How do I know when I am divorced?
Once your divorce is granted, it will become final one month and one day later, unless a special order is made by the Court to shorten that time.
Note: shortening the period of time for a divorce to become final is only permitted by the Court in exceptional circumstances.
Your divorce order will be available for you to download from the Commonwealth Courts Portal (the Portal) the next working day after the order has become final.
TIP: 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.
To access your divorce order:
- Go to www.comcourts.gov.au to log in.
- Go to the Available Files tab then select the All tab and choose your file.
- Under the Additional options for this file heading select List of orders.
- Select View Orders in the right hand column in the row next to the Hearing divorce event type to open the digital order.
- Print. It is recommended that you print the divorce order double sided and in colour.
The divorce order has an electronic seal and signature and is an original order. This divorce order is the only official and original record issued by the Court. A hard copy of the divorce order will not be posted to you. Make sure you are registered with the Portal so you can download a copy when it becomes available.
TIP: In the Portal you can choose to receive a notification email to tell you when your divorce has been granted. This email will tell you that your divorce will be finalised one month and one working day later and provide you with instructions on how to print your divorce order. For information on how to do this, see Electing to receive email notification for any open applications on the How do I navigate through the Portal page.
How do I get proof of my past divorce?
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 the Court has a record of a divorce order, you will be provided with an official document that serves as proof that a divorce was granted and finalised.
The process for getting proof of your divorce differs depending when and where the divorce was granted. See How do I prove I am divorced? for a step-by-step guide.
I got divorced overseas – is it recognised in Australia?
You can apply for a divorce overseas. Australia will recognise a divorce if it was effected in accordance with the laws of that country – refer to section 104(7) of the Family Law Act 1975.
***Disclaimer – The above information was taken from the Federal Circuit & Family Court of Australia website as accurate in July 2024. If any changes are made by the court from that date they may not be reflected in this post
