Checklist of Required Documents for Divorce in Queensland

To file for divorce in Queensland, you’ll need essential documents such as your marriage certificate, proof of residency or citizenship, affidavits (if applicable), and parenting details if children are involved.  

Filing for divorce can be an emotionally and logistically overwhelming experience. Amidst the emotional impact, it’s crucial to stay on top of the legal requirements to ensure your application proceeds smoothly.

If you're planning to file for divorce in Queensland, gathering the correct documentation is one of the first and most important steps. 

This divorce documents checklist identifies the things you’ll need to prepare, so you can lodge your application without delays or rejections. Whether you're filing alone or jointly with your former spouse, knowing what’s required will give you peace of mind and help make the process more efficient. 

Who Can Apply for Divorce in Queensland? 

Before diving into the paperwork, you should confirm that you’re eligible to apply for divorce in Australia. Under the Family Law Act 1975, you must meet the following criteria: 

• You and your spouse must have been separated for at least 12 months. 

• There must be no reasonable likelihood of resuming the relationship. If getting divorced within 2 years of being married, then counselling is required to evidence the likelihood. 

• At least one of you must regard Australia as your home and intend to live here indefinitely, be an Australian citizen, or ordinarily live in Australia and have done so for the past 12 months. 

Once these conditions are met, you're ready to gather your Queensland divorce documents. 

Divorce Documents Checklist 

Here’s a detailed list of the required divorce paperwork when lodging your divorce application in Queensland: 

1. Marriage Certificate (Original or Certified Copy) 

This is a mandatory document. If you were married in Australia, you can obtain a copy from the state or territory’s registry of births, deaths, and marriages. 

If your marriage certificate is in a foreign language, you must provide a certified English translation along with an affidavit from the translator. 

2. Proof of Jurisdiction 

Evidence showing that at least one party is an Australian citizen, a permanent resident, or has lived in Australia for at least 12 months. Documents may include: 

• Australian passport or citizenship certificate 

• Visa documents 

• Utility bills, rental agreements, or employment letters showing residence 

3. Identification Documents 

To verify your identity when filing electronically or in person. Typically includes: 

• Driver’s licence 

• Medicare card 

• Passport 

4. Separation Evidence (if living under one roof) 

If you and your spouse continued to live together during the 12-month separation period, you’ll need additional documentation: 

• Affidavit by you 

• Affidavit by an independent third party (e.g., friend or family member) 

• Evidence may include changes in sleeping arrangements, finances, and communication 

5. Parenting Details (if children are involved) 

If there are children under 18, the court must be satisfied that proper arrangements are in place for their care. You'll need to provide: 

• Details of living arrangements 

• Schooling and extracurricular activities 

• Health care provisions 

• Time spent with each parent 

6. Joint Application Agreement (for joint applications) 

If you and your spouse are applying together, you must both sign the application. You may also need to submit joint affidavits in certain circumstances. 

7. Application for Divorce Form 

This is the formal document submitted to the Federal Circuit and Family Court of Australia. Be sure to double-check all fields and provide accurate information. 

8. Supporting Affidavits (if needed) 

These may be required if: 

• There are complications such as lack of marriage certificate 

• You're applying for a fee reduction or exemption 

• There are unusual circumstances such as prolonged absence of the other party 

9. Service Documents (for sole applications) 

If you're applying alone, you must serve the divorce papers on your spouse. Required documents include: 

• Proof of service (e.g., Acknowledgement of Service, Affidavit of Service) 

• Completed service forms 

10. Filing Fee and Proof of Concession (if applicable) 

The standard filing fee for a divorce application is currently $1060 (subject to change). You may be eligible for a reduced fee if you hold a concession card or can demonstrate financial hardship. If applying for hardship, required documents generally include: 

• Centrelink Health Care Card 

• Pensioner Concession Card 

• Affidavit of financial hardship 

Additional Tips for Preparing Your Divorce Application 

Even with all the correct documents, mistakes in your application can cause delays. Here are a few key tips to make sure your paperwork is in order: 

• Double-check spellings and dates – inconsistencies in names or timelines can result in rejections. 

• Ensure affidavits are properly witnessed – they must be signed in the presence of an authorised witness, such as a Justice of the Peace or solicitor. 

• Use certified translations – for any document not in English, including marriage certificates. 

• Keep digital and physical copies – save everything you submit for your own records. 

• Submit an original or certified copy of the marriage certificate. 

• If relevant, including a separation affidavit when living under the same roof. 

• Serve divorce documents and submit the proper service forms 

• Proving proper arrangements for children as failure to do so leads to adjourned hearings and delays. 

Many applicants run into problems because they miss small but crucial steps.  Taking the time to review your required divorce paperwork and consult a legal professional can help prevent issues and reduce delays. 

Filing Your Divorce Application 

Once you’ve gathered all necessary documents from the divorce documents checklist, you can lodge your application with the Court. If applying jointly, both parties will need to register for the portal and sign the application. If applying solely, make sure you complete the service requirements properly to notify your spouse. 

After lodging, you’ll receive a court hearing date. Attendance may be required, particularly if children under 18 are involved. Otherwise, the divorce order becomes final one month and one day after the hearing date, unless the court requests further information. 

Why Legal Advice Matters 

While it’s possible to apply for divorce without legal representation, speaking with an experienced family lawyer can save you stress, time, and even money. Lawyers can ensure all documents are in order, help prepare affidavits, and give guidance on issues such as property settlements or parenting arrangements that may need to be addressed separately from the divorce. 

If you’re unsure about any part of your application or have unique circumstances (such as an overseas marriage or an uncontactable spouse), professional legal help is strongly recommended. 

Need Help With Your Divorce Application? 

Divorce is never easy, but you don’t have to navigate the paperwork alone. The experienced family lawyers at Drakos & Company Solicitors are here to help you understand your rights, meet all legal requirements, and file your divorce correctly the first time. 

Contact Drakos & Company Solicitors Today 

Whether you’re just beginning the divorce process or ready to file, our team can provide tailored legal advice and support every step of the way. Let us help you move forward with confidence.