Divorce & Separation

The Divorce Process in Queensland

The divorce process in Queensland begins with establishing that you and your spouse have been separated for at least 12 months. There is no requirement to register separation with any government agency — the separation date is simply the date you and your spouse began living separately or, in the case of separation under the same roof, the date on which the marital relationship ceased. Once the 12-month period has elapsed, you may file an application for divorce with the Federal Circuit and Family Court of Australia. The filing can be done online through the Commonwealth Courts Portal, and the current filing fee is several hundred dollars, though fee reductions or waivers may be available if you hold a concession card or can demonstrate financial hardship. If you are the sole applicant, you must arrange for the divorce application to be served on your spouse personally unless they consent to the divorce and file a Response to Divorce indicating they do not intend to contest it. The court will list your application for a hearing if there are children under 18, or it may be determined without a hearing (by affidavit) if there are no children. In Queensland, the court registry in Brisbane, Southport, Maroochydore, Townsville, Cairns, and Rockhampton can all handle divorce filings.

No-Fault Divorce and Separation Periods

Australia's no-fault divorce system means the court does not consider who was responsible for the breakdown of the marriage. The only requirement is that the marriage has irretrievably broken down, which is proved by 12 months of separation. This applies regardless of whether the separation was caused by infidelity, financial disagreements, domestic violence, or simply growing apart. The no-fault principle also means that a spouse cannot oppose a divorce on the basis that the other spouse caused the breakdown. However, the court may refuse to grant a divorce if it is satisfied that the parties have reconciled and resumed married life for a period of three months or more. A single reconciliation period of up to three months does not count towards the 12-month separation period but does not restart it either. If you separate, reconcile for up to three months, and then separate again, you can count the earlier separation period towards the 12-month requirement. This provision encourages reconciliation attempts without penalising couples who try to work things out before deciding that divorce is the only option.

Filing for Divorce and the Court Process

Filing for divorce in Queensland is done through the Federal Circuit and Family Court of Australia. The application can be made jointly by both spouses or solely by one spouse. A joint application is simpler — both parties sign the application and file it together, eliminating the need for personal service. A sole application requires you to serve the documents on your spouse, which can be done by hand delivery, registered post, or through a process server. Once filed, the court will review the application and, if there are children under 18, list the matter for a court hearing. The hearing is typically brief and procedural — the judge will check that proper arrangements are in place for the children and that the 12-month separation requirement is met. You do not need to attend the hearing if you are the applicant and there are no children under 18. After the court grants the divorce, it becomes final one month and one day later, at which point either party can remarry. It is crucial to understand that divorce does not automatically resolve financial matters or parenting arrangements — these must be addressed separately through property settlement proceedings, consent orders, or parenting plans.

Divorce & Separation FAQs (Queensland Law)