When you both agree to get a divorce

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When you both want to get a divorce, you can apply for a Dissolution Order together.

Decide if you want to appear in court

Decide together if you want to appear in court to get a Dissolution Order. Appearing in court means the order will take effect straight away.

If you both don’t want to appear in court, you need to fill out the affidavit part of the form and swear it in front of a court registrar, justice of the peace or solicitor. You can do this together or separately.

If you both want to appear in court, you don’t need to fill in or swear the affidavit. The court will tell you when you need to come to court after you file your application.

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Fill in the forms

Once you’ve decided if you want to appear in court or not, then you both need to fill in the forms:

Joint application for Order dissolving a marriage or civil union [PDF, 3.4 MB]

You don’t have to fill in the forms together or swear the affidavit together. You can do this separately.

You’ll also need to include:

  • an original or certified copy of your marriage or civil union certificate (this is not the document you signed on the day of your marriage or civil union). You can get the certificate from Births, Deaths and Marriages (external link)
  • a copy of your separation agreement or Separation Order, if you have one, to prove you’ve been living apart for at least 2 years.

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File your application

File your application. The fee for applying for a divorce is $211.50.

Find out more about how to file documents

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What happens next

If you don’t appear in court

If you decide together that you don’t want to appear in court, the court will look at your forms and check that the requirements are met. The court will then make the Dissolution Order.

You will be legally divorced 1 month after the date the Dissolution Order is made. The court will send copies to both of you.

If you appear in court

If you decide together that you want to appear in court, the court will tell you when you need to come to court. You both need to go to the court on this day.

A judge will make the Dissolution Order and the divorce will be official on that day.

The court will send copies of the Dissolution Order to both of you.

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