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: 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:
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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?
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Your legal status changes to divorced once the Divorce Order takes effect (one month and one day after the order is made).
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Parenting and property/financial issues are separate to the divorce. If these are unresolved, seek legal advice promptly.
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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 divorce in Queensland?
To apply for divorce in Queensland, submit an application through the Commonwealth Courts Portal. You must meet eligibility requirements, complete the application for divorce, pay the filing fee, and attend a hearing if required (especially when children under 18 are involved).
What are the requirements to file for divorce in Queensland?
You must be legally married, separated for at least 12 months, and either an Australian citizen, permanent resident, or have lived in Australia for at least 12 months before applying.
Can I apply for divorce without my spouse’s consent?
Yes. You can file a sole divorce application without your spouse’s agreement. You’ll need to serve the application to them and provide proof of service before the court can finalise the divorce.
How much does it cost to apply for divorce in Queensland?
As of 2024, the standard filing fee is $1,060, but you may be eligible for a reduced fee if you hold a concession card or can prove financial hardship.
Do I have to go to court for a divorce?
Usually no, unless you’re filing a sole application and have children under 18. In that case, attendance at a divorce hearing is required to ensure proper arrangements are in place for the children.
How long does a divorce take in Queensland?
Once filed, a divorce typically takes 3 to 4 months to be finalised. After the hearing (if applicable), the court issues a divorce order, which becomes final one month and one day later.
What documents do I need to apply for divorce in Queensland?
You’ll need your marriage certificate, proof of separation, and citizenship or residency documents. If the certificate is in another language, provide a certified English translation and affidavit.
Going Through Divorce? Let VM Family Law Support You Every Step of the Way
Understanding how to apply for divorce is just the beginning — but you don’t have to navigate it alone. At VM Family Law, we provide compassionate, expert legal guidance for individuals facing separation and divorce in Queensland. Whether you’re filing a sole or joint divorce application, need help with service requirements, or have concerns about parenting or property matters, our team is here to support you with clarity and care.
We also offer professional support with family dispute resolution, child support, parenting arrangements, and other family law mediation services, helping you move forward with confidence and stability.
For tailored legal advice and compassionate support, call 07 3447 8966 or visit www.vmfamilylaw.com.au today to book a confidential consultation.
Let us help you take the next step toward a more secure future.
Official Information Sources
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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/legal -
Family 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/
