Are you getting a divorce?
Make sure you get the best outcome possible, for you and your families’ future.
More than 100+ years of combined lawyer experience.
Queensland Family Law Practice helps people in Queensland navigate separation and divorce from first questions to the final orders. We guide you to prepare the right forms and file them online so your divorce application is handled correctly the first time. If you’re ready to move forward, contact us for practical legal advice today.
Check if you are eligible for divorce in Queensland
You can apply if the marriage has broken down irretrievably and you have been separated for a continuous 12 month period. The court is satisfied there is no reasonable likelihood of getting back together after at least 12 months with no likelihood of reconciliation.
In practice, you must be living in Australia as a citizen, permanent resident, or normally live in Australia, or you married in Australia and have lived here recently. If you were living under one roof during separation, you may need to provide extra evidence that separation and divorce were genuine.
Quick definitions
- Ground for divorce: Irretrievable breakdown proved by a 12 month separation.
- Legal requirements: Eligibility based on residence/citizenship and evidence of separation.
- One roof: Separation while sharing a home, which may need affidavits.
To decide, consider whether you have been separated for 12 months, including any period living under one roof, and whether you still share finances. If you reconciled for a short time and then separated again, you may still apply to the court if the total separation meets the time of filing the application rule.
Gather documents and prepare your application for divorce
You will need a copy of your marriage certificate and identification. If married overseas and the certificate is not in English, you may need to file an affidavit explaining the translation and attach a certified version. If you cannot locate the original, order a copy of your marriage certificate or keep a copy of your marriage certificate issued by the registry.
You may need to file an affidavit preparing and filing an affidavit in support of your application if you were living under one roof, cannot find your spouse, or there are errors in names or dates. You will also need to serve a copy of the application to the other party if you filed a sole application.
Checklist
- Valid marriage certificate.
- Addresses and emails to serve the application to the other party.
- Evidence for one roof situations.
If your application and there are children under 18, include details of their care, schooling, and support so the court file has the information needed.
File your divorce online in Queensland
Most people file for divorce via the commonwealth courts portal. You can lodge a joint application or a sole application and upload documents as PDFs. The portal will generate your court file and assign a court date if a hearing is required. Many straightforward matters are decided on the papers.
Portal pointers
- Create an account and navigate the portal to start the divorce application.
- Upload your documents and pay the court filing fee by card.
- After submission, check the portal the next working day for updates and to get a copy of digital receipts and listings.
If you still apply for a divorce and cannot use the internet, community legal centres or legal aid Queensland can offer free legal advice and information about alternatives. Our team can also help you apply to the court in person where needed.
Serving documents when you filed a sole application
If you filed a sole application, you need to serve a copy of the application on your spouse. Service proves the other party knows about the divorce proceedings. You may use post, a process server, or someone over 18. You may need to file an affidavit of service showing when and how service occurred.
Service options
- Personal service by an adult other than you.
- Service by post with acknowledgement.
- Substituted service if your spouse cannot be located.
Consider a quick scenario: you have an overseas spouse and limited contact. You may need to apply for substituted service and file an affidavit explaining the attempts you made to locate them, with documents in support of your application.
Your divorce hearing and what to expect
Not every matter needs a divorce hearing. If there are children, the court may list a short hearing to confirm arrangements. You may need to attend the divorce hearing if service is disputed or if you need to provide more evidence. Sometimes the court sets a brief divorce hearing to explain issues such as one roof separation or name discrepancies.
Hearing snapshot
- The court date appears in your portal account.
- Bring identification and any extra documents the registry requested.
- If questions arise, the registrar may ask for clarifications.
If you cannot attend in person, you may seek leave to appear by phone or video. If you have filed a sole application for divorce and service was difficult, bring proof and be ready to answer questions.
When the divorce order becomes final and next steps
After the court approves your divorce, a divorce order is sealed electronically. The divorce becomes final one month and one day after the date your divorce order is made, unless shortened in special circumstances. Once a divorce is granted and the divorce order becomes final, you are free to remarry one day after the divorce.
Key timings
- Standard waiting period: one month and one day.
- The granting of a divorce is recorded on the portal.
- You can get a copy of the sealed order anytime.
Always download proof of divorce from the portal for your records. Remember you must apply within twelve months of the divorce order becoming final to start property or spousal maintenance proceedings, otherwise you may need special leave.
Parenting and Property Settlements Are Separate in Family Law
Parenting and property matters follow separate legal processes under the Family Law Act. This means you may need different applications depending on what you want resolved.
If your property settlement is not finalised, it’s important to get legal advice quickly. You must file a property settlement application within 12 months of your divorce becoming final. If you miss the deadline, you’ll need special permission from the Court — which is not always granted.
Common pathways
Parenting
- Parenting consent orders: A legally binding way to formalise care arrangements.
- Parenting Plan: A written agreement that is not legally enforceable but can guide co-parenting.
- Mediation: Often required before going to Court. Many families start with mediation or Family Dispute Resolution.
Property
- Negotiated Agreement: Reaching a fair property settlement between both parties, then formalising it with Consent Orders.
- Court Application: If agreement isn’t possible, you may need to ask the Court to decide the division of property, assets, superannuation and liabilities.
A Helpful Decision Prompt
If you and your former partner have joint assets, debt or superannuation, it is usually best to start your property settlement soon after separation, rather than waiting until divorce.
This reduces time pressure later and ensures your financial separation is properly finalised.
Sorting Parenting and Property After Separation
You Don’t Need to Wait for a Divorce
A common misconception is that you must wait until your divorce is final before you can divide property or formalise parenting arrangements.
This is not true.
Under Australian family law, parenting and property matters can be resolved any time after separation — and in most cases, earlier is better.
Why Start Early?
1. Better protection for your finances
Assets, debts and superannuation can change quickly after separation. Early legal advice helps protect your financial position and guides you on what you should (and should not) do.
2. Creates stability for the children
Children cope better when clear arrangements are made promptly. Parenting plans or Parenting Consent Orders give structure and reduce conflict.
3. Avoids the strict divorce deadline
If property settlement is still unresolved after divorce, you must file an application within 12 months of your divorce becoming final.
Missing the deadline means you need special permission from the Court — which is not always granted.
4. Keeps costs down
The sooner negotiations start, the easier it is to reach agreement. Delays often increase conflict, stress and legal costs.
Parenting and Property Are Separate Processes
Although both arise from separation, the law treats them differently.
Parenting Matters
- Parenting Plan
- Parenting Consent Orders (legally binding)
- Family Dispute Resolution / Mediation
- Court application if no agreement
Property Matters
- Negotiated agreement
- Property Consent Orders
- Binding Financial Agreement
- Court application if agreement can’t be reached
You may need different applications depending on what you decide.
Costs, filing fee and reduced fee options
There is a filing fee payable when you apply for a divorce. You may be eligible for a reduced fee if you hold certain concessions or can show financial hardship. Community legal centres and legal aid Queensland can discuss options if cost is a barrier.
Typical costs table
| Item | What it covers | Notes |
|---|---|---|
| Court filing fee | Registry charge | Concessions may reduce the fee |
| Process server | Serving documents | Only needed for sole applications |
| Legal advice | Reviewing documents | Fixed-fee options may be available |
If you experience financial hardship, talk to us about evidence the registry accepts so your application is not delayed.
When this may not be the right fit
Online lodging is efficient, but some matters need tailored support. Complex service, no marriage certificate, or safety concerns can complicate a straightforward divorce. If English is not your first language or you need to provide extra evidence about living under one roof, professional guidance can save time and stress. Where violence is a factor, we prioritise safety planning and private communication.
How to judge if you need this now or later
File when you have been separated for the least 12 months and your documents are ready. If you expect to get back together, pause until the separation is clear for 12 months before applying. If property negotiations are advanced, you can still progress the divorce, noting property timelines must apply within the statutory period after finalisation.
Where this connects to next steps in related family law topics
Divorce is one step in family law. Next, consider parenting orders, child support, and property settlement. Our team can help align these processes so your broader plan stays on track and deadlines are met. If unsure where to start, request a short consult and we will outline a pathway that fits your situation.
Frequently Asked Questions
Important notes and pathways
- Divorce application types: A joint application may suit cooperative separations; a sole application can proceed if the other party does not engage. If you filed a sole application, you will need to serve documents correctly.
- Affidavits: You may need to file an affidavit explaining one roof separation or difficulties serving. Our lawyers assist with preparing and filing an affidavit tailored to your facts.
- Timeframes: The month and one day period applies after the court approves your divorce. Mark the date your divorce order in your diary.
- Reconciliation: If there is a likelihood of getting back together, wait until any trial reconciliation ends. If you reconcile and separate again, 12 months before applying must be re-calculated.
- Special circumstances: If you cannot locate your spouse, may need to file for substituted service. If names differ from your marriage certificate, we explain how to correct the record.
Why choose Queensland Family Law Practice
We focus on clear steps, practical checklists, and steady support. We help you obtain a divorce with minimal delay, prepare a compliant divorce application, and coordinate parenting or property issues. If you need legal advice, start with a quick call for free legal advice and information about the process, or request a fixed-price review before you apply for divorce.
Compliance and additional guidance
- You can apply to the court even if you married overseas, provided you meet residence rules and provide a copy of the application and identification.
- If you are living in Australia but overseas temporarily, you can still proceed if eligible.
- If the court is satisfied the papers are in order, the registrar will grant a divorce, and the order will appear on the portal the and the order will appear on the portal one month and one day from the date the order was granted.
- If questions arise, attend the divorce hearing to explain any issues.
- The family law act and the family law act 1975 govern divorce in Australia.
- The Queensland government and the family law national enquiry lines maintain public information; we can point you to accurate resources.
- You might need to apply for a reduced fee where eligible.
- If you need to file an application urgently, speak to us about support of your application and whether you may need to file extra documents at the time of filing the application.
Divorce without unnecessary stress is achievable with the right plan. Whether you want to get a divorce in qld now or need legal help first, we can assist end-to-end. Contact Queensland Family Law Practice to start your step-by-step guide and keep momentum until the divorce is granted.
Reviewed by: Tracey McMillan, Principal at Queensland Family Law Practice.
Disclaimer: This article is for general information only and not legal advice.