In the midst of a marital breakdown, one question often echoes louder than the rest: ‘How to get a divorce in Qld?’
Our family lawyers in QLD have written this roadmap, dissecting the complex legalities and procedures and offering clarity during these trying times.
How Does the Divorce Application in Qld Work?
The Family Law Act of 1975 governs the divorce application procedure in Queensland, which consists of several steps on how to get a divorce in Qld. Here’s a basic outline:
- Eligibility: To apply for a divorce in Australia, you or your spouse must be an Australian citizen, reside in Australia and consider it your permanent home, or have lived in Australia for at least one year before the divorce application. Additionally, you must prove that the marriage has broken down irretrievably and that you have been separated for at least 12 months.
- Preparation: You must prepare an Application for Divorce and other necessary legal documents. This can be done individually or jointly with your spouse. A joint application has the advantage of not requiring a court hearing.
- Filing: The divorce application must be filed online through the Commonwealth Courts Portal. You must pay the court filing fee unless you qualify for a reduction.
- Service of Documents: If you’ve filed a sole application, you must serve the divorce papers on your spouse, ensuring they know about the application. This must be done at least 28 days before the hearing if your spouse is in Australia or 42 days overseas.
- Court Hearing and Divorce Order: If all the steps have been correctly completed and the court is satisfied that proper arrangements have been made for children under 18, a divorce order will be granted at the hearing. The divorce order becomes final one month and one day after it’s made.
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What Are the Requirements for Filing for Divorce in Qld?
Here are the critical requirements for a divorce in Qld:
Valid Marriage: A valid marriage licence is a prerequisite. If your marriage took place in Queensland, you would have paid the marriage licence Qld cost, depending on whether a registry office or a celebrant officiated. It’s essential to have your marriage certificate, as this needs to be attached to your divorce application.
Irretrievable Breakdown: You must establish that your marriage has broken down and that there’s no reasonable likelihood of reconciliation. This is typically shown by a separation of at least 12 months and one day.
Jurisdiction: Either you or your spouse must regard Australia as your home and intend to live here indefinitely or be an Australian citizen (by birth, descent, or by a grant of Australian citizenship) or typically live in Australia and have done so for at least 12 months before filing for divorce.
Arrangements for Children: If you have children under 18, the court must be satisfied that suitable arrangements have been made for their care, welfare, and development.
What Are Needed Documents for the Divorce Papers in Qld?
Applying for a divorce in Queensland involves a set of necessary documents. The process is governed by federal law, so the requirements are the same throughout Australia. The required documents generally include the following how to get a divorce in Qld:
- Application for Divorce: This is the primary document you apply to the court for a Divorce Order. This can be done individually or jointly with your spouse.
- Marriage Certificate: A copy of your marriage certificate must accompany the Application for Divorce. If your marriage certificate is not in English, you will need to provide a translation from a certified translator, along with an affidavit from the translator.
- Affidavit of Service by Hand: If you have filed a sole application, you must serve your spouse a copy of the Application for Divorce. The Affidavit of Service by Hand confirms that your spouse was served correctly. The person who served the document must complete this form.
- Service documents (if applicable): If your spouse cannot or will not sign the Acknowledgment of Service form, you must provide other documents to prove they were served, like an Affidavit of Service or an Affidavit Proving Signature.
- Supporting documents for fee reduction (if applicable): If you are applying for a reduced fee, you must provide evidence of your financial hardship.
- Parenting Orders (if applicable): If you have children and there are existing court orders about their care, copies of these should be attached.
- Other documents (if applicable): Depending on the specific circumstances of your case, you may need to provide additional documents. For example, if you’ve been separated but live under the same roof, you must provide an Affidavit for eFiling Application (Divorce).
Can I Apply for a Divorce Online in Queensland?
Yes, you can apply for a divorce online in Queensland and other parts of Australia. The Australian government has established an online system for this process through the Commonwealth Courts Portal.
Here’s a general outline of the steps you would follow on how to get a divorce in Qld:
Create an Account: Register an account on the Commonwealth Courts Portal. If you already have an account, you can log in.
Complete the Application: The portal allows you to complete the Application for Divorce online. The application can be completed by yourself (a sole application) or with your spouse (a joint application). The application form includes details about you, your spouse, your marriage, and your children, if any.
Upload Supporting Documents: You must upload supporting documents, such as a copy of your marriage certificate. Additional documents will be required if circumstances like separation under the same roof or your marriage certificate need to be in English.
Pay the Fee: A filing fee is associated with the application, which can be paid online. Some people may be eligible for a reduced fee based on financial hardship.
File the Application: Once everything is completed, you can submit (or “file”) the application.
If you’re filing a sole application, once the application is filed, it must be served to your spouse following specific legal rules. If it’s a joint application, no service is required. If all paperwork is in order, the divorce will generally be granted one month and one day after the hearing.
How Much Does Divorce in Qld Cost?
The cost of a divorce in Queensland, as in the rest of Australia, is set by federal regulations.
The standard court fee for filing for divorce is set to increase, effective July 1, 2023, to $1060. If you’re facing financial hardship, you may be eligible for a reduced fee of $350 starting on the same date.
You must hold certain government concession cards or demonstrate financial hardship to qualify for a fee reduction.
These fees do not include any additional costs that might be incurred for legal advice, counselling services, financial advice, or other expenses related to the divorce process.
Remember that these fees are applicable only for the divorce application and do not cover property settlement or child custody arrangements, which are separate processes and may involve additional costs.
How Long Does a Divorce Take In Qld?
As with the rest of Australia, the time it takes to finalise a divorce in Queensland can depend on several factors. Here’s a general timeline on how to get a divorce in Qld:
Mandatory Separation Period: Before applying for a divorce, you and your spouse must have been separated for at least 12 months and one day.
Filing and Service of Documents: After you’ve filed your application, if it’s a sole application, you’ll need to serve the divorce papers on your spouse. They have to be served at least 28 days before the hearing if your spouse is in Australia or 42 days if they are overseas.
Divorce Order: If all documents are in order and the court is satisfied that appropriate arrangements have been made for children under 18, a divorce order will be granted at the hearing. The order becomes final one month and one day after it’s made. You’re officially divorced once the order is final.
So, considering these timelines, it may take several months to a year, from the time you file until it is final. That’s how to get a divorce in Qld. However, please note that this doesn’t include any time you may spend resolving issues such as property division or child custody, which are separate matters.
As always, the exact length of time can vary based on individual circumstances. It’s essential to consult with a legal professional to understand what to expect in your specific situation.
How To Get A Divorce In Qld?
Understanding how to get a divorce in Qld is the first crucial step towards making informed decisions.
Speak to our expert legal team – we are committed to guiding you through this challenging journey.
