Affidavit for eFiling application (divorce)

When you apply for divorce online through the Commonwealth Courts Portal, the application itself is completed on screen and this affidavit is the part you print, sign before an authorised witness and upload. The court says it forms part of the Application for Divorce and must be signed for the divorce to proceed. In it each applicant swears or affirms that they are the applicant, have read the application, and that the facts in it within their personal knowledge are true. Like any affidavit under the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, it must be sworn or affirmed in the presence of a witness (r 8.16). The form is authorised under rule 15.21.

When you need it

• You are filing a sole Application for Divorce online: only you sign your part.
• You and your spouse are filing a joint application: each of you signs your own part, at the same or different times.
• The court rejected the affidavit because it was not witnessed correctly and you need to re-sign and eFile it again.

1. 1

   Registry and file number

   Add the registry and, if you have one, the file number. Leave the court use boxes blank.

2. 2

   Full names of the parties

   Enter the full names of Party 1 and Party 2 to the marriage. The court's divorce page warns that names should match your marriage certificate, or you may be asked for further evidence.

3. 3

   Each applicant's statement

   Under your party heading, tick swear or affirm. Do not sign until you are in front of the witness. A sole applicant does not need the other party to sign.

4. 4

   Witness details

   The witness signs, prints their full name and ticks lawyer, Justice of the Peace or other authorised person. The court asks that a JP include their JP number.

5. 5

   Lawyer's declaration and interpreter jurat

   If a lawyer acts for you, the lawyer ticks that they gave you the Marriage, Families and Separation brochure and signs. If you are self-represented you do not sign this part but should have the brochure. Use the alternative jurat if the affidavit is interpreted to you.

• The court's divorce page says to print the affidavit at Step 4 of the online application, sign it before a lawyer or JP, and upload it at Step 5. Only the signed affidavit is uploaded, not the whole application.
• It can also be eFiled after the application has been filed, for example if you have to re-sign it.
• For a joint application both affidavits must be filed at the same time, even if signed separately.
• For a sole application, a sealed copy of this affidavit is among the documents you serve on your spouse with the Application for Divorce.
• A filing fee applies to the divorce application unless you are eligible for a reduction or exemption - check the court's family law fees page.

• Incorrect witnessing is a common reason for rejection. Check the witness has signed, printed their name and ticked their capacity.
• Each joint applicant's signature must be witnessed and dated separately, though the same witness can do both on the same date.
• The court's divorce page says you must have been separated for 12 months and 1 day before you sign and file.