Knowing how to apply for divorce in Queensland is a crucial step when a marriage comes to an end. In Australia, divorce is the legal end of a marriage and is based on one ground only: that the relationship has broken down irretrievably, shown by 12 months’ continuous separation.
Divorce is no-fault: the Court does not consider who caused the breakdown. Although people often talk about “state” processes, divorce is a federal process under the Family Law Act 1975 (Cth) and is dealt with by the Federal Circuit and Family Court of Australia (FCFCOA), including for Queensland residents.
Please note: this is general information only and not legal advice — please contact VM Family Law for tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
Legal Requirements to Apply for Divorce in Queensland
Divorce applications are made to the FCFCOA under the Family Law Act 1975 (Cth). To be eligible you must meet all of the following:
12-Month Separation Requirement
You and your spouse must have been separated for at least 12 continuous months immediately before filing. Separation can occur while living under the same roof, but you’ll need supporting evidence (for example, affidavits explaining the separation and the change in your domestic arrangements).Australian Citizenship, Domicile or Residence
At the time of filing, either you or your spouse must be:
• an Australian citizen (by birth, descent or grant), or
• domiciled in Australia, or
• ordinarily resident in Australia and have been so for at least 12 months immediately before filing.Valid Marriage Certificate
Provide your official marriage certificate. If you married overseas and the certificate is not in English, lodge a translation and an affidavit of translation.No-Fault System
The Court is concerned only with whether the marriage has broken down irretrievably (12-month separation) and whether proper arrangements have been made for any children under 18.Separated Under One Roof (if applicable)
If you were separated but living together for part or all of the 12 months, file affidavit material (from you and, if possible, a third party) addressing matters such as changed sleeping arrangements, finances, social presentation as a couple, and the date and nature of separation.
Tip: If you have children under 18, the Court must be satisfied that proper arrangements are in place for their care, welfare and development before granting a divorce.
Should You Apply Solely or Jointly?
You can file:
Sole application
• One party files.
• You must serve the filed application on your spouse according to the Court’s service rules (different timeframes apply if your spouse is overseas).
• Attendance may be required, particularly if there are children under 18.
Joint application
• Both parties sign and file together.
• No service is required and attendance is usually not required.
• Often the simplest option where both parties agree the marriage has ended and can cooperate on the paperwork.
If you’re unsure which path fits your circumstances, obtain legal advice before filing.
How to Apply for Divorce in Queensland — Step by Step
Step 1: Set up your online Court account
Use the Commonwealth Courts Portal to start, complete and file your Application for Divorce, upload documents, track your matter, and download the Divorce Order once made.
Step 2: Complete the Application for Divorce
Provide details of the marriage, the date separation began, any periods of reconciliation, and information about children under 18 and their arrangements. Indicate whether it’s a sole or joint application.
Step 3: Prepare and upload supporting documents
Attach your marriage certificate and any required affidavits (for example, separation under one roof; translation; service). Ensure names in the application match the certificate (attach proof of name change if relevant).
Step 4: Pay the filing fee (or apply for a reduced fee)
A filing fee applies. Fee reductions may be available (for example, concession-card holders or financial hardship) if you provide supporting documents with a fee-reduction application. Check the current fee on the Court’s official schedule before filing.
Step 5: File the application online
Once accepted for filing, the Court allocates a hearing date (sometimes called a list date). For joint applications, service is not required. For sole applications, go to Step 6.
Step 6: Serve the application (sole applications only)
Arrange service on your spouse by a person other than you (for example, a process server or another adult). Follow the Court’s service timeframes and file proof of service (affidavit of service and, if applicable, acknowledgment of service).
Step 7: Attend the hearing (if required)
Attendance is generally not required for joint applications. For sole applications where there are children under 18, attendance is commonly required (appearances are often short and may be by videolink). Bring or have filed all necessary affidavits.
Step 8: When does the divorce take effect?
If the Court grants the divorce, the Divorce Order takes effect one month and one day after it is made. You can download the sealed Divorce Order from the Portal once it takes effect.
What Happens After the Divorce Is Finalised?
Your legal status changes to divorced once the Divorce Order takes effect (one month and one day after the order is made).
Parenting and property/financial issues are separate to the divorce. If these are unresolved, seek legal advice promptly.
Limitation period for property/spousal maintenance: In most cases, you must start proceedings for property settlement or spousal maintenance within 12 months of the divorce becoming final (different limits apply to de facto relationships). Get advice early if the deadline is approaching.
Frequently Asked Questions (FAQs)
How do I apply for a divorce in QLD?
Prepare and file an Application for Divorce through the Commonwealth Courts Portal, attach your marriage certificate and any required affidavits, pay the filing fee (or apply for a reduction), and comply with service requirements if you filed a sole application.
Do I have to go to court?
Usually not for joint applications. For sole applications, attendance is commonly required where there are children under 18 or if the Court needs clarification.
Can I be divorced if my spouse won’t cooperate?
Yes. You can file a sole application. You must serve your spouse according to the rules. If you cannot locate them, you may seek substituted service or dispensation of service orders with supporting evidence.
What if we were separated but still lived together?
You can still meet the 12-month separation requirement, but you’ll need affidavits explaining the circumstances (for example, separate rooms/finances/social lives and when the relationship ended).
Is everything split 50/50 after divorce?
Not automatically. Property settlement is determined under the Family Law Act 1975 (Cth) by considering contributions and future needs, aiming for a just and equitable outcome. This is a separate process from divorce.
When can I remarry?
Only after your Divorce Order takes effect (one month and one day after it is made). Ensure your order is final and accessible in the Portal before arranging a wedding date.
If you’d like help choosing between a joint or sole filing, preparing affidavits (for separation under one roof, service, or fee reduction), or planning next steps for parenting or property, the team at VM Family Law is ready to help.
Official Information Sources
Queensland Law Handbook – Divorce and separation; proof, service and related family-law basics
https://queenslandlawhandbook.org.au/Federal Circuit and Family Court of Australia – Divorce applications, eligibility, filing, service, fees and hearings
https://www.fcfcoa.gov.au/Legal Aid Queensland – Divorce, service, separation under one roof, parenting and property after separation
https://www.legalaid.qld.gov.au/Queensland Government (Families and Legal) – Separation and family-law pathways information for Queenslanders
https://www.qld.gov.au/families/legalFamily Relationships Online – Separation guidance and family dispute resolution services
https://www.familyrelationships.gov.au/Queensland Law Society – Find a Queensland family-law practitioner; legal resources
https://www.qls.com.au/
