Knowing how to apply for divorce in Queensland is a crucial step when a marriage comes to an end and there’s no going back. In Australia, divorce means the legal end of a marriage, and it’s based on one simple fact: the relationship has broken down with no reasonable chance of reconciliation.
It’s not about blame or fault. Understanding how divorce works in Queensland matters because the process, documents, and legal steps can vary from state to state.
This guide is for anyone going through separation—whether you’re filing alone or together—and walks you through every detail from eligibility to what happens next. Let’s break down the divorce process in Queensland, one clear step at a time.
Going through a divorce and need expert advice?
Speak with trusted family lawyers in Queensland who understand the emotional and legal side of separation. At VM Family Law, we offer clear, compassionate support to help you with your divorce applications. Reach out today at 07 3447 8966 or visit vmfamilylaw.com.au to book a consultation.
Legal Requirements to Apply for Divorce in Queensland
Divorce in Queensland is the legal process of formally ending a marriage under the Family Law Act 1975 (Cth). It’s handled by the Federal Circuit and Family Court of Australia, which oversees family law matters across the country, including Queensland.
The only grounds for divorce are the irretrievable breakdown of the marriage, which is proven by a continuous 12-month separation period.
This is a no-fault divorce system, which means the Court doesn’t consider why the marriage ended or who was at fault. Instead, it focuses on whether there’s a reasonable likelihood of reconciliation.
The same process applies to all married couples, regardless of gender or length of marriage.
Before starting the divorce process, you must ensure you meet all legal criteria under Australian family law. These requirements apply regardless of whether you’re applying as a sole or joint applicant.
Here’s what you need to legally qualify for divorce in Queensland:
1) 12-Month Separation Requirement
You must have been separated for at least 12 continuous months before applying. Separation can include living in the same house, provided you’re no longer in a genuine domestic relationship.
2) Australian Citizenship or Residency
Either you or your spouse must:
- Be an Australian citizen by birth, descent or grant;
- Be ordinarily resident in Australia, and have lived here for the 12 months before applying; or
- Consider Australia your permanent home and intend to live here indefinitely.
3) No-Fault Divorce System
The Court does not investigate the reasons for the marriage breakdown. The focus is purely on the relationship’s irretrievable breakdown and the 12-month separation period.
4) Valid Marriage Certificate
You must provide your official marriage certificate. If you were married overseas, you’ll need a certified copy, plus a translated version in English and an affidavit of translation if the original isn’t in English.
5) Living Under One Roof Situations
If you and your spouse were separated under one roof, you must supply additional evidence, such as sworn affidavits from both parties (or a third party) explaining how and when the relationship ended while still living together.
These requirements must be satisfied before submitting your Application for Divorce. The Court may reject your application if anything is missing or unclear, so it’s important to prepare everything properly.
Should You Apply for Divorce Solely or Jointly?
When filing for divorce in Queensland, you can choose between a sole application or a joint application. The option you choose depends on your situation and the level of cooperation between you and your spouse.
A sole application means one person applies for the divorce. You’ll be responsible for serving the documents to your spouse and may need to attend court, especially if there are children under 18.
A joint application is where both parties apply together. This approach is often simpler, with no need to serve papers or attend a court hearing in most cases.
Here’s a quick breakdown of the pros and cons of each:
Sole Application
Pros:
- Can proceed even if the other spouse doesn’t agree
- Suitable when there’s no communication or cooperation
Cons:
- You must serve the divorce papers to your spouse
- May require a court appearance
- Can be more stressful and time-consuming
Joint Application
Pros:
- No need to serve documents
- Generally faster and more straightforward
- Usually no court attendance required
Cons:
- Requires cooperation and signatures from both parties
- Not suitable if your spouse is unwilling to participate
If you’re unsure which option is right for you, family lawyers in Queensland, like the team at VM Family Law, can offer tailored advice based on your circumstances. They can help you prepare your application properly, ensure legal requirements are met, and reduce stress during the process.
How to Apply for Divorce in Queensland – Step-by-Step Process
If you’re wondering how to file for divorce in Queensland, the process is more straightforward than you might expect, especially if you’re organised. Understanding the official steps ensures your application meets the legal standards and avoids delays.
Here’s a clear, easy-to-follow breakdown of the divorce application process in QLD, including timelines, fees, and what to expect at each stage.
Step 1: Create an Account on the Commonwealth Courts Portal
Register at www.comcourts.gov.au. This portal is where you’ll complete your application, upload documents, track progress, and receive your divorce order. It’s free to register and essential to get started.
Step 2: Complete the Application for Divorce Form
Fill in the Application for Divorce online through the portal. You’ll need to provide details about your marriage, separation, children under 18 (if any), and legal arrangements. This can be done by one spouse (sole) or both (joint).
Step 3: Prepare and Upload Supporting Documents
Attach your official marriage certificate, ID, and any required affidavits (e.g. for separation under one roof or translation of documents). If married overseas, ensure translated versions are certified and accompanied by an affidavit of translation.
Step 4: Pay the Filing Fee
As of 2025, the standard filing fee is $1,060. You may be eligible for a reduced fee of $350 if you hold a concession card or can prove financial hardship. Apply for this reduction during the filing process on the portal.
Step 5: File the Application Online
Once complete, submit the form and documents via the portal. You’ll receive a Notice of Application and a hearing date. For joint applications, there’s no service required. For sole applications, you must serve the other party.
Step 6: Serve the Application (Sole Applicants Only)
You must personally serve the divorce papers to your spouse at least 28 days before the hearing (or 42 days if they’re overseas). You cannot do this yourself—use a process server or another adult not involved in the case.
Step 7: Attend the Hearing (If Required)
Court attendance is usually only necessary for sole applicants with children under 18. If required, the hearing is brief and held in the Federal Circuit and Family Court of Australia. Hearings can often be attended online.
Step 8: Wait for the Divorce to Become Final
If the Court grants your divorce, it becomes final one month and one day after the hearing. You’ll be able to download your Divorce Order (official certificate) from the court portal.
Following each step carefully will make the process smoother and help you avoid delays or rejections. If anything feels unclear, talking to a family lawyer can give you peace of mind.
Looking for compassionate family lawyers in Ipswich, Greater Brisbane, or across Queensland?
At VM Family Law, we understand that divorce can be one of the most emotional and challenging times in your life. Our team offers not just expert legal advice but genuine, compassionate support every step of the way. Call 07 3447 8966 or visit vmfamilylaw.com.au to book your consultation and speak with caring professionals who truly listen.
What Happens After the Divorce Is Finalised?
Once the court grants your divorce, it doesn’t become official straight away. The Divorce Order becomes final one month and one day after the hearing date.
You’ll get a digital copy through the Commonwealth Courts Portal—this is your legal proof of divorce.
When the order is finalised, your legal status changes from “married” to “divorced.” This affects things like your ability to remarry, change your name, or update records with government agencies and banks.
It’s important to know that property settlement and parenting arrangements are not automatically handled by the divorce itself. These are separate legal processes.
You generally have 12 months from the date your divorce is final to apply for a property settlement, so it’s smart to get legal advice if you haven’t sorted that out yet.
Talk to VM Family Law – Experienced & Compassionate family lawyers in Queensland
Unsure what comes after your divorce is finalised? At VM Family Law, our experienced family lawyers in Ipswich and Greater Brisbane can help you take the next steps with confidence.
Whether it’s sorting out property settlements or parenting arrangements, we guide you through it, clearly and simply. Serving clients across Queensland, we offer compassionate and personalised consultation to help you move forward. Call us at 07 3447 8966 or visit vmfamilylaw.com.au today.
Frequently Asked Questions (FAQs)
How do I apply for a divorce in QLD?
To apply, complete the application form via the Commonwealth Courts Portal and provide all relevant documents, including your marriage certificate and any required proof of service if you’re a sole applicant.
Make sure you meet the Residency Requirements, have separated for 12 months, and follow the step guide set by the family law courts to finalise your actual divorce.
How much does it cost to file for divorce in QLD?
As of 2025, the filing fee is $1,060, but you may qualify for a reduced fee of $350 if facing financial hardship or holding a concession card. Keep in mind, this cost doesn’t cover legal help with property matters, Child support arrangements, or financial arrangements.
What is a 70/30 split divorce in Australia?
A 70/30 split refers to the division of assets where one party receives 70% and the other 30%, often based on factors like non-financial Contributions, financial documents, and property rights.
This usually arises in divorce settlements when the court considers the entire process, including real estate, superannuation, Joint assets, and living arrangements.
How long does it take to get divorced in Queensland?
Once your application is lodged, the divorce hearings usually happen within 2–3 months, and your actual divorce becomes final one month and one day after the hearing. However, any time limits for related matters like property matters or child custody arrangements are separate and must be resolved independently.
Can I get divorce without going to court in Australia?
Yes, if it’s a joint application with no children under 18, you typically won’t need to attend court. However, if you’re filing alone or there are disputes around living arrangements, child support arrangements, or family violence, divorce lawyers may advise appearing before the family law courts.
How long does it take for a divorce to be finalised in Qld?
After the time of filing, most divorces are finalised roughly four months later—this includes application review, service of documents, and the mandatory one-month wait post-hearing.
To avoid delays, ensure all legal documents, service documents, and extra evidence (if required) are submitted correctly and on time.
Final Thoughts
Going through a divorce is never easy, but understanding the steps, legal requirements, and timeframes can make the process feel more manageable. Whether you’re applying alone or with your ex-partner, having the right information and support can ease the pressure.
If you’re unsure about how to go through divorce, parenting arrangements, or property matters, speaking to experienced family lawyers in Queensland can make all the difference.
If you’re based in Ipswich, Greater Brisbane, or anywhere in Queensland, the team at VM Family Law is here to help with real advice and genuine care. Call 07 3447 8966 or visit vmfamilylaw.com.au to talk with our team of family lawyers and take that first step with confidence.
