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Queensland · Family Law

How to file for divorce in Queensland

In short

Filing for divorce in Queensland is done through the Federal Circuit and Family Court of Australia (FCFCOA), the same court used in every Australian state and territory. The process requires 12 months separation, a Form 1 application, supporting documents, and the filing fee. The divorce is typically granted 4-6 months after filing.

Who: Anyone in Queensland seeking to formally end a marriage. The Family Law Act applies federally, so the process is the same as in other states.
Where: Federal Circuit and Family Court of Australia. The process is the same for every Australian state — there is no separate Queensland court for divorce.
Time: 4-6 months from filing to divorce being granted, assuming no service issues and a straightforward application.
Fees: Standard FCFCOA divorce filing fee applies (as at April 2026). Fee reduction available for concession card holders.
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Legal basis

The framework

Divorce is governed by the Family Law Act 1975 (Cth) Part VI. The 12-month separation requirement is in section 48. Applications are made to the Federal Circuit and Family Court of Australia.

10 steps

The process

1

Confirm 12-month separation

You must have been separated for at least 12 months and one day before filing. Separation under one roof is allowed if the marital relationship has ended.

You
2

Choose sole or joint application

A joint application is simpler — both parties together. A sole application is by one party and requires service.

You
3

Complete Form 1

The Application for Divorce is filed online via the Commonwealth Courts Portal. Include marriage details, separation date, and children's arrangements.

You
4

Gather supporting documents

Certified copy of the marriage certificate (with English translation if not in English).

You
5

Pay the filing fee

The standard FCFCOA divorce fee applies. Fee reduction is available for concession card holders.

You
6

File via Commonwealth Courts Portal

Lodge the application online. You receive a sealed application and hearing date.

You
7

Serve the other party (sole applications only)

For sole applications, serve the sealed application on the other party at least 28 days before the hearing.

You
8

Attend the hearing if required

Attendance is required if there are children of the marriage under 18. Otherwise, attendance is optional.

You
9

Wait for the divorce order

The court grants the divorce at the hearing if requirements are met. The divorce takes effect 1 month and 1 day after the hearing date.

The court
10

Download the divorce certificate

After the divorce takes effect, download the certificate from the Commonwealth Courts Portal for any future legal or administrative use.

You
Forms required

Forms and templates

Avoid these mistakes

Common mistakes

  • Filing before the 12-month separation has fully elapsed
  • Missing the certified marriage certificate
  • Not addressing children's arrangements in the application
  • Not serving a sole application correctly within the required timeframe
Use with Quillio

Get this process right with Quillio

Quillio prepares the Form 1 application from your inputs, drafts any supporting affidavits, and checks current FCFCOA filing requirements. See /practice-areas/family-lawyers or start a free trial.

This guide is general information about the process — not legal advice. Always check the current FCFCOA requirements before filing and consider obtaining independent legal advice.

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Quillio drafts the forms, checks against current requirements, and surfaces the relevant authority — all in one place. The free trial requires no sales call.

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