Queensland Divorce Application: The Complete Filing Process

Filing for divorce in Queensland costs $1,170 in court fees, and a single mistake on your application — an unwitnessed affidavit, a missing marriage certificate, a separation date that's one day short — sends that money into administrative limbo while the court rejects your filing and tells you to start over.

The process itself is straightforward once you understand the sequence. Queensland divorces are governed by the federal Family Law Act 1975, which means the legal test is identical whether you're filing from Brisbane, Townsville, or Cairns. Every application goes through the Commonwealth Courts Portal online. There's no state-level divorce court.

Who Can File for Divorce in Queensland

You need to satisfy two separate tests: the separation requirement and the residency requirement.

Separation: You and your spouse must have lived separately and apart for a continuous period of at least 12 months and one day. At least one of you must have formed the intention to end the marriage and communicated that to the other. You can be separated while living under the same roof — the court allows this if you can demonstrate separate lives (separate bedrooms, separate finances, no longer presenting as a couple socially).

Residency: On the date you file, either you or your spouse must be an Australian citizen, regard Australia as your permanent home (domicile), or have lived continuously in Australia for the past 12 months. If you were born overseas and hold Australian citizenship, you'll need to upload your citizenship certificate.

Joint vs Sole Application

A joint application is filed by both spouses together. Neither spouse needs to be "served" with papers, and neither needs to attend a court hearing — the registrar reviews everything in chambers. This is faster, cheaper in practical terms, and less stressful.

A sole application is filed by one spouse. The other spouse (the respondent) must be formally served with the court documents at least 28 days before the hearing (42 days if they're overseas). The applicant may need to attend the hearing electronically via phone or Webex.

If your spouse is cooperative, file jointly. You'll skip the entire service process and avoid potential complications.

The Eight-Step Filing Sequence

1. Gather your marriage certificate. You need the original or an official copy from the Registry of Births, Deaths and Marriages. If it's in a language other than English, get a NAATI-certified translation.

2. Register on the Commonwealth Courts Portal. Create an account, accept the terms, and start a new application under the family law jurisdiction.

3. Complete the online form. Enter personal details for both spouses, your marriage and separation dates, residency information, and details about any children under 18 (Part F of the application).

4. Print, sign, and witness the affidavit. The portal generates an Affidavit for eFiling that must be signed in front of a Justice of the Peace or solicitor. In a joint application, both spouses sign.

5. Scan and upload the signed affidavit. Upload the witnessed document back to the portal as a clear PDF.

6. Pay the filing fee. The standard fee is $1,170. If you hold a concession card or meet the financial hardship criteria, you may qualify for the reduced fee of $390.

7. Execute service (sole applications only). You cannot serve the papers yourself. An independent person over 18 — a friend, family member, or professional process server — must hand the documents to your spouse. File the Affidavit of Service and Acknowledgment of Service on the portal afterward.

8. Attend the hearing and download your order. The registrar reviews the application. If everything is in order, they grant the divorce. One month and one day later, the divorce becomes final and you can download the Divorce Certificate from the portal.

Fees and Fee Reduction

The standard filing fee is $1,170 (updated July 2026). You may qualify for the reduced fee of $390 if you hold a Health Care Card, Pensioner Concession Card, or Commonwealth Seniors Health Card. Recipients of Youth Allowance, Austudy, or ABSTUDY also qualify.

In a joint application, both spouses must independently qualify for the concession — if only one of you holds a concession card, the full $1,170 applies.

If you don't hold a card but are experiencing financial hardship, the court applies a three-part test covering your fortnightly income, liquid assets, and disposable income.

Timeline: How Long It Takes

The total process typically spans 14 to 18 months from the decision to separate:

• 12 months + 1 day: Mandatory separation period before you can file
• 6 to 12 weeks: Processing time between filing and the court hearing
• 1 month + 1 day: Statutory waiting period after the hearing before the divorce is final

After the divorce is finalised, you have exactly 12 months to file any property settlement or spousal maintenance claims in court. Miss this deadline and you'll need the court's permission to proceed — which is not guaranteed.

Common Mistakes That Delay Your Application

Signing the affidavit before completing the portal form. The portal generates the affidavit after you finish the online section. If you sign a version that doesn't match what's on file, the court will reject it.

Not filing proof of service (sole applications). If you don't upload the Affidavit of Service before the hearing date, the registrar will adjourn your case.

Incorrect separation date. If you list a separation period shorter than 12 months and one day, the application will be rejected outright.

The Queensland Divorce Filing Process Guide walks you through each portal screen, every document you need to prepare, and the exact sequence to follow — so your $1,170 filing fee isn't wasted on a preventable rejection.

See more Queensland guides →