Divorce Eligibility in Queensland: Are You Qualified to Apply?

To apply for a divorce in Queensland, you must be legally married but separated for at least 12 months, and meet Australian residency or citizenship requirements. Additional conditions apply if you have children or were married for less than two years. 

Ending a marriage is rarely an easy decision. For many couples in Queensland, navigating the legal steps to finalise a divorce can seem overwhelming.

Whether the separation was mutual or one-sided, understanding your rights and responsibilities under the law is essential. If you’re considering taking the next step, it’s important to first assess your divorce eligibility in Queensland. 

This guide provides a clear overview of who can file for divorce, the requirements for divorce, and what to expect during the process. 

Understanding No-Fault Divorce in Australia 

Australia operates under a "no-fault" divorce system. This means that the Court does not consider the reasons for the marriage breakdown. Instead, the only legal requirement is that the marriage has broken down irretrievably and that there is no reasonable likelihood of reconciliation.

This foundational principle simplifies the divorce process to some degree. However, there are specific conditions you must meet before the Court will grant a divorce order. 

Who Can File for Divorce in Queensland? 

To be eligible to apply for divorce in Queensland, you must satisfy certain residency and marital status conditions.

These include:

1. Marital Status: You must be legally married. The marriage must be recognised under Australian law. This includes marriages conducted overseas, provided they are legally valid in the country where the ceremony took place and do not contravene Australian law. 

2. Residency Requirements: You or your spouse must: 

3. Regard Australia as your home and intend to live in Australia indefinitely, or 

4. Be an Australian citizen by birth, descent or grant of citizenship, or 

5. Ordinarily live in Australia and have done so for at least 12 months before filing for divorce. 

These conditions ensure that only those with a strong connection to Australia can access the country’s divorce system. 

Key Requirements for Divorce in Queensland 

In addition to residency and citizenship conditions, applicants must meet the following criteria: 

1. Separation Period 

You must have been separated from your spouse for at least 12 months before filing for divorce. This is a strict requirement and is meant to demonstrate that the relationship has ended permanently. 

However, it is possible to be considered "separated" even if you and your spouse continue to live in the same home. In that case, you will need to provide additional evidence, such as changes in sleeping arrangements, financial independence, and lack of a shared social life. 

2. Marriage Certificate 

You must provide a copy of your marriage certificate when you apply for divorce. If the certificate is in a language other than English, it must be accompanied by a certified English translation. 

3. Arrangements for Children 

If you have children under the age of 18, the Court will only grant a divorce if it is satisfied that proper arrangements have been made for their care, welfare, and development. This includes: 

• Where the children will live 

• How much time they will spend with each parent 

• Education, healthcare, and general wellbeing 

While the divorce process does not itself decide parenting arrangements, the Court requires assurance that these issues are being appropriately managed. 

4. Time Since Marriage 

If you have been married for less than two years, you must attend counselling with your spouse and obtain a certificate from a registered family counsellor before filing for divorce. This requirement aims to encourage reconciliation or at least ensure that the decision to divorce has been thoughtfully considered. 

Joint vs Sole Application 

There are two ways to file for divorce in Queensland: 

• Sole Application: One party applies for divorce and serves the application on the other spouse. The serving party must prove that the documents were delivered correctly. 

• Joint Application: Both spouses apply together, eliminating the need for formal service. This is usually the simpler and more amicable option. 

Regardless of the method, both applications follow the same eligibility rules and legal procedures. 

What Happens After Filing? 

Once you file your application through the Federal Circuit and Family Court of Australia, you will receive a hearing date. If the Court is satisfied that all legal requirements have been met, it will grant a divorce order.

The divorce order becomes final one month and one day after the hearing, unless an appeal is lodged. Once the divorce becomes final, you can remarry legally. 

Note that divorce only legally ends the marriage. It does not finalise property settlement or parenting arrangements. These matters are addressed separately, and with legal guidance to ensure binding arrangements are achieved. 

Why Legal Advice Matters 

While the divorce process might seem straightforward on paper, each relationship and family dynamic is unique. Consulting with a qualified solicitor ensures: 

• Accurate completion of your application 

• Proper handling of document service 

• Awareness of your rights regarding property, assets, and children 

Moreover, a lawyer can help you prepare for potential complications or objections that might arise during the divorce process. 

Summary: Are You Eligible to Apply for Divorce in Queensland? 

To recap, you may be eligible for divorce in Queensland if:

• You were legally married and can provide your marriage certificate; 

• You or your spouse meet Australian residency or citizenship requirements; 

• You have been separated for at least 12 months; 

• Appropriate arrangements are in place for any children under 18; and 

• You have completed counselling if married less than two years. 

If these conditions apply to you, you are likely eligible to file for divorce under Queensland law. For those seeking clarity on divorce eligibility in Queensland, it's crucial to understand your legal obligations and rights. Knowing who can file for divorce and meeting all requirements for divorce will help ensure a smooth and timely process. 

Ready to Take the Next Step? 

If you're considering divorce and want trusted legal support, contact Drakos & Company Solicitors today. Our experienced family law team will guide you through every stage with professionalism, discretion, and compassion. 

Book your consultation now and take the first step toward a new beginning.