Divorce is a significant life decision, and if you’re considering it, you likely have many questions about the process. In Queensland, divorce is governed by Australian federal law, meaning the steps are the same across the country. However, navigating the legal system can still feel overwhelming.
This guide will walk you through the entire process—from eligibility requirements to filing your application and finalizing your divorce. Whether you’re just starting to think about divorce or are ready to file, this article will provide clarity and direction.
Understanding Divorce in QLD
Before diving into the steps, it’s essential to understand what divorce means legally in Australia.
- Divorce vs. Separation: Divorce is the legal end of a marriage. Separation (living apart) can happen before filing for divorce.
- No-Fault System: Australia operates under a “no-fault” divorce system, meaning the court doesn’t consider why the marriage ended—only that it has broken down irretrievably.
- Parenting & Property: Divorce doesn’t settle parenting arrangements or property division—these are separate legal processes.
Now, let’s break down the steps to get a divorce in Queensland.
Step 1: Check Your Eligibility
Before applying, ensure you meet the legal requirements:
1. You Must Be Legally Married
- The marriage must be recognized under Australian law.
- If married overseas, you may still apply if Australia recognizes the union.
2. You Must Prove the Marriage Has Broken Down
- You and your spouse must have been separated for at least 12 months with no chance of reconciliation.
- You can live under the same roof (separated but living together) but must provide additional evidence.
3. Australian Residency Requirements
- Either you or your spouse must:
- Be an Australian citizen or
- Live in Australia permanently or
- Regard Australia as your home and have lived here for at least 12 months before filing.
If you meet these criteria, you can proceed with your divorce application.
Step 2: Decide Whether to Apply Alone or Jointly
You can file for divorce:
- Sole Application (just you) – If your spouse doesn’t agree or you can’t cooperate.
- Joint Application (both of you) – If you both agree to divorce and can complete the paperwork together.
A joint application is usually simpler and cheaper (only one filing fee). However, if your spouse refuses to sign, you can still apply alone.
Step 3: Gather Required Documents
You’ll need:
✅ Marriage Certificate
- If married in Australia, you can get a copy from the Registry of Births, Deaths & Marriages.
- If married overseas, provide the original or a certified copy (with an English translation if necessary).
✅ Proof of Separation (if living together during separation)
- Affidavits from friends/family confirming your separation.
- Separate bank accounts, utility bills, or statutory declarations.
✅ Parenting Plan (if applicable)
- If you have children under 18, you must show the court that proper care arrangements are in place.
✅ Identity Documents
- Driver’s license, passport, or birth certificate.
Step 4: Complete the Divorce Application
The application is submitted online via the Commonwealth Courts Portal.
Key Sections of the Application:
- Personal Details (names, addresses, marriage date)
- Separation Date (must be at least 12 months before filing)
- Children’s Details (if applicable)
- Hearing Attendance (required if children under 18 are involved)
If filing jointly, both spouses must sign. If filing alone, you’ll need to serve the papers to your spouse (more on this later).
Step 5: File the Application & Pay the Fee
Once completed:
- Submit online via the Commonwealth Courts Portal.
- Pay the filing fee:
- $1,060 (as of 2024)
- Reduced fee ($350) if you hold a concession card or face financial hardship.
After submission, you’ll receive a Case Number and a Court Date (if required).
Step 6: Serve the Divorce Papers (If Applying Alone)
If you filed a sole application, you must legally notify your spouse by serving them the divorce papers.
How to Serve Divorce Papers in QLD:
- By Post – Only if your spouse agrees to sign an Acknowledgment of Service.
- In Person – A third party (over 18) can hand-deliver the documents.
- Through a Process Server – A professional who ensures legal delivery.
Important: You must file an Affidavit of Service to prove your spouse received the papers.
Step 7: Attend the Court Hearing (If Required)
You must attend if:
- You filed a sole application and have children under 18.
- The court requests your presence.
Otherwise, the divorce may be granted without attendance.
What Happens at the Hearing?
- The judge checks that all legal requirements are met.
- If approved, they grant a Divorce Order.
Step 8: Receive Your Divorce Certificate
After the hearing:
- The divorce becomes final one month and one day after the order is made.
- You’ll receive an official Divorce Certificate via mail or the online portal.
This certificate is proof your marriage has legally ended.
What Happens After Divorce?
Divorce finalizes the end of your marriage, but other matters may still need resolving:
1. Property Settlement
- Must be done within 12 months of divorce (or 2 years for de facto couples).
- Can be agreed privately, through mediation, or court.
2. Parenting Arrangements
- If not already settled, you’ll need a Parenting Plan or Court Order.
3. Updating Legal Documents
- Change your will, superannuation beneficiaries, and other legal documents.
Frequently Asked Questions (FAQs)
1. Can I Get a Divorce Without My Spouse’s Consent?
Yes, you can apply alone. However, you must properly serve them the papers.
2. How Long Does a Divorce Take in QLD?
- Minimum 4 months (12 months separation + 1 month after court approval).
3. What If We Reconcile During the 12-Month Separation?
If you reconcile for less than 3 months, the separation period continues. If longer, the 12-month period restarts.
4. Do I Need a Lawyer?
For an uncontested divorce, you can self-file. However, legal advice is recommended for complex cases (e.g., disputes over children or assets).
Final Thoughts
Getting a divorce in QLD involves several legal steps, but with the right information, it doesn’t have to be overwhelming. The key takeaways:
✔ Ensure you meet the 12-month separation rule.
✔ Decide whether to file jointly or alone.
✔ Complete the online application and pay the fee.
✔ Serve the papers correctly (if applying alone).
✔ Attend court if required.
If you’re unsure about any step, consider consulting a family lawyer or accessing free legal resources from Legal Aid Queensland.
Need Further Help?
- Legal Aid QLD: www.legalaid.qld.gov.au
- Family Court of Australia: www.federalcircuitcourt.gov.au
Divorce marks the end of one chapter—but it can also be the start of a new, empowered future. By understanding the process, you can move forward with confidence.
Would you like recommendations for divorce support services in QLD? Let me know in the comments!
