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Divorce Application — Supporting Statement (Australia)
Divorce in Australia is no-fault: the only ground is that the marriage has broken down irretrievably, proved by 12 months of separation. Our Australian template produces the supporting statement for your Application for Divorce in the Federal Circuit and Family Court of Australia — it calculates the earliest date you can file from your separation date, deals with separation under one roof, sets out the arrangements for any children under 18, and covers jurisdiction, service and the situations that prompt a Registrar to ask questions.
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Application for Divorce — Supporting Statement
In Support Of An Application For Divorce Under S 48 Of The Family Law Act 1975 (Cth) · 9 June 2026
Rebecca J. Whitlam
18 Mowbray Road, Lane Cove NSW 2066
0412 663 940
rebecca.whitlam@email.com.au
9 June 2026
Federal Circuit and Family Court of Australia
The Registrar
Federal Circuit and Family Court of Australia
(filed via the Commonwealth Courts Portal)
Federal Circuit and Family Court of Australia
(filed via the Commonwealth Courts Portal)
APPLICATION FOR DIVORCE — SUPPORTING STATEMENT
Sole application · Rebecca J. Whitlam
To the Federal Circuit and Family Court of Australia,
I, Rebecca J. Whitlam, apply for a divorce order under section 48 of the Family Law Act 1975 (Cth) in respect of my marriage to Marcus A. Whitlam. This statement is filed in support of my Application for Divorce. The sole ground for divorce in Australia is that the marriage has broken down irretrievably, established by the parties having separated and lived separately and apart for a continuous period of at least 12 months immediately before the application is filed. I say that ground is made out, and set out the particulars below.
I, Rebecca J. Whitlam, apply for a divorce order under section 48 of the Family Law Act 1975 (Cth) in respect of my marriage to Marcus A. Whitlam. This statement is filed in support of my Application for Divorce. The sole ground for divorce in Australia is that the marriage has broken down irretrievably, established by the parties having separated and lived separately and apart for a continuous period of at least 12 months immediately before the application is filed. I say that ground is made out, and set out the particulars below.
1.
PARTIES TO THE MARRIAGE
Applicant: Rebecca J. Whitlam
Respondent (spouse): Marcus A. Whitlam
Date of marriage: 12 October 2013
Place of marriage: Sydney, New South Wales, Australia
Telephone: 0412 663 940
Email: rebecca.whitlam@email.com.au
Respondent (spouse): Marcus A. Whitlam
Date of marriage: 12 October 2013
Place of marriage: Sydney, New South Wales, Australia
Telephone: 0412 663 940
Email: rebecca.whitlam@email.com.au
2.
GROUND FOR DIVORCE — IRRETRIEVABLE BREAKDOWN (S 48)
The parties separated on 3 February 2025 and have lived separately and apart continuously since then. As more than 12 months have passed since separation (the earliest date this application could be filed being 3 February 2026), the ground in section 48 is satisfied. I confirm that there is no reasonable likelihood of cohabitation being resumed (s 48(3)). Although the parties continued to live in the same residence for some or all of this period, they were separated within the meaning of section 49(2) — separation under one roof — and the particulars of that separation are set out below.
3.
CHILDREN OF THE MARRIAGE (S 55A)
There are children of the marriage under 18 years of age. A divorce order does not take effect unless the Court is satisfied, under section 55A of the Family Law Act 1975 (Cth), that proper arrangements have been made for the care, welfare and development of those children. The two children live primarily with me at Lane Cove and spend time with their father each alternate weekend and half of each school holidays under a parenting plan dated 1 March 2025.
4.
WHAT THIS APPLICATION DECIDES
This application asks only for a divorce order — the legal ending of the marriage. It does not decide how property or finances are divided, or the arrangements for children; those are separate matters under the Family Law Act 1975 (Cth), and time limits apply to property and spousal maintenance (generally within 12 months after the divorce takes effect). Background: We married in 2013 and our relationship broke down over 2024. We separated on 3 February 2025 when I moved into the spare room and we divided our finances and households, although we both remained in the family home until the house is sold. There is no prospect of reconciliation.
5.
SEPARATION — EVIDENCE AND PARTICULARS
How the separation was made clear: On 3 February 2025 I told Marcus the marriage was over, moved permanently into the spare bedroom, and we agreed to live separately while we sorted out the sale of the house. We told our families and closed our joint bank account that month.
Separation under one roof: Although the parties remained in the same residence, the marital relationship had ended. As recognised in Todd (No 2) (1976) FLC 90-008, separation is the breaking down of the marital relationship — the consortium vitae — and not merely living in different places; it can occur while parties remain under one roof. The change in the relationship is shown by the following: Since 3 February 2025 we have slept in separate bedrooms, kept separate bank accounts and finances, shopped, cooked and eaten separately, stopped attending social events as a couple, and divided the household chores. We no longer present as a couple to friends or family.
Corroborating witness: Helen P. Whitlam (Marcus's sister) can confirm the fact and date of separation, and that the parties lived separately under the one roof. An affidavit from this witness should accompany an application based on separation under one roof.
Separation under one roof: Although the parties remained in the same residence, the marital relationship had ended. As recognised in Todd (No 2) (1976) FLC 90-008, separation is the breaking down of the marital relationship — the consortium vitae — and not merely living in different places; it can occur while parties remain under one roof. The change in the relationship is shown by the following: Since 3 February 2025 we have slept in separate bedrooms, kept separate bank accounts and finances, shopped, cooked and eaten separately, stopped attending social events as a couple, and divided the household chores. We no longer present as a couple to friends or family.
Corroborating witness: Helen P. Whitlam (Marcus's sister) can confirm the fact and date of separation, and that the parties lived separately under the one roof. An affidavit from this witness should accompany an application based on separation under one roof.
6.
ARRANGEMENTS FOR THE CHILDREN (S 55A)
These are the proposed arrangements for the children, so that the Court can be satisfied under section 55A that proper arrangements have been made for their care, welfare and development:
1. Sophie Whitlam (born 14 May 2015) — lives with the Applicant
2. Thomas Whitlam (born 2 September 2017) — lives with the Applicant
Financial support: Child support is assessed and paid through Services Australia (Child Support). Both children are covered by private health insurance held by the Applicant.
Health and education: Both children attend Lane Cove West Public School and are in good health. Major decisions about schooling and health are made jointly by both parents.
Time and communication: The children live with the Applicant and spend time with their father each alternate weekend (Friday to Sunday) and half of each school holiday period, with telephone or video contact on the intervening Wednesday evening.
The children live with and spend time with each parent as set out above; these arrangements are made in the children's best interests. Where there is a parenting order or parenting plan in place, it is referred to in the Application for Divorce.
1. Sophie Whitlam (born 14 May 2015) — lives with the Applicant
2. Thomas Whitlam (born 2 September 2017) — lives with the Applicant
Financial support: Child support is assessed and paid through Services Australia (Child Support). Both children are covered by private health insurance held by the Applicant.
Health and education: Both children attend Lane Cove West Public School and are in good health. Major decisions about schooling and health are made jointly by both parents.
Time and communication: The children live with the Applicant and spend time with their father each alternate weekend (Friday to Sunday) and half of each school holiday period, with telephone or video contact on the intervening Wednesday evening.
The children live with and spend time with each parent as set out above; these arrangements are made in the children's best interests. Where there is a parenting order or parenting plan in place, it is referred to in the Application for Divorce.
7.
JURISDICTION AND SERVICE
Jurisdiction: The Court has jurisdiction under section 39(3) of the Family Law Act 1975 (Cth) because, at the date of this application, I am an Australian citizen.
Service: This is a sole application. The Application for Divorce and supporting documents will be served personally on the Respondent by a person who is not a party to the proceedings. Service must be effected at least 28 days before the hearing (or 42 days if the Respondent is overseas), and proof of service filed.
Service: This is a sole application. The Application for Divorce and supporting documents will be served personally on the Respondent by a person who is not a party to the proceedings. Service must be effected at least 28 days before the hearing (or 42 days if the Respondent is overseas), and proof of service filed.
8.
FILING AND NEXT STEPS
I ask that a divorce order be made. The Application for Divorce is filed through the Commonwealth Courts Portal; the filing fee from 1 July 2025 is $1,125, with a reduced fee of $375 for an eligible concession-card holder or on financial hardship (for a joint application, both parties must qualify for the reduced fee). A divorce order takes effect one month and one day after it is made (s 55). Because there are children under 18 and this is a sole application, I will attend the divorce hearing.
YOURS FAITHFULLY,
Rebecca J. Whitlam
Applicant
Date: ____________________
APPLICANT
Rebecca J. Whitlam
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Divorce Application?
An Application for Divorce asks the <strong>Federal Circuit and Family Court of Australia (FCFCOA)</strong> to make a divorce order legally ending a marriage. Australia has a <strong>no-fault</strong> system under <strong>section 48 of the Family Law Act 1975 (Cth)</strong>: the only ground is irretrievable breakdown, established by the parties living separately and apart for a continuous period of at least <strong>12 months</strong> immediately before filing. Nobody has to prove adultery, cruelty or desertion — and proving them changes nothing.
The application is filed online through the Commonwealth Courts Portal, alone (a sole application) or together (a joint application). This template produces the <strong>supporting statement</strong> that explains and evidences the things the Court actually checks: the separation date and the 12-month period, any time you lived separated under the same roof, the arrangements for children under 18 (section 55A), your connection to Australia, and how a sole application will be served on your spouse.
A divorce order decides one thing only — that the marriage is over. It does not divide property, decide parenting arrangements or deal with spousal maintenance; those are separate processes under the Family Law Act 1975 (Cth), and the divorce starts a clock: property and spousal maintenance applications generally must be made within 12 months after the divorce takes effect. Australian courts grant most divorces on the papers, but applications with thin evidence — especially separation under one roof — get adjourned.
What's Covered in This Template
The statement follows what the FCFCOA Registrar checks on every Australian divorce file — the ground, the children, jurisdiction and service — and adapts to a sole or joint application.
Calculated 12-Month Separation
Enter your separation date and the statement works out the earliest filing date under s 48 — and warns you if the 12 months has not yet run.
Sole or Joint Application
One template covers both: a joint application signed by both spouses with no service step, or a sole application with the Respondent served.
Separation Under One Roof
If you separated but stayed in the same home, the Expert section builds the particulars the Court scrutinises — separate rooms, finances, meals and social lives — with a corroborating witness.
Children and Section 55A
Lists each child under 18 and shows the Court proper arrangements are in place for their care, welfare and development — the condition for the divorce taking effect.
Modern Parenting Language
Describes who the children live with and spend time with — the terms the Family Law Act now uses.
Jurisdiction Under s 39(3)
States your connection to Australia — citizenship, domicile, or 12 months' ordinary residence — so the Court's jurisdiction is clear on the papers.
Service of a Sole Application
Covers personal service, postal service with an acknowledgment, service on a lawyer, and substituted service when a spouse cannot be found — with the 28-day (42 if overseas) timing rule.
Overseas Marriages
Handles a marriage certificate from another country, including the translation and translator affidavit the Court requires.
Short Marriages — Current Law
Reflects the 2025 reform: the counselling certificate once required for marriages under two years was abolished from 10 June 2025.
Fees and Hearing Attendance
States the current filing fee ($1,125, reduced $375 for eligible concession holders) and whether you need to attend the hearing.
How to Create Your Divorce Statement
Five steps from separation date to a filed application.
- 1
Check the 12 Months
Enter your marriage and separation dates. The template calculates the earliest day you can file under s 48 — if you got back together for up to 3 months once, the clock pauses but does not reset.
- 2
Choose Sole or Joint
A joint application needs both signatures but no service and usually no hearing attendance. A sole application is served on your spouse.
- 3
Cover the Children
List each child under 18 and summarise where they live, time with each parent, schooling, health and financial support — what the Court must be satisfied about under s 55A.
- 4
Add the Expert Detail
Separation-under-one-roof evidence, jurisdiction, service method, an overseas marriage certificate, and any period of attempted reconciliation.
- 5
File Through the Commonwealth Courts Portal
File the Application for Divorce online with this statement attached. The divorce order takes effect one month and one day after it is made.
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Legal Considerations
Australian divorce is procedural rather than adversarial — but the procedure has rules that catch people out.
This template provides general information for parties to a marriage in Australia and is not legal advice. The divorce order ends the marriage only — property division, parenting and spousal maintenance are separate proceedings under the Family Law Act 1975 (Cth), with their own time limits. For contested service, family violence concerns, or international elements, get advice from an Australian family lawyer or community legal centre.
Reviewed for Australian family law
The Ground: 12 Months' Separation (s 48)
The only ground for divorce in Australia is irretrievable breakdown, shown by living separately and apart for a continuous period of at least 12 months immediately before filing (s 48 of the <strong>Family Law Act 1975 (Cth)</strong>). The Court must also be satisfied there is no reasonable likelihood of cohabitation resuming. A single resumption of cohabitation of up to 3 months does not break continuity, but the time together does not count toward the 12 months (s 50).
Separation Under One Roof (s 49(2))
Australian law recognises that separated couples often remain in the same home — for the children, or because Australian housing costs leave no choice. Section 49(2) lets the 12 months run while you live under one roof, but the Court requires evidence that the marital relationship genuinely ended: separate bedrooms and finances, no shared meals or social life, and usually an affidavit from an independent witness. As the Family Court held in Todd (No 2) (1976), separation is the breakdown of the relationship, not the geography.
Children of the Marriage (s 55A)
Where there are children under 18, the divorce order does not take effect unless the Court is satisfied proper arrangements have been made for their care, welfare and development (s 55A). The statement covers where each child lives, the time they spend with each parent, schooling, health and financial support — including any child support assessment through Services Australia. With children under 18, a sole applicant must attend the hearing; joint applicants generally need not.
The 2025 Reform — Short Marriages
Until 10 June 2025, Australian couples married for less than two years had to file a counselling certificate before applying for divorce. The <strong>Family Law Amendment Act 2024 (Cth)</strong> repealed former ss 44(1B)-(1C): a couple married 18 months now applies on exactly the same basis as a couple married 18 years — 12 months' separation. Templates and advice that still demand a counselling certificate are out of date.
Related Australian Templates
A divorce order does not decide parenting or property. For parenting orders, see our initiating application (parenting orders) under Part VII of the Family Law Act; for agreed arrangements, our consent orders application and parenting plan; for property and financial matters, our binding financial agreement. After a divorce, an existing will should be reviewed — see our last will and testament for Australia.
Frequently Asked Questions
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Create your Australian divorce supporting statement in minutes: a calculated 12-month separation date, the children's arrangements for s 55A, and jurisdiction and service handled. Download the PDF free, or unlock Expert for separation-under-one-roof evidence, service options and the short-marriage and reconciliation provisions.
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