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If you have been married for less than two years, you will need to attend counselling with a family counsellor and file a counselling certificate or get permission from the court to apply for a divorce without the certificate. A divorce application can be applied for by one person alone, or jointly.
You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing). The divorce process takes time and you should not assume the divorce will be granted at the first court hearing.
Step 7: Get your Affidavit witnessed You must sign, and have each page of your Affidavit witnessed, by a Justice of the Peace or lawyer. You must also get any annexures witnessed by a Justice of the Peace or lawyer.
Can I get a quick divorce? In Australia, there is no such thing as an instantaneous or a fast divorce. In order to apply for divorce, partners must be separated for a period of at least 12 months. If there is a period of failed reconciliation for three months or more, the 12-month separation restarts.
In Australia, a divorce takes about four months before it is officially granted by the court. This time is calculated using the date you first filed your application in court until the date when a divorce order is issued by the court.
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The affidavit can be signed by both parties at the same time or separately, but both signatures must be witnessed by a lawyer or JP. The signatures can be witnessed by the same lawyer or JP. Two separate affidavits (one for each party) can be uploaded together if you are unable to sign the same document.
To sign an Affidavit under oath, a commissioner for oaths, such as a notary, solicitor, or authorised member of court, must witness and sign it with you. Signing this document under oath means you are swearing that the listed facts are true.
Applying for a divorce can be a difficult decision to make, especially if you're not sure your partner will sign your petition. Crucially though, you don't need your partner's consent to get a divorce. Although it may be a long process if your partner doesn't comply, they won't be able to stop you indefinitely.
Authorised witnesses in all states and territories are Justices of the Peace and Solicitors. If you are filing an affidavit/s because you and your spouse have been living at the same address 12 months prior to filing your application go to Separated but living under the one roof for more information.
All affidavits must be sworn or affirmed before an authorised witness, who is usually a Justice of the Peace or lawyer (see further information on authorised witnesses below). The person making an affidavit needs to sign the bottom of each page in the presence of the authorised witness.

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