One Sided Divorce in Australia: Can You Do It Alone?

Your spouse won’t sign. They won’t reply to your messages, or they have gone quiet, moved, or simply vanished. And the fear sitting underneath all of it is usually the same one I hear from clients every week: can they block the divorce forever, just by refusing to take part?

The short answer is no. You can divorce in Australia without your spouse’s agreement. We have a no-fault system, and one person can end the marriage on their own through a sole application. You do not need their permission, their signature, or their cooperation. On this page I will walk you through how a one sided divorce actually works, what it costs, how long it takes, and the one part of separating that still needs both of you.

Can you get a divorce if your spouse won’t agree?

Yes. Their agreement is not part of the test.

A lot of people assume divorce is something both partners have to sign off on, like a contract. It is not. The court is not asking whether your spouse consents. It is asking one thing: has the marriage broken down for good, with no reasonable likelihood you will get back together? That is the only ground for divorce under the Family Law Act 1975 (Cth) (s 48).

So a spouse who refuses to sign cannot veto the divorce. They can make the process slower, and I will be honest about that further down. What they cannot do is stop it.

The no-fault rule and 12 months of separation

No-fault means exactly what it sounds like. You do not have to prove your spouse did anything wrong, and they do not get to argue their way out of it by pointing the finger back at you. The court does not want the story of who ruined the marriage.

What it wants is proof the marriage is over, and the proof is time. You show 12 months of separation before you apply. A few things worth knowing here:

• You can be separated while still living under the same roof, which the court recognises where the circumstances support it (Family Law Act 1975 (Cth), s 49).
• If you tried to reconcile and it lasted less than three months, that attempt does not reset the 12-month clock (s 50). One failed go at making it work will not send you back to the start.

Name the term, then move on: separation is about the marriage ending, not about who moves out.

How a sole application works

A sole application is a divorce application filed by one person. Here is the shape of it. If you want the plain step-by-step that applies to any divorce application, not just a one-sided one, that lives in our general guide on how to get a divorce. This page stays on the one-sided angle.

You file the application online through the Commonwealth Courts Portal, the court’s official filing system. You pay the filing fee, currently $1,170, or a reduced $390 if you hold a concession card or can show financial hardship (Federal Circuit and Family Court fees). Then you serve the application on your spouse.

That last step, service, is where a one sided divorce gets its reputation for being difficult. So let’s deal with it properly.

Serving papers when your spouse won’t engage or can’t be found

You have to give your spouse a copy of the divorce documents. That is called service, and in a sole application there are hard timeframes attached to it. Your spouse must be served at least 28 days before the hearing if they are in Australia, or at least 42 days before if they are overseas (Federal Circuit and Family Court, serving divorce documents).

This is where a lot of people get caught out, because they assume a spouse who ignores the papers has won. They have not. If your spouse refuses to acknowledge that they have been served, or you genuinely cannot find them, you have two options the court can grant:

• Substituted service. You serve them a different way, for example through a family member, an email address they use, or a social media account, when normal service is not working.
• Dispensation of service. In the right circumstances the court can excuse you from serving them at all, where you have made real efforts and there is no reasonable way to reach them.

You apply to the court for either one, with evidence of what you have tried. A silent or missing spouse is a practical problem to solve, not a wall.

What if my spouse is overseas or we married overseas?

Two common situations, both fine.

If you or your spouse live overseas, you can still apply here as long as one of you meets the residence or citizenship connection to Australia. Service on a spouse who is overseas uses the longer 42-day timeframe above.

If you were married overseas, that marriage is generally recognised in Australia, so you divorce here the same way anyone else does. There is more detail in our guide on getting married in Australia and divorcing overseas.

What happens at the hearing?

A divorce hearing is generally a short administrative process, in which a registrar checks over applications, may ask a few questions, and grants the divorce if everything checks out. In recent years, most applicants no longer need to attend the hearing in person, unless either party wishes to be there and notes this on their application. Most divorce hearings are done over the phone or electronically via videolink.

There are exceptions to this rule, and it’s not if you have children anymore. Having children under 18 used to mean you’d need to attend, but this rule changed on 10 June 2025.

You may need to attend if:

• The divorce is opposed by the Respondent
• Substituted or dispensed service has been requested
• You provided an affidavit about separation under one roof and need to provide more information
• The Applicant or Respondent wishes to attend

If you are unsure, check the received paperwork, or get in touch with the registry your matter is being heard at before the hearing date.

What if we have children under 18 when we get a divorce?

Previously, if you had children under 18, you’d need to attend the hearing in person. This changed in June 2025, and in most cases, you will not need to attend.

However, what remains the same is that the court will need to be sure that your children have suitable care arrangements in place when they review the application, in line with s 55A of the Family Law Act 1975 (Cth). This doesn’t mean you need to rush into getting consent orders or make a permanent, long-term plan for parenting matters. Having a practical written and signed parenting plan in place, even if it only outlines the next 6 months while things settle, is a positive step here though.

The catch? Divorce is one-sided, settlement and parenting matters are not

Here’s the catch, and it is the part I most want you to take away.

Ending the marriage can be done alone. Dividing what you built together cannot. Splitting the property pool, sorting superannuation, and working out parenting arrangements all still need the other side to engage, or a court to step in and decide. A divorce order does none of that. It ends the marriage and nothing else.

There is also a clock on it. You have 12 months from the date your divorce takes effect to start court proceedings for a property settlement or spousal maintenance (Federal Circuit and Family Court, when you cannot agree). Miss that window and you have to ask the court’s permission to proceed, which you may not get. If you and your spouse can agree, formalising it through consent orders is the cleaner path. If you cannot, you do not want to be the one who let the deadline slide.

So the honest picture is this: you can get divorced on your own, but do not treat the divorce order as the finish line for money and children. It is not.

Facing a one sided divorce and feeling overwhelmed?

Being stuck because the other person won’t engage is exhausting, and you are not the first person to sit in that spot. We deal with unresponsive and unlocatable spouses often, from substituted service applications through to the settlement that comes after.

If you want a clear read on where you stand and what to do next, book a free discovery call. We will explain your options in plain English, no pressure. Call 1300 614 732 or speak with our divorce lawyers in Sydney.