agreements
    • Property Orders.

    You can attach a copy of the documents to your application. 

    Once you have all of your supporting documents, you may need to prepare an Affidavit to file with your Application for Divorce. 

    Step-by-step guide iconStep by Step Guide: Preparing your Affidavit