Get your supporting documents for your divorce application

Information about what supporting documents you need to file with your Application for Divorce.

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 must apply for a copy and pay the fee.

You can apply:

online
by post
in person at your nearest Service NSW service centre.

If you were married in NSW, see Applying for an official marriage certificate 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: Translation of Marriage Certificate completed by the translator.

To download a copy of this form, see Affidavit translation of marriage certificate on the Federal Circuit and Family Court of Australia website.

You may have to pay a fee to have your marriage certificate translated. 

For instructions on how to complete this form and an example of a completed form, see:

For more information, see Translations and transcripts on the Multicultural NSW website. 

If you can’t get a copy of your marriage certificate, you must prepare an affidavit explaining why.

For more information, see Preparing your divorce affidavit.

Using AI

You can use AI in your case to research the law and prepare your court documents if you follow the court’s rules. You may face serious penalties if you do not follow these rules.

For more information, see Using AI in family law.

Proof of 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 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.

If you have become an Australian citizen, you must provide evidence of your citizenship. You can do this by giving the court a copy of your Citizenship Certificate or Australian passport.

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 divorce affidavit.

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 your change of name certificate, you must apply for a copy.

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 a court order that protects a person from family violence. Family violence orders are also known as apprehended domestic violence orders (ADVOs) in NSW.

If there is a family violence order between you and your spouse, you must include information about this in your Application for Divorce. You have a duty to provide the court with all the information and documents relevant to your case. You can attach a copy of any family violence order to your application.