Taking the first steps toward divorce can feel overwhelming, and for many, the paperwork itself brings a lot of uncertainty.
In Queensland, married couples must have been separated for at least 12 months before filing for divorce. But once you’ve made the decision, it helps to know what documents you need for divorce to avoid unnecessary court delays, reduce costs and move forward with confidence.
Below, our senior divorce lawyers explain which records are required, why they matter, and how our team can ensure the process is handled with empathy and absolute professionalism every step of the way.
What Documents Do I Need for Divorce?
Before you file a divorce application with the Federal Circuit and Family Court of Australia, the following documents are typically essential:
1. Marriage Certificate
Your official marriage certificate is required to prove the marriage exists in the eyes of the law. If you were married in Australia, this is available from the Registry of Births, Deaths and Marriages. Those married overseas must provide an equivalent document. Only original or certified copies are accepted.
If your marriage certificate is in a language other than English, you must submit a certified English translation alongside an affidavit from the translator verifying accuracy.
2. Proof of Jurisdiction or Residency
Australian courts must confirm they have jurisdiction. You will need to provide documents showing that you or your spouse:
- Regard Australia as home and intend to live here indefinitely, or
- Are an Australian citizen by birth, descent or grant of citizenship, or
- Ordinarily reside in Australia and have done so for at least one year prior to filing.
Clear supporting evidence could include a passport, a citizenship certificate, an Australian visa, or utility bills confirming residence.
3. Counselling Certificate for Short Marriages
If you have been married less than two years, you’re generally required to attend counselling and obtain a certificate from a registered family counsellor. The court requires this certificate to show you’ve discussed reconciliation.
4. Change of Name Documentation
If your current surname is different from what appears on your marriage certificate, you will need to provide a change of name certificate or official identification matching your present name.
5. Parenting and Property Orders or Agreements
While divorce itself does not settle parenting or property arrangements, if there are court-mandated orders, these may need to be referenced in your application. Having these documents on hand is highly recommended.
6. Evidence of Arrangements for Any Children
If you have children under 18, you will need to demonstrate that appropriate arrangements have been made for their care. Supporting documents can include parenting plans, orders or school enrolment forms.
How Do I Prove Service of Divorce Documents to My Spouse?
After you file a sole Application for Divorce, the court requires proof that your spouse has received (been “served”) the paperwork, the necessary documents include:
- Affidavit of Service by Hand or Post (completed by the person serving the documents)
- Acknowledgement of Service (signed by your spouse)
If your spouse is overseas:
- If the country your spouse lives in is a party to the Hague Convention service may be possible by filing an application to serve under the Hague Convention
- If the country your spouse lives in is not a party to the Hague Convention you should obtain legal advice about filing an Application to dispense with service or substituted service
If you do not have an address for them:
- Application in a Proceeding and supporting Affidavit detailing your efforts to attempt service if your spouse cannot be located (if you need to apply for an order for substituted service or seek to dispense with service) including copies of any correspondence, emails, or social media messages showing contact attempts
Expert guidance from a lawyer in Cairns or Townsville is recommended in such cases to ensure compliance with international service conventions.
What Paperwork Is Needed to Oppose a Divorce Application?
If you have received a divorce application but wish to challenge it, you’ll need to provide:
- Response to Divorce (official court form)
- Supporting affidavits or evidence (e.g., disputing the 12-month separation period or jurisdiction)
These documents need to be filed promptly, or you may lose your right to oppose.
Supporting You Every Step Through the Divorce Process
With over 30 years of dedicated service to North Queenslanders, Preston Law is proud to offer empathetic and effective legal advice during life’s most significant transitions. We know the unique challenges locals face, which is why our family law process is transparent, cost-effective and deeply personalised to your needs.
If you’re unsure about what documents you need for divorce, our experienced divorce lawyers in Cairns and divorce lawyers in Townsville are just a call or message away. We keep your costs transparent because our focus is on giving North Queenslanders peace of mind when it matters most.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.