How to Apply for Divorce in QLD: Step-by-Step Process

To apply for divorce in Queensland, you usually eFile an Application for Divorce through the Commonwealth Courts Portal at comcourts.gov.au. Unlike Western Australia, which has its own court, Queensland divorces go through the Federal Circuit and Family Court of Australia. If you can't eFile, contact the court for instructions. Here's the full process from eligibility check to your final divorce order.

Are You Eligible to Apply?

Before you start the application, confirm you meet three requirements:

12-month separation. You and your spouse must have been separated for at least 12 months and one day. The day of separation doesn't count — you file on or after the day following the one-year mark. If you resumed living together once but separated again within three months, the periods before and after may be combined, but the time back together doesn't count. A longer reconciliation generally restarts the separation period.

Separation under one roof. You can be separated while still living in the same house. If that's your situation, you'll need to file an additional affidavit explaining the circumstances — when you stopped sharing a bedroom, how household duties and finances were divided, and whether friends and family were told. You'll also need a supporting affidavit from someone who can confirm the separation arrangements.

Australian connection. At least one spouse must, at the date of filing, be an Australian citizen, regard Australia as their permanent home (domicile), or have ordinarily resided in Australia for the 12 continuous months before the application. Depending on which route applies, you may need evidence such as a citizenship certificate or a passport showing your arrival date and current visa.

An important change: since June 2025, couples married less than two years no longer need a pre-filing counselling certificate. The Family Law Amendment Act 2024 abolished that requirement.

Documents You'll Need

Gather these before you start the portal:

• Marriage certificate — scan the certificate issued by the registry or your ceremonial certificate. If it's not in English, you'll need a translation by a NAATI-certified practitioner and an Affidavit of Translation of Marriage Certificate.
• Proof of Australian citizenship or residency — citizenship certificate, passport, or visa documentation showing 12 months' continuous residence.
• Separation under one roof affidavits — only if you lived in the same house during the separation period. The applicant provides affidavit evidence and should also ask a third party who observed the arrangement to provide a supporting affidavit; for a joint application, both spouses should provide an affidavit.
• Concession card — if you're applying for the reduced filing fee on this basis, upload a copy of both sides of your current Commonwealth concession card (Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card).

Documents uploaded through the portal must be PDFs under 30MB each.

Filing Through the Commonwealth Courts Portal

The portal walks you through an online application. The main filing sequence is:

Register an account. Create an individual login with your email and a password. For a joint application, one spouse completes the application and gives the other spouse a copy to review and sign.

Start a new file. Choose Application for Divorce, select the appropriate court, and complete Parts A to F, saving each page. Part A asks whether the application is sole or joint; Part F asks about arrangements for any children of the marriage under 18.

Review and upload. Check the print preview carefully, upload the supporting documents required by your answers, then lock the application. You can't edit it after it is locked.

Sign the affidavit. Print the locked application and have the Affidavit for eFiling Application (Divorce) signed and witnessed. Both spouses must sign for a joint application.

Submit the application. Upload the signed affidavit, read the required Marriage, Families and Separation brochure, submit the application, pay the filing fee, and select a location and available court date.

The application also asks about your marriage, separation, Australian connection and any children under 18. The court must be satisfied that proper arrangements have been made for those children before the divorce takes effect.

The Affidavit: The Step That Trips People Up

After the portal generates your affidavit:

1. Print the locked application at Step 4 of the portal process
2. Take the affidavit signature section to an authorised witness — a Justice of the Peace or lawyer. Queensland's JP service can help you find a JP
3. Sign in front of the witness and have them complete their details; a JP should include their JP number
4. Scan the signed affidavit as a clear PDF under 30MB
5. Upload the signed affidavit at Step 5 — you don't need to upload the whole application again

The affidavit confirms that the information in the application is true. A common mistake is having it witnessed incorrectly; the court may reject it and require the page to be signed and witnessed again.

Filing Fee

The standard filing fee is A$1,170 (as of 2026–27). A reduced fee of A$390 may apply if you meet the court's eligibility or financial-hardship criteria. For a joint application, both spouses must qualify for the reduced fee or the full fee applies. Payment is by Visa or Mastercard through the portal.

For joint applications, one person makes the portal payment — the portal doesn't split it automatically.

After You File: Service and the Hearing

Joint applications: No service is required. The application can generally be determined without either spouse attending.

Sole applications: You must serve the required documents on your spouse at least 28 days before the hearing date (42 days if they're overseas). You can't serve the documents yourself. They can be served by hand by an adult friend, family member or process server, or by post if your spouse will cooperate and return the signed acknowledgement. If you can't locate your spouse, you can ask the court for substituted service or dispensation of service.

After service, upload the required proof-of-service documents to the portal.

Since June 2025, a sole applicant is not required to attend merely because there are children under 18. Attendance is required in specified situations, including if a party asks to attend, the respondent opposes the divorce, or you seek substituted service or dispensation of service. Divorce hearings are conducted by phone unless the court says otherwise.

When Is the Divorce Final?

The divorce order doesn't take effect immediately. It becomes final one month and one day after the court grants it, unless the court makes a special order. Until then, you're still legally married and can't remarry.

Once the order is final, download your Divorce Order from the Commonwealth Courts Portal. This replaces what used to be called the Certificate of Divorce.

One Thing the Divorce Doesn't Cover

A divorce order ends the marriage. It doesn't divide property or superannuation, or settle parenting arrangements. Those are separate matters. A general 12-month time limit applies after the divorce becomes final to start property or spousal-maintenance proceedings; late applications may require the court's permission. Don't assume the property split happens automatically — it doesn't.

Get the Full QLD Filing Roadmap

The print-sign-scan affidavit loop, service deadlines, and children's arrangements all create opportunities for delays or rejected filings. The Queensland Divorce Filing Process Guide provides a sequential roadmap with timeline calculations and document checklists to help you avoid common filing errors.

See more Queensland guides →