How to Notarise a Divorce Decree in Australia

Proof of an Australian divorce is most often needed overseas for one of a few reasons: remarrying in another country, updating a foreign civil registry, changing a name on a foreign passport, or dealing with property or a pension abroad. The request usually says something like "notarised copy of your divorce decree absolute, with apostille".

Part of that request describes a document Australia no longer issues, so start there.

Australia does not issue a "decree absolute"

The terms decree nisi and decree absolute belong to older Australian law and to other countries' systems. An Australian court now makes a divorce order. In the ordinary case, a divorce order takes effect one month and one day after it is made, and it is only from that point that the parties are divorced.

When a foreign authority asks for a "decree absolute" or a "final divorce", what it usually wants is evidence that the Australian divorce order has taken effect, not merely that it was made. A copy of the order alone, dated the day of the hearing, can be read abroad as an interim step. Check what the court can provide to show the order has taken effect, and make sure that is what goes to the notary.

This is the point specific to divorce: the gap between Australian terminology and the foreign request is where most rejections start.

Start with the court, not the notary

A notary cannot certify that you are divorced. Only the court's records can show that. What a notary does is certify a copy of the court document you produce.

So the first step is to obtain the divorce order, and any evidence that it has taken effect, from the Federal Circuit and Family Court of Australia. Divorce orders are now commonly issued electronically rather than as a sealed paper document. Obtain the court's own copy rather than a screenshot or a forwarded email.

Does it need a notary at all?

A divorce order is a court document, which is a kind of public document. DFAT can authenticate or apostille some Australian public documents directly, without a notary. Whether that applies to your order depends on the form it is in and how it was issued. Ask DFAT before booking a notary.

A notary typically comes into it when:

• the order was issued electronically and the destination wants a certified, authenticated paper document
• the receiving authority wants certified copies rather than the court's copy
• you also need to sign a declaration, for example about your marital status or a change of name

The divorce order is not the property or parenting orders

A divorce order ends the marriage. It does not deal with property, spousal maintenance or children. Those are separate orders, often made at different times, sometimes by consent.

If the foreign authority needs to know how property was divided, or who may make decisions about a child who is travelling or relocating, it needs those orders too, each certified separately. Work out which orders are relevant before the appointment. Sending only the divorce order where the issue is property abroad wastes a full authentication chain.

Names

The divorce order records the names of the parties as they were in the proceedings. If you have since resumed a former name, or your name is spelled or transliterated differently in the foreign records, the receiving authority may want to see the link: the marriage certificate, a change of name certificate, or a declaration explaining the difference. Deal with it at the same appointment.

Recognition abroad is decided abroad

Whether another country treats your Australian divorce as valid is a question of that country's law. Many recognise it on production of the right documents. Some require a local recognition procedure before, for example, you can remarry there. If you are remarrying abroad, ask the registry or a local lawyer what they need before you begin, because it determines what you have notarised.

The reverse situation, an overseas divorce being relied on in Australia, raises its own legal questions and is a matter for a family lawyer.

At the appointment

Bring photo identification, the court document or documents, any change of name or marriage certificate needed to link names, and the receiving authority's written requirements. Either party to the divorce can usually arrange certified copies; a declaration must be signed by the person making it.

Apostille or legalisation

The notarial certificate goes to DFAT: an apostille for a Hague Apostille Convention country, or authentication then embassy legalisation for other countries. No notary can issue an apostille. Civil registries in non-English-speaking countries commonly also want a certified translation; ask whether it should be done before or after the apostille.

What it costs

Notarial fees are not fixed by statute and vary between practitioners. As a market estimate only:

• certified copy of the divorce order: roughly $80–$150
• each additional document or copy at the same appointment: roughly $20–$50
• a declaration about marital status or names: usually a separate fee

What drives the cost up for a divorce: needing property or parenting orders as well as the divorce order, a name-linking declaration, translation of every document into the destination's language, and several destinations. DFAT and embassy fees are separate and charged per document.

Frequently asked questions

Can a Justice of the Peace certify the divorce order? Not for use overseas. A JP's certification is not recognised abroad and cannot be apostilled.

When can I remarry? In Australia, not before the divorce order takes effect. Abroad, the destination's own rules also apply, and some require recognition of the divorce first.

My ex-spouse has the only copy. Can I still do this? Obtain your own copy from the court. You do not need the other party's copy or consent to get certified copies of your own divorce order.