How to get a divorce in QLD: A complete legal guide

If you’re thinking about separating, or are already separated, and live in Queensland, you’re likely thinking about the next step. And that is how to get a divorce in Queensland.

Luckily the process for getting a divorce is fairly straight forward, and our team is on hand to help as well.

Here is everything you need to know about how to get a divorce in Queensland. 

What are the requirements/criteria for getting a divorce in Queensland?

Divorce is simply the official ending of a marriage. The Federal Circuit and Family Court of Australia (Family Court) handles all divorces, even those in Queensland, so the process remains pretty much the same. 

In fact, all across Australia, the only two requirements for getting a divorce is that there’s been an ‘irretrievable breakdown’ of the marriage, and that you have been separated from your spouse for 12 months with no likelihood of getting back together. 

Of course, to apply for a divorce in the Family Court, you and your ex must also meet residency requirements, in particular:

• Be Australian citizens or have lived in Australia and consider it your permanent home.
• Normally live in Australia and have lived here for at least 12 months before you applied for the divorce.

How to get a divorce in Queensland

Once you determine you’re eligible, here’s how to file for divorce in QLD in 10 steps.

1. Decide if you’re filing jointly or solely?

First, decide whether you’re applying jointly (i.e., together) or solely (i.e., on your own). If you file on your own you’ll need to be prepared to serve your ex with the divorce application. 

2. Register for the Portal

Second, register for the Commonwealth Courts Portal (if you will be applying online). This will allow you to file all your paperwork online, which is a quick and easy process.

To register, go to www.comcourts.gov.au, click on ‘New users can register now; and create your username and temporary password. Once you’ve done this, you’ll receive an auto-generated email that will prompt you to create a new password and an email with information about how to navigate the portal and manage your application.

3. Get a counselling certificate (if needed)

Third, if you’ve been married less than two years, you’ll need to obtain a counselling certificate. You will need to attend counselling with your ex in order to get the certificate. If you aren’t able to attend counselling with your ex for any reason, you’ll need to file an affidavit instead. 

4. Get your marriage certificate (and other documentation)

Fourth, provide the Family Court with all the required documentation, including a copy of your marriage certificate. If you can’t get a copy of your marriage certificate, you must file an affidavit explaining the circumstances instead. 

5. Separated, but living together? You’ll need additional evidence

Fifth, provide the Family Court with extra information if you’ve been separated but living under one roof. While it’s more than OK to separate and stay living in the same home, you will likely need to provide extra evidence to prove that there was a change in the marriage circumstances. This generally means preparing and filing an affidavit. 

6. Show your parenting arrangements

Sixth, provide particulars of care arrangements for any children under the age of 18 that are ‘children of the marriage’. This includes care arrangements, schooling, health care, contact with each parent and financial support arrangements. 

7. Finalise your application

Eighth, finalise your application for divorce via the Commonwealth Courts Portal. Once you’re registered for the Portal and have all your documents ready, select ‘Start a new file’ to begin your application for divorce. You’ll need to do this even if you have another family law proceeding already in place.

The full step-by-step details for e-filing your application are available on the Family Court’s website. 

After the application is filled out, you’ll need to print it and sign the Affidavit for eFiling Application (Divorce). If you’re filing on your own, you need to sign this in front of a lawyer of Justice of the Peace. If you’re filing jointly, both you and your ex-partner will need to sign this in front of a lawyer or JP. 

8. Lodge your application and pay court fees

Once your Affidavit is signed, you’ll need to upload it to the Portal and pay the Family Court fees. We’re often asked how much a divorce costs in Queensland. The fee is actually set by the Family Court. So regardless of where you live in Australia, in most cases the fee to apply for divorce is $1,100, though some people may be eligible for a reduced fee of $365. You’ll have to provide evidence via an affidavit to get a reduced fee.

9. Select your court date

After you lodge your application, you will be asked to select a court date. All divorces must be given a court date even if you aren’t required to attend. 

10. If you’ve filed solely, serve your ex-partner

If you filed a sole application for divorce, you need to serve a copy of the application and all the relevant documents on your ex. You can serve via post or in person. For full details on the best way to serve your ex check out our step-by-step guide.

How long does a divorce take in QLD?

Once you’ve passed the initial 12 month requirement, it generally takes about four to six months to have a divorce decree issued. This is because it typically takes about three to five months to get your court date after you’ve filed your documents. 

Once the Family Court approves your divorce at your hearing, you must then wait a month and one day before you will receive your Divorce Order. Once you have that document, you are officially divorced and free to remarry if you like. 

How can I get a copy of my divorce certificate in Queensland?

Once your divorce is granted, you can download a copy from the Portal the next working day after the order has become final. Simply log in to the Portal, then go to the ‘Available files’, select the ‘All’ tab, and choose your file. 

If you’ve already been divorced and you’re looking to obtain a copy of your divorce certificate, you can follow the same process.

Getting help

Getting help with your divorce can make the entire process smoother and quicker, especially if it is contested or you are seeking to annul the marriage. Our experts can help you understand and protect your rights and make sure you get the best results, and remember, there is a 12 month time limit to issue on financial matters after the granting of a Divorce. This process can be challenging, but it can also be a fresh start. The more you know, the better able you’ll be to take the best action for your situation. 

Request a call back from our supportive team via the form below, or call us directly.