Can you get a divorce without the other person signing in Australia?
Help! My ex won’t sign divorce papers!
Facing divorce can feel overwhelming, especially if your former partner is unwilling to cooperate. A common worry for many people is: Do both parties need to sign divorce papers? The short answer is no. In Australia, you can still move forward with a divorce even if your ex refuses to sign or participate.
Thanks to Australia’s no-fault divorce system, the court focuses on whether the marriage has broken down irretrievably, not on whether both spouses agree to the separation. This means you do not have to remain legally married simply because your former partner is uncooperative.
This guide explains how the divorce proceedings work when one person refuses to participate, what role the Federal Circuit and Family Court of Australia plays, and what you can expect at each stage.
Yes, You Can Get a Divorce Without the Other Person Signing
The good news for those facing the issue of their ex not signing the necessary divorce documents, you can still lodge a sole divorce application. To explain further, there are two ways to apply for a divorce:
Joint application for divorce: both spouses apply together, signing the paperwork and moving through the process in agreement.
Sole application for divorce: one spouse applies for divorce on their own, without the other person’s involvement.
If you make a sole application for divorce in Australia, the other party does not need to sign the divorce papers. Instead, the court documents must be formally served on them so they are aware of the proceedings. In short, their signature or agreement is not required on the divorce form for the divorce to be granted.
Do both parties need to sign divorce papers at any time in the proceedings?
No, both parties do not need to sign through the whole divorce process. While a joint application is generally quicker and more straightforward, a sole application is entirely valid.
Many people choose a joint application if they and their ex-partner are on amicable terms, as it can save time and reduce stress. However, if your ex is unwilling, unresponsive, or refuses to cooperate, a sole application allows you to move forward without unnecessary delays.
If there are children involved, what happens if your ex refuses to sign divorce papers?
This is a concern we hear often: “My ex won’t sign the divorce papers: what do I do when there are children involved?” The good news is that the court’s primary concern will be the best interests of the children.
With a sole application, with or without children involved, your responsibility is to ensure the other party is properly notified. This is done by serving them with the application for divorce in line with court rules. If your ex ignores the papers or chooses not to attend the court hearing, the divorce may still be granted. However, their non-cooperation can affect how other important matters are settled.
When it comes to parenting arrangements (child custody) and child support, your ex’s refusal can complicate things. You may need to apply to the court for specific orders to decide on matters such as where the children live and who they spend time with. The court can also make a child support order based on their income and other relevant factors. Refusing to sign the divorce papers won’t absolve them of their financial responsibilities.
Do you have to sign divorce papers if opposed to it?
If you have been served with divorce papers, you may wonder whether you have to sign them. In most cases, you are only required to acknowledge receipt; you are not required to “agree” to the divorce itself.
The grounds to oppose a divorce are very limited, such as:
The couple has not been separated for 12 months, or
The court does not have jurisdiction (for example, neither spouse is an Australian citizen, resident, or ordinarily living in Australia).
Beyond that, refusing to sign or participate does not stop the divorce process from proceeding.
What happens if your ex refuses to participate?
If your ex-partner refuses to engage in the process, the divorce hearing will still go ahead. The court requires proof that the application was served, but once this is established, the matter can proceed without their cooperation.
At the hearing, the court will check that the marriage has broken down irretrievably, that all required court documents (including the marriage certificate) have been filed, and that the separation period has been satisfied. Provided these requirements are met, the divorce in Australia will be granted, regardless of the other party’s involvement.
Understanding the divorce proceedings
To move from separation to a final divorce order, there are several steps to follow in the divorce process. These are managed through the Federal Circuit and Family Court of Australia, which oversees all divorce applications.
Filing the Application for Divorce
You can lodge either a sole or a joint application.
Applications are filed electronically using the Commonwealth Courts Portal, which allows you to upload documents, pay fees, and monitor the status of your case.
Serving Court Documents
For sole applications, you must serve the papers on your ex-partner. This can be done by hand delivery (not by you personally), by post or through a process server.
If service proves difficult, you can apply for substituted service or dispensation of service.
Court Hearing
In most cases, divorce hearings are straightforward and do not require extensive attendance unless there are children under 18.
The judge reviews whether the legal requirements are met and then issues a decision.
Divorce Order Issued
If approved, a divorce order is made. This becomes final one month and one day after the hearing date.
The divorce order is available for download through the Commonwealth Courts Portal.
Serving divorce papers and substituted service
Serving your ex-partner correctly is a critical step in the court process. If they cannot be located or are avoiding service, the court allows alternatives:
Substituted service: Permission to serve the documents in another way, such as by email, text message, or posting them to a family member.
Dispensation of service: If there is no way to serve the other party, the court may waive the requirement altogether.
Both options require evidence and a formal application, but they prevent you from being trapped in a marriage due to practical obstacles.
What the court considers before granting a divorce
The court will not grant a divorce unless certain conditions are satisfied:
The couple has been separated for at least 12 months.
There is no reasonable likelihood of reconciliation.
Proper arrangements have been made for any children under 18.
All relevant court documents are filed correctly.
The court does not make decisions about property division or parenting during the divorce hearing itself, but these issues can be resolved separately through a just and equitable agreement.
Divorce vs. property settlement and parenting orders
It is important to understand that divorce is legally separate from property settlement and parenting arrangements.
Property settlement: Once the divorce order is made, there is a 12-month time limit to finalise financial matters. A just and equitable agreement must be reached to divide assets and debts.
Parenting orders: These are handled separately, focusing on the best interests of the child.
This means that even if your ex refuses to sign the divorce papers, you can still move forward with the legal process while separately negotiating or litigating property and parenting matters.
Using the Commonwealth Courts Portal
The Commonwealth Courts Portal is the primary online system for managing divorce applications in Australia. Through the portal, you can:
File your application for divorce electronically.
Upload supporting court documents, such as your marriage certificate.
Pay filing fees or apply for a reduction if you are experiencing financial hardship.
Track the status of your case and download your divorce order once it is issued.
The portal streamlines the process and ensures all documents are stored securely in one place.
After the divorce hearing: The divorce order
Once the judge is satisfied that the requirements are met, the court will make a divorce order.
The divorce order becomes final one month and one day after it is granted.
Once finalised, you can download an official copy from the Commonwealth Courts Portal.
The divorce order is essential if you wish to remarry or if you need proof of divorce for financial or legal purposes.
Moving forward with confidence: How Omnia Legal can assist you
Navigating divorce is never easy, especially when your ex-partner refuses to cooperate. But in Australia, you are not trapped in a marriage simply because one person won’t sign. The divorce proceedings are designed to move forward even when one party is uncooperative.
At Omnia Legal, we understand both the legal aspects and the emotional challenges of separation. We are here to help you through the court process with clarity and care, whether you are applying alone, responding to a divorce application, or dealing with related family law matters such as property settlement or parenting arrangements.
No matter how complicated your situation feels, you don’t have to go through it alone. With the right guidance and support, you can take the next step toward building a more secure future.
Contact Omnia Legal for a confidential, obligation-free phone consultation. To talk through your options, call (07) 5415 0248 or email: info@omnialegal.com.au.
Do I have to sign divorce papers? & Other FAQs about divorce
Do I have to sign divorce papers?
No, you are not legally required to sign divorce papers in Australia for a divorce to be granted. While it is possible for couples to apply jointly, which can make the process more straightforward, a divorce can also be filed by just one person.
Do I need a lawyer to apply for a divorce?
It would be wise to contact one of our family lawyers. It is complicated to go it alone, but technically, you can complete and file an application for divorce by using the Commonwealth Courts Portal. However, a divorce lawyer can add significant value in more complex circumstances. For example, if there are children under 18, if your ex-partner lives overseas, or if there are difficulties with the service, our team is here to help.
A family lawyer will ensure all court documents are correctly prepared and filed, help you comply with strict service requirements, and represent you if your ex contests the application.
Importantly, divorce itself is only one part of the process of separation. Property division, spousal maintenance, and parenting arrangements often follow, and professional advice helps protect your rights in those areas. For most people, having legal guidance reduces stress, avoids errors that delay the court process, and ensures that all steps are managed correctly from start to finish.
Can I get a divorce if I don’t know where my ex is?
Yes. If your ex cannot be located, the law provides mechanisms so you can still proceed. Normally, the court requires that you serve the application for divorce directly on your former spouse, but if they cannot be found, you can apply for substituted service or dispensation of service.
Substituted service means the court gives permission to serve the divorce papers in another way, such as emailing them, posting them to a relative, or even sending them via social media if that’s the only way to reach them. Dispensation of service goes further; it is an exemption granted where it’s not possible to serve the other party at all. To obtain either option, you must provide evidence of the efforts you made to locate your ex, such as searching electoral rolls, contacting mutual friends or relatives, or checking social media.
This ensures that one party cannot prevent the divorce from happening simply by disappearing or avoiding contact.
How do I prove separation under one roof?
In some cases, couples may live in the same house but lead separate lives for part or all of the required 12-month separation period. This is known as separation under one roof. The court recognises that financial hardship, parenting responsibilities, or practical considerations may make it difficult to live apart immediately after separation.
If you apply for divorce under these circumstances, you need to provide additional evidence. Usually, this includes affidavits explaining how your living arrangements changed. For example, you stopped sharing a bedroom, ceased joint activities, or divided household responsibilities. Independent statements from friends, family, or even professionals (like counsellors) can also support your case.
The court looks for proof that the marriage has genuinely broken down irretrievably, even though you remained at the same physical address. Providing thorough and clear documentation ensures the court process runs smoothly and avoids unnecessary delays.
What happens if my ex lives overseas?
If your ex lives overseas, you can still proceed with a sole application. The key difference lies in the service requirements. Divorce papers must be served in accordance with international rules, which often involve the Hague Service Convention. This ensures that service is valid and recognised both in Australia and abroad.
The process can take longer and may be more expensive, as international service often requires engaging a professional process server. If you cannot serve your ex in the usual way, you may still be able to apply for substituted service or dispensation, depending on the circumstances.
If children are involved, the court will also want to know about any international parenting arrangements. While the divorce proceedings only deal with ending the marriage, related parenting matters can become complex when one parent lives overseas. This makes legal advice essential in such cases.
How much does it cost to apply for a divorce?
The filing fee for an application for divorce is set by the court and is adjusted periodically. At present, it is several hundred dollars, but the exact amount depends on the most recent schedule of fees published by the court. This fee applies whether you lodge a joint or sole application through the Commonwealth Courts Portal.
If you are experiencing financial hardship, you can apply for a reduced fee. This usually involves providing evidence of your income, government concession cards, or other proof of financial circumstances. The court assesses whether paying the full fee would cause undue difficulty. In some cases, fee exemptions are available altogether.
It’s important to remember that while divorce finalises the legal end of the marriage, it does not resolve financial or parenting issues. Additional legal costs may arise if you need assistance with property settlement or child arrangements.
What if I can’t afford the filing fee?
The court acknowledges that separation often creates financial strain. If you cannot afford the divorce filing fee, you can apply for a fee reduction or exemption. To do this, you must submit evidence such as:
A concession card (e.g., Health Care Card or Pensioner Concession Card), or
A detailed financial statement showing low income, limited savings, or significant financial commitments.
This process is designed to ensure that financial hardship does not prevent someone from accessing the justice system. The reduced fee option is available directly through the Commonwealth Courts Portal when you lodge your application. A decision is usually made quickly so that your divorce proceedings are not delayed unnecessarily.
What happens if my ex contests the divorce?
Contesting a divorce is rare in Australia because the system is based on no-fault divorce. The only valid grounds to oppose a divorce are very limited. These include:
The parties have not actually been separated for 12 months, or
The court does not have jurisdiction (for example, neither spouse is an Australian citizen or resident).
If your ex files a response contesting the divorce, the matter will be listed for a court hearing. At the hearing, both parties may present evidence, and the judge will decide whether the legal requirements have been met. If they have, the court will still grant the divorce, regardless of one party’s opposition.
This safeguard ensures that one person cannot indefinitely block the process simply by refusing to cooperate.
Do I need to attend court?
Attendance depends on your circumstances. If you have made a joint application, you generally do not need to attend the hearing at all. For a sole application, attendance is required only if there are children of the marriage under the age of 18. In those cases, the court wants to confirm that suitable arrangements have been made for the children’s care and welfare.
If there are no children under 18, the application is usually dealt with in chambers, and you are not required to appear. In rare cases where issues arise—such as disputes over separation dates or service problems—the court may ask you to attend to clarify matters.
In every scenario, your lawyer can guide you on whether you need to attend and, if so, help you prepare for what to expect at the hearing.
This article provides general information on legal topics for educational purposes only and should not be considered legal advice or recommendations. While we have taken care to ensure accuracy, Omnia Legal is not responsible for any errors and makes no guarantees about the accuracy or completeness of the information. Links to third-party websites do not constitute an endorsement, and we are not liable for any damages that may result from using inaccurate or incomplete information. It's always best to seek legal advice for specific situations.