If your spouse won’t sign divorce papers in Australia, you can still apply for a divorce. Australian family law does not require both people to agree before the court grants a divorce. One person can file the application without the other’s approval.
The court mainly looks at whether the marriage has broken down and whether you’ve been separated for at least 12 months.
Many people worry that a divorce won’t go through if the other spouse refuses to sign anything. But the truth is, the process can continue even without their cooperation. The system is designed to help you move forward even if the other person is being difficult.
What Happens If My Spouse Won’t Sign Divorce Papers in Australia?
When your spouse won’t sign divorce papers in Australia, it does not stop you from applying. You can file a sole divorce application, which means only you are asking the court to end the marriage.
Once your application is accepted, you must give a copy of the divorce papers to your spouse. This is called serving the papers. The court needs proof that your spouse received them. If your spouse refuses to respond, the court can still move ahead, as long as the documents were served properly.
Even if your spouse ignores the papers, a hearing date will still be set. The court will review the information you gave and, if everything is correct, it may still approve the divorce.
Read Also: How to Get a Divorce in Australia: A Simple Step-by-Step Guide
Can I Get a Divorce Without My Spouse’s Consent in Australia?
You are allowed to get a divorce even if your spouse does not agree. If your spouse won’t sign divorce papers in Australia, you can apply on your own.
You do not need to prove who was at fault or explain why the marriage ended. You only need to show that the marriage has broken down and that you’ve been separated for at least 12 months. This separation can even include living in the same house, as long as you live separate lives.
The court also checks if proper arrangements are in place for any children under 18. This does not mean child custody has to be settled, but the court wants to make sure the children are cared for.
How Do I Serve Divorce Papers If My Spouse Refuses to Cooperate?
If your spouse won’t sign divorce papers in Australia, you must still serve the documents the right way. You are not allowed to hand them over yourself. Instead, you can ask someone else who is over 18, like a friend or a professional process server, to deliver the papers.
Once your spouse is served, that person fills out an Affidavit of Service, which proves to the court that your spouse received the papers. If your spouse avoids being found, there are other steps you can take. These include:
- Asking the court for substituted service (for example, emailing the papers or leaving them with a relative)
- Applying for dispensation of service if you truly cannot find them
These options help make sure the process does not stop just because your spouse is unwilling to respond.
Does a Spouse’s Refusal Delay the Divorce Process in Australia?
A spouse’s refusal may slow down the process, but it usually does not stop a divorce from going ahead. The delays often come from procedural steps that must be followed to keep the process fair and legal.
One of the main causes of delay is the court’s requirement to ensure the other party has been given a fair chance to respond. This means you may need to wait longer if your spouse refuses communication, changes address without notice, or deliberately avoids being served.
These behaviours can create extra tasks, such as hiring a process server, filing for substituted service, or asking the court for permission to serve documents by email or social media.
You may also face longer wait times if the court requires you to correct minor issues in your application. For example, if dates do not match, or if your affidavit about separation under one roof is incomplete, the court may postpone the hearing until these are fixed.
If your spouse chooses to oppose the application after being served, this can also introduce delays. They may file a response disputing the date of separation or raising issues related to the care of children. In such cases, the court may schedule a contested hearing, which typically takes more time to prepare for and finalise.
These possible delays do not mean the divorce will be denied. They simply reflect the court’s duty to be thorough. Once you’ve fulfilled your obligations, the process continues, with or without your spouse’s cooperation.
Read Also: Divorce Order Australia: A Comprehensive Guide
What Are My Legal Options If My Spouse Ignores The Divorce Application?
When your spouse won’t sign divorce papers in Australia and ignores your application completely, you can still continue with the process. If they do not file a response, you are allowed to ask the court to finalise the divorce without them.
The key steps include:
- Making sure the documents were served correctly
- Filling out any extra forms the court needs
- Attending the hearing if required, especially if children are involved
- Following up on the final divorce order, which is usually made one month and one day after the hearing
The court’s main concern is whether the legal requirements have been met, not whether both parties are willing to participate.
Moving Forward Without Their Signature
You do not need to stay stuck just because your spouse won’t sign divorce papers in Australia. The law supports your right to move forward with your life, even if your spouse is uncooperative.
As long as you follow the correct process and meet the court’s requirements, you can still apply for and be granted a divorce on your own.
Need Help Starting the Process?
Are you dealing with a spouse who won’t respond or cooperate during your divorce? Justice Family Lawyers can guide you through every step with calm, clear advice. We’ll make sure your documents are filed correctly, deadlines are met, and your rights are protected from start to finish.
Whether your spouse ignores the process or actively avoids service, our experienced team will work with you to keep things moving.
Contact us today to discuss your options and find a way forward that suits your needs.
Principal of Justice Family Lawyers, Hayder specialises in complex parenting and property family law matters. He is based in Sydney and holds a Bachelor of Law and Bachelor of Communications from UTS.
