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Divorce order

Information about when the court will grant a divorce, and how you can get a copy of your order.

Getting a divorce order

A divorce order is sometimes called a divorce certificate. 

After the judge or registrar has heard from you and your spouse, they will decide whether to grant a divorce. 

If a divorce order is made, your divorce will be finalised one month and one day after the hearing, unless there are special circumstances. 

When the divorce order is made, your legal status will change from a married person to a single person. However, a divorce order will not change your name. It is up to you if want to change your name after you have been granted a divorce order.

If a divorce order has been granted, there may be consequences you should be aware of, for example in relation to your will.  

For more information, see After court.

When a divorce order will be made

A divorce order will be made if the court is satisfied that:

  • you and your spouse are legally married 
  • your marriage has irretrievably broken down
  • you and your spouse were separated for at least 12 months when the Application for Divorce was filed
  • the Application for Divorce was correctly served on your spouse
  • you and your spouse have made appropriate arrangements for the care of your children, if relevant.  

If the court is not satisfied that all of the above criteria have been met, it will not grant you a divorce.  

Getting a copy of a divorce order

Divorces finalised after 13 February 2010

Divorce orders made after 13 February 2010 are digital orders with an electronic seal and signature. This is the only form of order provided by the court.

Once your divorce has been granted and finalised, you can download and print a copy of the divorce order from the Commonwealth Courts Portal.  You can’t request a copy of your divorce order before your divorce is finalised.

You don’t have to pay a fee to print the divorce order. 

To do this:

  1. log on to the Commonwealth Courts Portal.
  2. go to ‘Available Files’.
  3. open your file. 
  4. scroll down to ‘Existing Applications’. 
  5. click on the ‘+’ symbol next to your application. 
  6. select ‘Notify me by email of activity on this application’. 

If you don’t have access to the Commonwealth Courts Portal, you may be able to ask the court registry to print out a copy of the divorce order for you or you may have to complete a form and send it to the Enquiries Hub. You will have to pay a fee.

You should make a note on the form that you can’t access the portal. The orders will be posted to you.

For more information, see How do I prove I am divorced? on the Federal Circuit and Family Court of Australia website.

Divorces finalised before 13 February 2010

If your divorce was finalised before 13 February 2010, you must complete the online form Request Proof of Divorce from the Federal Circuit and Family Court of Australia and pay a fee. 

You can’t apply for a reduced fee.

For more information, see How do I prove I am divorced? on the Federal Circuit and Family Court of Australia website.

Divorces granted before 1976

If your divorce was finalised before 1976, you must contact the Supreme Court in the state or territory where your divorce was granted. You may have to pay a fee for a copy of the order.

For more information, see How do I prove I am divorced? on the Federal Circuit and Family Court of Australia website.

Third parties

Anyone can apply for a copy of a divorce order, even if you weren’t a party to the marriage. To do this, you need to complete the Request proof of divorce online form and pay the fee.

You will be given a certificate that states the parties to the marriage and the date on which the divorce was finalised.

Declaration of nullity

To get a copy of your declaration of nullity, you need to follow the same process for getting a copy of a divorce order. If you were a party to the case and your declaration was made after 13 February 2010, you can download a copy of the declaration from the Commonwealth Courts Portal. You will need to pay a fee.

If the declaration was made before 13 February 2010, or you were not a party to the case, you need to complete the Request proof of divorce online form and pay the fee.

Anyone can obtain a copy of a declaration of nullity.

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