Do I need my ex's signature at all?

No. Only a joint application is signed by both; a sole application is signed by you alone.

Can my ex delay the divorce by not responding?

No. Once served properly, the hearing proceeds whether or not they respond.

Will my ex know my address?

The application includes your address unless we ask the Court to keep it confidential. Tell us if that's a concern.

Spouse Won't Sign Divorce Papers? Apply Alone in Australia

My spouse won't sign — can I still get divorced? Yes.

In Australia there are no "divorce papers" your spouse must sign. If you've been separated 12 months, you can apply on your own — a sole application. Your spouse is served with a copy so they know about the hearing, and they may sign an acknowledgment if they're cooperative, but the divorce goes ahead without their agreement. They can only oppose it by disputing that you've been separated 12 months or that the Court has jurisdiction — and even then, they don't get a veto.

Man on an apartment balcony looking at his phone

What happens instead of a signature

We prepare and file the application. Then we serve your spouse — by post if they're likely to sign and return an Acknowledgment of Service, otherwise by a professional process server who hands them the documents and swears an affidavit that they did. You never have to serve them yourself (in fact you're not allowed to). We file the proof of service and the hearing goes ahead.

"They'll just ignore it"

That's fine. Ignoring the documents doesn't stop anything. Once service is proved and the required period has passed, the Court can make the order in their absence.

"They'll refuse to take the papers"

A process server can still effect service by explaining what the documents are and leaving them; if they evade repeatedly, we apply for substituted service. Can't find my spouse →

"They say they'll fight it"

The only real grounds are the separation date and jurisdiction. If a Response is filed we'll explain what it means and quote any further work before doing it. It's rare.

If contact isn't safe

Tell us. Safety mode means a professional server, no contact from you, address suppression and a lawyer managing your file. Safety & privacy →

Check if you're eligible

or call 1800 976 214

Two minutes · no obligation · a lawyer confirms everything before anything is filed