How to get a divorce in QLD
1. Meet the legal requirements
To apply for a divorce in Australia, you must show that your marriage has broken down irretrievably. This is demonstrated by being separated for at least 12 months
Separation can occur even if you are still living under the same roof, provided certain conditions are met. It is recommended to seek legal advice to determine the exact date of separation if you’re uncertain.
2. Prepare your application
You can apply for a divorce either:
- Jointly, where both parties agree and sign the application, or
- Solely, where one party applies and must serve documents on the other party
In either circumstance, you’ll need the following documents ready to file your application:
- Marriage Certificate, and if it is not in English, a translation by a certified translator
- Proof of jurisdiction – eg: Australian citizenship certificate, Australian passport, a Visa Entitlement Verification Online (VEVO) status check or copies of bank statements.
3. File your application
A divorce application in Queensland is filed online through the Federal Circuit and Family Court of Australia (FCFCOA) via the Commonwealth Courts Portal.
For your application to be successfully filed, you must register for the Commonwealth Courts Portal to eFile and access copies of Court orders, pay the Filing Fee, and the Application for Divorce and Affidavit of eFiling needs to be sworn before an authorised witness.
For sole applicants, you are then ready to serve your divorce application by hand or post to the other party. DIY kits are available, or a legal professional can assist you in completing all legal forms and serving your divorce application correctly.
4. Attend a hearing (if required)
In many cases, attendance is not required for a divorce hearing, particularly for joint applications without children.
However, a court appearance may be necessary if:
- You indicated you wish to attend in your application
- The Respondent has requested to attend the hearing where there are children under 18
- The Respondent files a Response to divorce opposing the application, or
- You are applying for an order for substituted service or a dispensation of service because you cannot find your spouse to serve the court documents.
Divorce hearings are heard electronically, with details available on the Commonwealth Courts Portal following filing.
5. Divorce becomes final
If the Court grants your divorce, it becomes final one month and one day after the order is made. The divorce order can then be downloaded from the Commonwealth Courts Portal.
At this point, your marriage is legally ended.
For more information, check out our article on How to get a divorce in QLD.