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Divorce and separation

You should always get legal help when you end a marriage, de facto or registered relationship, especially when you have children and joint property.

Divorce

The Federal Magistrates Court of Australia looks after all divorces.

De facto relationships

To officially end your de facto relationship, you need to inform your ex-partner.

You do not have to:

  • apply to the Federal Magistrates Court
  • fill in any forms
  • receive a separation certificate.

Children

If your marriage or relationship breaks up and you have children, then you will want to make sure you and your ex-partner have organised appropriate care for your children.

To learn more about parenting plans visit the Legal Aid Queensland website.

Information about child support is available on the Australian Family Law Courts website.

Money, property and possessions when your relationship ends

The court approaches dividing assets and debt the same way whether you are divorcing or separating from a relationship.

Read more about property and money after separation at the Australian Family Law Court website.

End a registered relationship

Your registered relationship ends if you or your partner dies, marries or applies to the Registrar to end the relationship.

You and your ex-partner can apply individually or together to end the relationship.

When you end a relationship we make a notation on the registered relationship record. You can bring your certificate into us and we will replace your certificate with a new one which will include the end of relationship note on the back.

How to apply

  1. Fill in all sections of the application to terminate a registered relationship (PDF, 748.9 KB).
  2. Complete the registered relationship termination statutory declaration (PDF, 84.6 KB) (only if one person is applying).
  3. Attach proof of identity documents.
  4. Pay the application fee.
  5. Pay the certificate fee (if requested).
  6. Pay the return postage fee (if required).

If only one person is applying

If only one of you is applying, you need to:

  • provide a copy of the application form to your ex-partner, by doing one of the following options:
    • personally giving them the form
    • placing it down in their view and explaining what the form is
    • organising another person to give them the form
    • sending the form by registered post, to their last known address
  • on the declaration, state
    • you have given the form to your ex-partner
    • how you did this
    • the registered post number (if you sent the form by registered post).

Get it right

Your application will take longer if your documents and payments are not correct.

Remember to:

  • calculate the return postage
  • total all fees in one payment
  • check your credit card details and expiry date
  • certify identity documents
  • allow extra time for Australia Post.

By post

Post your application to:

Births, Deaths and Marriages
PO Box 15188
CITY EAST  QLD  4002

Over the counter

Visit the Brisbane registry at 110 George Street to apply.

If you do not live in Brisbane, you can apply at your local Magistrates Court or Queensland Government Agent Program (QGAP) office.

Fees

Item Cost
End a registered relationship $31

Payment methods

Pay by cash, cheque, credit card (Visa and MasterCard) or money order. Make cheques or money orders payable to the ‘Registry of Births, Deaths and Marriages’. No personal cheques accepted.

Postage fee

Postage is included when you order a certificate to be sent by mail.

You can request to have your certificate posted by express or register post. The cost is:

Item Cost
Express post $5.25
Registered mail $3.90
Air mail $2.35
International registered post $13.20
International express post $14.05
International Air Mail for commemorative certificates $7.75

Official end of registered relationship

The Registrar cannot officially end your relationship until 90 days after you lodge the completed application.

Withdraw my application

You can withdraw your application (PDF, 694.8 KB) within 90 days of lodging it.

Proof of ID (identification)

The ID you provide must be current and include a photo and signature. It must show your current address.

You must provide at least 1 form of ID from each category below, or, provide 2 forms of ID from community and 1 from home address evidence category below which includes a signature.

Types of ID

Personal ID

  • Driver licence
  • Australian passport
  • Overseas passport
  • Firearms licence
  • Defence force or police identification card
  • Proof of Age card

Community ID

  • Medicare card
  • Debit or credit card
  • Entitlement card from the federal or state government
  • Student card or statement of enrolment
  • School or other educational report from the last 12 months
  • Identity document from a passport office
  • Naturalisation, citizenship or immigration papers
  • Full birth certificate
  • Security guard licence

Home address evidence

  • Gas, electricity, home phone, car registration or rates account
  • Bank statement
  • Rent or lease agreement
  • Driver licence renewal notice
  • Official government letter not from this agency

Certified and translated identity documents

Certify identity documents with a:

  • justice of the peace
  • commissioner for declarations
  • barrister or solicitor
  • notary public
  • client service officer at a Magistrates Court or QGAP office.

For documents not in English, you must provide a translation from a translator accredited by the National Accreditation Authority for Translators and Interpreters (NATTI).

Divorce and separation information

Online

Email enquiries@familylawcourts.gov.au.

By phone

Call 1300 352 000 (Monday–Friday, 8.30am–5.00pm).

Ending a relationship information

Online

Email bdm-mail@justice.qld.gov.au. Online enquiries are replied to within 2 business days.

By phone

Call 1300 366 430 (Monday–Friday, 8.30am–4.30pm).

Legal help or mediation information

If you need legal help or mediation, the following organisations can assist:

For more information on how to apply for divorce, visit:

Last updated
26 March 2013

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