Divorce Papers QLD: Which Documents You May Need to File

To file for divorce in Queensland, you use the Federal Circuit and Family Court of Australia's (FCFCOA) federal process. The usual core papers are the online Application for Divorce, a marriage certificate, the Affidavit for eFiling Application (Divorce), and—depending on your answers—evidence of eligibility to apply in Australia. If you lived under one roof during the relevant separation period, you may need additional affidavits. If you're filing a sole application, you must also serve documents after filing. The exact list depends on your circumstances; there is no separate Queensland divorce application.

The Court provides its official application and service forms. The practical task is working out which documents apply to your situation and when to file or serve them.

Here's each document, what it needs to contain, and where to get it.

The Application for Divorce

This is the main court application. The usual route is to complete it online through the Commonwealth Courts Portal at comcourts.gov.au. If you cannot eFile, contact the Court for the appropriate filing method and instructions. The portal walks you through questions about:

• Whether the application is sole or joint
• Details of the marriage and separation, including whether you lived under one roof
• Your eligibility to apply in Australia
• Service and attendance choices, where relevant
• Details of any children of the marriage under 18

You don't draft this document from scratch. The portal generates it from your answers. Once you've completed all parts, you review a print preview, lock the application, and move on to the affidavit step. You cannot edit the application after locking it.

For a joint application, one spouse can complete the online application and give a copy to the other to review. Both applicants must sign the final application and the affidavit.

Marriage Certificate

You need a marriage certificate. If you were married in Queensland, you can obtain a certificate from the Queensland Registry of Births, Deaths and Marriages. If you were married in another Australian state or territory, obtain one from that registry. The Court also accepts a ceremonial certificate; it does not need to be an original or certified copy.

For overseas marriages, obtain a certificate from the relevant authority in that country. If it is not in English, arrange an English translation and file an Affidavit Translation of Marriage Certificate with the original and translation attached:

• The translation
• The Affidavit Translation of Marriage Certificate, completed by the translator and sworn or affirmed before a Justice of the Peace or lawyer

The portal accepts document uploads as PDFs. Make sure every scan is clear and legible, and follow the portal's current file requirements.

Affidavit for eFiling Application (Divorce)

This is the document that catches people out. After you lock your application in the portal, you print it, take the affidavit section to an authorised witness, sign it in front of them, scan the signed affidavit, and upload it back into the portal.

An authorised witness is a Justice of the Peace (JP) or lawyer. The witness must watch you sign, then complete their own details. If you use a JP, include the JP number.

Common mistakes that can delay filing:

• Signing before you see the witness (the witness must observe the act of signing)
• Using a witness who isn't authorised under the relevant legislation
• Uploading a blurry or cropped scan that cuts off the witness details
• For joint applications, having only one spouse sign (both must sign, each in front of a witness)

The affidavit supports the information in your application. The Court may ask you to rectify an error or re-file it if the signing or witnessing requirements have not been met.

Proof of Australian Connection

At least one spouse must meet the Court's eligibility requirements. The evidence requested depends on the basis for applying:

• Australian citizen by grant — provide a copy of your Australian citizenship certificate
• Lawfully present and living in Australia — the Court may ask for your passport showing arrival at least 12 months ago and a current visa
• Other proof of jurisdiction — depending on your circumstances, the Court may ask for an Australian passport, a VEVO status check, or other evidence

If you were born in Australia or are an Australian citizen by descent, follow the portal's instructions about any further evidence. If you became a citizen by grant, the citizenship certificate is specifically required.

Separation Under One Roof Affidavit

This may be required if you and your spouse continued living in the same home during part or all of the 12-month separation period. Separation under one roof can be recognised, but you need to provide extra information showing how the relationship changed despite the shared address.

The affidavit should address:

• When you stopped sharing a bedroom
• How household duties and finances were divided
• Whether family and friends were told about the separation
• Why you continued living together and, where relevant, the arrangements for children under 18 or notifications to government departments
• Any other changes that demonstrate the relationship ended

For a sole application, you must file your own affidavit and should also file an independent person's affidavit — for example, from a friend, relative, or neighbour who knows about the separation.

For a joint application, both spouses must file separate affidavits about the living arrangements. If only one spouse can file an affidavit, an independent person's affidavit should also be filed.

Concession Card (If Claiming the Reduced Fee)

As of 1 July 2026, the standard filing fee is A$1,170. A reduced fee of A$390 may apply if you qualify. If you are relying on a concession card, upload clear scans of both sides of your:

• Health Care Card
• Pensioner Concession Card, or
• Commonwealth Seniors Health Card

For joint applications, both spouses must independently qualify for the reduction. If only one qualifies, the full fee applies.

A financial hardship reduction and other eligibility categories may also be available through the Court — check the FCFCOA website for the current criteria and evidence requirements.

Service Documents (Sole Applications Only)

Joint applications don't require service — both spouses are already participating. But if you filed a sole application, you must serve your spouse with the required documents at least 28 days before the hearing date (42 days if they're overseas).

You cannot serve the documents yourself. Common methods include:

• An adult third party (friend, family member, or professional process server) delivering them in person, or
• Post, if your spouse cooperates and returns a signed Acknowledgement of Service, or
• Their lawyer, if the lawyer has confirmed in writing that they will accept service

The service pack normally includes:

• A sealed copy of the Application for Divorce with the Notice of Application for Divorce attached
• A sealed copy of the Affidavit for eFiling
• The Marriage, Families and Separation brochure
• An Acknowledgment of Service (Divorce)
• Any other documents filed with the application that must be served; the Court excludes filed passport, citizenship, and marriage certificates, and fee-reduction forms or concession cards

After service, you upload proof-of-service documents to the portal. Depending on the method, these may include an Affidavit of Service by Hand or by Post, the signed Acknowledgment of Service, and—if needed—an Affidavit Proving Signature.

If you can't locate your spouse, you can apply to the Court for substituted service (using an alternative method such as email, social media, or a relative) or dispensation of service (asking the Court to waive the requirement). You generally need to file an Application in a Proceeding and an affidavit with evidence of your attempts to locate them.

Documents You Do NOT Need

A few items people commonly think they need for the divorce application but may not:

• Counselling or reconciliation certificate for a marriage under two years — since 10 June 2025, the Family Law Amendment Act 2024 no longer requires this certificate or an affidavit explaining why counselling was not attended
• Property settlement agreement — divorce proceedings do not finalise finances or property; those are separate proceedings, and the divorce application itself does not require a completed property settlement
• Parenting plan or court order — the application asks about arrangements for children under 18, but parenting issues are handled separately from the divorce application

Keeping Your Papers in Order

The period from filing to the final divorce order can take a number of months, and timing varies. During that time, you'll need to track service deadlines (sole applications), hearing dates, and the one-month-and-one-day waiting period after the order is granted before the divorce becomes final.

The Queensland Divorce Filing Process Guide maps the full document sequence with checklists and deadline calculations, so nothing falls through the cracks between the portal steps.

This is general information, not legal advice. Check the FCFCOA's current instructions before filing, because court requirements and fees can change.

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