Ending a marriage is never easy, but the process doesn’t have to be messy or drawn out. In Queensland, more couples are choosing to file a joint divorce application when they agree the relationship is over and want a straightforward path forward.
With the Family Court system now streamlined through the Federal Circuit and Family Court of Australia, applying jointly can help avoid delays and reduce conflict. It’s a practical choice for couples who agree; no court in most cases, and paperwork and fees are shared.
For many, a joint divorce is the simplest way to close one chapter and start another without added stress.
Here’s what you need to know about filing a joint divorce application in Queensland, including who it’s for, how it works, and what steps to take.
Even when both parties agree, joint divorce can raise legal questions, especially when children, property, or finances are involved. Get clarity and peace of mind by speaking to a trusted Queensland family lawyer. Contact VM Family Law today at 07 3447 8966 or visit vmfamilylaw.com.au for tailored legal support.
What Is a Joint Divorce Application?
A joint divorce application is when both spouses apply for divorce together, confirming in writing that the relationship has ended and they’ve been separated for at least 12 months.
In Queensland, this type of application is made through the Federal Circuit and Family Court of Australia, which handles divorce matters across all states and territories (except Western Australia).
Unlike a sole application, where one person applies and serves the divorce papers to the other, a joint application is done with mutual consent. Both people sign the application and are equally involved in the process.
No one is “served” because both are already aware and in agreement.
This option suits couples who:
- Agree the marriage has broken down.
- Can work together during the divorce process.
- Want to avoid conflict and court appearances where possible.
It’s often the easiest and most respectful way to legally end a marriage when both parties are on the same page.
Benefits of a Joint Divorce Application
Choosing a joint divorce application isn’t just about saving time; it’s about making the process smoother for both parties. When there’s agreement, this approach offers practical advantages that can reduce stress on both a personal and legal level.
Personal Benefits:
- Less conflict and emotional strain
- Shared control over the process
- No surprises. Both parties know what’s happening
Legal Benefits:
- No court appearance required in most cases
- Faster processing through the court system
- Joint responsibility for fees and paperwork means fewer delays
Who Can File a Joint Divorce Application in Australia?
To file a joint divorce application in Queensland, or anywhere in Australia, there are a few legal boxes you’ll need to tick first.
Legal Eligibility Criteria
You and your spouse must:
- Be legally married (in Australia or overseas, if recognised here).
- Agree that the marriage has had an irretrievable breakdown.
- Both sign and submit the application together.
Marriage Length and Separation Requirements
The law requires that you’ve been separated for at least 12 continuous months before applying. If you’ve been married for less than two years, you’ll also need to:
- Attend marriage counselling, and
- File a Counselling Certificate, or
- Ask the court for an exemption due to special circumstances.
Residency or Citizenship Rules
At least one of you must be:
- An Australian citizen (by birth, descent, or grant), or
- Living in Australia and consider it your home, or
- Holding a valid visa and residing in Australia.
These criteria ensure the court has the legal power to deal with your divorce.
Joint divorce applications are simpler, but they still come with legal requirements and paperwork that must be done right. If you’re ready to move forward but want a steady hand to guide you, the team at VM Family Law in Queensland is here to help.
Call 07 3447 8966 or go to www.vmfamilylaw.com.au to get started with compassionate legal advice.
Step-by-Step Process for Filing a Joint Divorce Application
Here’s a clear breakdown of what to do, what you’ll need, and how long it might take under Queensland family law.
Step 1: Confirm Separation and Agreement
Before doing anything else, both joint applicants must confirm that the relationship has broken down beyond repair. The law requires a 12-month separation period before filing your application for divorce.
This applies whether you lived in separate homes or under the same roof (with proof).
If you’re unsure whether your separation situation qualifies, especially if you continued to share space, it’s best to seek legal advice early.
Step 2: Gather Required Divorce Documents
You’ll need to collect all relevant divorce documents before starting the online application. These include:
- Marriage certificate (official, not ceremonial).
- Australian citizenship proof (e.g. if you’re a citizen by birth, visa holder, or hold a citizenship certificate).
- Any additional documents like name change records or visas.
- If married less than two years: a Counselling Certificate from a family counsellor, or an affidavit explaining why one can’t be obtained.
All documents not in English must include an affidavit of translation.
Step 3: Complete the Online Application
Head to the Commonwealth Courts Portal and create an account. You’ll both need to complete and digitally sign the application for divorce as joint applicants.
Here, you’ll provide:
- Dates of marriage, separation, and any reconciliations.
- Whether any parenting arrangements are in place (if you have children under 18).
- Confirmation that proper arrangements have been made for any children.
Be honest and thorough. Incorrect info can delay or impact the outcome of your divorce proceedings.
Step 4: Upload and Submit Documents
Upload all your divorce paperwork, including your:
- Marriage certificate
- ID and Australian citizenship documents
- Any additional documents or affidavits
- Translations if required
If you’re unsure about what to include, speak with a family lawyer who specialises in Queensland divorce law. They can ensure your submission meets all legal standards and includes what’s needed.
Step 5: Pay the Filing Fee or Apply for a Fee Reduction
The standard filing fee for a divorce in 2025 is $1060.
You may be eligible for a fee reduction if you:
- Hold a government concession card or
- Can prove financial hardship
To apply for a reduction, complete the Application for Reduction of Payment and upload it with supporting documents (e.g. bank statements, healthcare card). Fee must be paid via card, credit, debit, or pre-paid debit card.
Step 6: Wait for Divorce Hearing Date
Once your application is submitted, the court will schedule a divorce hearing date. If there are no children under 18, you probably won’t need to attend. The court will review your file and finalise the decision.
If a hearing is needed (e.g. due to parenting arrangements or family violence concerns), a registrar will let you know. These are short, usually 10–15 minutes.
After the hearing, the divorce becomes final one month and one day later.
Timeline and Final Notes
From start to finish, the divorce process typically takes:
- 6–10 weeks from filing to hearing.
- 1 month + 1 day after the hearing to become legally divorced.
Once the divorce is finalised, you can then proceed with:
- Property settlements and property division
- Spousal maintenance claims
- Ongoing parenting arrangements (if applicable)
These are separate legal processes. You may need further legal advice from a family lawyer to ensure a fair outcome, especially if complex finances or children are involved.
Feeling unsure about how to file your joint divorce application or what documents you really need? A Queensland family lawyer can walk you through the process and make sure everything’s handled correctly from the start. Call VM Family Law on 07 3447 8966 or visit www.vmfamilylaw.com.au to speak with someone who understands your situation.
Frequently Asked Questions (FAQs)
How does a joint application for divorce work?
A mutual divorce application is filed together by both spouses through the Family Law Court, confirming they meet the legal requirement of 12 months’ separation. Both parties sign the form before an authorised witness and provide an address for service.
It’s a smoother legal process when there’s agreement on separation and basic details.
Who pays for joint divorce?
The payment of divorce can be shared or covered by one party, whatever is agreed between the couple. In a joint application, both names are listed, but there’s flexibility in how the filing fee is handled.
If eligible, you may apply for a fee reduction based on income or hardship.
Is it better to be the one who filed for divorce?
Not necessarily. In a sole divorce application, one person files and must serve documents to the other. In a joint application, both agree from the start, often avoiding conflict.
There’s no legal advantage to filing first, it depends more on your situation and any legal issues or arrangements for children.
Is everything split 50/50 in a divorce in Australia?
No. Australian family law looks at financial matters based on fairness, not automatic 50/50. The court considers contributions, future needs, and care of children.
A parenting plan, age, health, and income all affect how assets are split. This often requires legal advice, especially with complex issues.
What happens if one side doesn’t want a divorce?
If the other party doesn’t agree to a mutual divorce application, you can still proceed with a Sole divorce application. As long as the legal requirement of 12 months’ separation is met, and the relationship has irretrievably broken down, the court can grant a divorce certificate even without their consent.
What is a 70/30 split divorce in Australia?
A 70/30 split happens when one party is awarded a larger share due to unique legal issues like significant caregiving, lower earning capacity, or contributions to the household. The court assesses complex issues and financial matters, rather than using a fixed formula.
Do you need a lawyer for a joint divorce?
While not mandatory, working with a firm offering family law services is wise, especially when dealing with parenting plans, asset division, or complex issues. A family lawyer can ensure all paperwork meets legal standards and that you fully understand your rights.
Conclusion
Ending a marriage is never easy, but a joint divorce application can make the legal process simpler when both partners are on the same page. Whether you’re sorting out parenting plans, paperwork, or financial details, having the right support can take a huge weight off your shoulders.
At VM Family Law, our experienced and compassionate family lawyers are here to help you make clear, informed decisions every step of the way. We have offices in Ipswich and Springfield, serving families across Queensland.
Reach out today at 07 3447 8966 or visit www.vmfamilylaw.com.au to book a confidential consultation and get the support you deserve.
