Can My Ex Refuse to Sign Divorce Papers?

Divorce can feel overwhelming, especially if your ex refuses to cooperate. Many clients ask us: can my ex refuse to sign divorce papers? The short answer is no.

At Terry Anderssen Lawyers, our divorce lawyers in Nundah, North Brisbane, guide people through this exact concern.

Do Both Parties Need to Agree?

No. Under Australian family law, you do not need your ex’s consent to divorce.

Australia follows a no-fault divorce system. This means the Court only needs proof that the marriage has broken down irretrievably.

You must be separated for at least 12 months. Separation may even include living under one roof but living separate lives.

What if My Ex Refuses to Sign?

If your ex-refuses, you can still apply for divorce as a sole applicant.

This process involves:

• Preparing and filing the application.
• Serving the papers on your ex.
• Attending Court if required.

If your ex ignores the papers or refuses to sign, the Court can still grant the divorce. Their refusal does not stop the process.

Can My Ex Dispute the Divorce?

The main reason why a divorce would be challenged is:

• If your spouse says you have not been separated for 12 months.

Arguments about property, money or children do not affect whether a divorce is granted. These issues are decided separately.

What If I Cannot Find My Ex?

Sometimes an ex-spouse avoids service or cannot be located. In these cases you can apply to the Court for:

• Substituted service, such as serving by email or through a family member.
• Dispensation of service, if all attempts to find them fail.

This ensures no one remains trapped in a marriage due to an uncooperative spouse.

Why Choose Our Divorce Lawyers in North Brisbane?

At our Nundah based law firm on Brisbane’s Norhside, we help clients across Brisbane with divorce and family law matters.

We understand the stress of dealing with an ex who refuses to cooperate. Our team of divorce lawyers in North Brisbane provides clear guidance and support through every stage.

Final Thoughts

Your ex cannot prevent you from getting divorced by refusing to sign. While cooperation makes things easier, you can move forward without it.

If you need help, speak with our divorce lawyers at our Nundah firm today. We will guide you through the process and protect your interests.

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