In Australia, divorce is based on one thing only: that your marriage has irretrievably broken down. You don’t need your ex’s permission or consent.
This article explains what happens when one person doesn’t want to cooperate with divorce proceedings—and how to move forward confidently.
Do You Need Your Ex’s Agreement to Get Divorced?
No. Australia has a no-fault divorce system. That means the court doesn’t look at who caused the breakup or whether both parties want the divorce.
As long as:
You’ve been separated for at least 12 months, and
You meet the basic eligibility requirements (citizenship, residency, or usual living arrangements),
…you can apply on your own. This is called a sole application.
What Happens If Your Ex Won’t Sign the Papers?
If you apply for divorce on your own, you must serve the application to your ex. That means officially giving them a copy of the divorce documents.
They don’t need to agree or respond. Their signature isn’t required. But they must be properly notified.
Example:
James wanted a divorce, but his ex-wife refused to communicate. He made a sole application and arranged for a process server to deliver the papers to her home. She ignored it—but James still went ahead. The court approved the divorce because proper service was proven.
What If You Can’t Find Your Ex?
Sometimes, people lose contact with their former spouse. If this happens, you can still apply—you’ll just need to take extra steps.
Apply to the court for substituted service (e.g. sending the papers via email, social media, or to a known relative).
Or, apply for a dispensation of service—asking the court to allow your divorce to proceed without serving the other person if all reasonable efforts have failed.
The court understands that not all situations are straightforward.
What If Your Ex Tries to Stop the Divorce?
If your ex doesn’t want the divorce, they can file a Response to Divorce. But the only valid reason to oppose it is if:
You weren’t actually separated for 12 months
The court doesn’t have jurisdiction (e.g., neither of you live in Australia)
The court will not accept emotional or personal objections as a reason to deny the divorce. If you meet the legal requirements, the divorce will go ahead.
Do You Have to Go to Court?
Only sometimes. If:
You have children under 18, and
You filed a sole application,
you’ll usually need to attend the court hearing. Otherwise, many divorces are finalised without anyone stepping into court.
Real-Life Example
Tina applied for divorce on her own after a 12-month separation. Her ex-husband refused to sign anything and blocked her on all platforms. Tina hired a professional process server to hand-deliver the papers. He ignored the documents—but Tina had proof of service. The court granted her divorce one month later.
Final Steps
After the hearing, your divorce becomes final one month and one day later. You can download your divorce order online from the Commonwealth Courts Portal.
