Free Guide
Step-by-step timeline showing how long each stage of divorce takes in Queensland from separation to final orders.
How to Use This Checklist
Minimum time from separation to divorce finalisation: 16-18 months
This assumes straightforward circumstances with no disputes. Complex matters or contested proceedings may take significantly longer.
How to Use This Checklist
Minimum time from separation to divorce finalisation: 16-18 months
This assumes straightforward circumstances with no disputes. Complex matters or contested proceedings may take significantly longer.
1
Separation
Day 1 — The Clock Starts
Separation occurs when you or your spouse decides the marriage is over and you begin living “separately and apart”. This can happen under the same roof if you have separate bedrooms, finances, and social lives.
✓ What to Do:
- Document the separation date (important for later)
- Consider getting legal advice immediately
- Start gathering financial documents
- Open your own bank account if needed
2
12-Month Separation Period
Months 1-12 — Mandatory Waiting Period
Separation occurs when you or your spouse decides the marriage is over and you begin living “separately and apart”. This can happen under the same roof if you have separate bedrooms, finances, and social lives.
⚠️ Important:
- Reconciliation for 3+ months re-starts the 12-month clock
- Brief reconciliation attempts under 3 months don’t restart it
- You can settle property and parenting during this period
- Seeking legal advice early saves time and money
3
Divorce Application
Month 12+ — File Your Application
Separation occurs when you or your spouse decides the marriage is over and you begin living “separately and apart”. This can happen under the same roof if you have separate bedrooms, finances, and social lives.
Required Documents:
- Marriage certificate (original or certified copy)
- Proof of separation (if separated under one roof)
- Children’s birth certificates (if under 18)
Filing Fee:
Approximately $990 (or $330 with Commonwealth Health Card)
4
Service & Acknowledgment
Weeks 1-4 After Filing
If you filed a sole application, you must serve the divorce papers on your spouse. Joint applications don’t require service.
Service Options:
- Personal service by someone over 18 (not you)
- Registered post with acknowledgment
- Service by lawyer or process server
- Your spouse must acknowledge receipt (file Acknowledgment of Service form)
5
Court Hearing (If Required)
Weeks 1-4 After Filing
You may need to attend a brief court hearing if you have children under 18. If no children, or you filed jointly, a hearing usually isn’t required. Hearings are typically conducted by video link.
At the Hearing:
- Judge confirms 12 months separation has occurred
- Judge satisfied proper arrangements made for children (if applicable)
- Usually takes 5-10 minutes (very brief)
- If satisfied, judge grants divorce order
6
Service & Acknowledgment
Month 14-15 — One Month After Hearing
Your divorce becomes final one month and one day after the Court grants your divorce order. This allows time for appeals (rarely happen in straightforward divorces).
What Happens Next:
- You receive Divorce Order certificate
- You’re legally divorced and can remarry
- Property settlement deadline now active (12 months from this date)
- Parenting arrangements continue as per your agreement/orders
Concurrent Matters (Alongside Divorce)
Property Settlement Timeline
Can start: Immediately upon separation (don’t wait for divorce)
Negotiation time: 3-12 months (depends on complexity and cooperation)
Consent orders: 4-8 weeks for court approval after agreement reached
Deadline: Must apply within 12 months after the divorce is finalised
Parenting Arrangements Timeline
Can start: Immediately upon separation (separate from divorce process)
Informal parenting plan: Can be created anytime by agreement
Mediation: Mandatory before Family Court application (unless urgent safety issues)
Consent orders: 6-12 weeks for court approval if you reach agreement
What Can Delay Your Divorce?
Proving Separation Under One Roof
May need affidavits from friends/family, delays 4-8 weeks
Service Issues
If spouse avoiding service, substituted service application adds 6-12 weeks
Overseas Marriage Certificate
Need certified translation, adds 2-6 weeks
Incomplete Application
Court returns it for correction, adds 4-8 weeks
Opposition to Divorce
Spouse contests divorce, hearing required, adds 3-6 months (rare)
What Can Delay Your Divorce?
Day 1: Separation occurs
Months 1-12: Mandatory 12-month separation period
Month 12+: Eligible to apply for divorce
Weeks 1-4: Service and acknowledgment (if sole application)
Weeks 4-8: Court hearing scheduled (if required)
Month 14-15: Divorce becomes final (1 month + 1 day after grant)
Total: Minimum 16-18 months from separation to final divorce
Speak With A Family Lawyer Sunshine Coast
If you are looking for compassionate and practical family law guidance on the Sunshine Coast, Clear Path Family Law is here to help.
We understand that taking the first step can feel difficult, which is why we focus on creating a supportive and welcoming environment for every client.