Can My Ex Refuse to Sign Divorce Papers?

No. Your ex cannot refuse to sign divorce papers and stop your divorce. Australia has a no-fault divorce system, so you do not need your former spouse’s consent.

Many people come to us worried about exactly this. At Terry Anderssen Lawyers in Nundah on Brisbane’s Northside, our divorce lawyers help clients across north Brisbane apply for divorce without their ex’s cooperation.

Do Both Parties Need to Agree?

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

The Court only needs proof that the marriage has broken down irretrievably. In practice, that means one thing: you must have been separated for at least 12 months and one day.

Separation can also include living under one roof while living separate lives. However, this needs extra evidence. You will need your own affidavit to address the criteria in relation to how you were separated but still living together.

What if My Ex Refuses to Sign?

You apply on your own, as a sole applicant. The process runs like this:

– You prepare and file the application through the Commonwealth Courts Portal.
– You arrange for the papers to be served on your ex.
– You attend the hearing, if attendance is 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. It simply means you file alone instead of jointly.

Can My Ex Dispute the Divorce?

Rarely, and only on narrow grounds. Your ex may respond if they say:

– You have not been separated for 12 months.
– The Court does not have jurisdiction — for example, neither of you is an Australian citizen, resident or domiciled here.
– The marriage itself was not valid.

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

Do I have to go to court?

Usually not. For a sole application, you must attend if there is a child of the marriage under 18. Otherwise, attendance is generally not required.

Joint applications do not usually require anyone to attend.

How are the papers served?

Importantly, you cannot serve the papers yourself. Someone else must do it — a process server, a friend over 18, or by post with an acknowledgment signed and returned.

Service also has to happen well before the hearing. The timeframes differ depending on whether your ex is in Australia or overseas, so this is worth getting right the first time. Service problems are the most common reason a divorce hearing gets adjourned.

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.

What if we have been married less than two years?

Being married for less than two years is no longer relevant for a divorce in Australia, as the special counseling and court permission requirements for short marriages were removed in June 2025.

Why Choose Our Divorce Lawyers in North Brisbane?

At our Nundah based law firm on Brisbane’s Northside, 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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Disclaimer: The information provided on this website and in this article is for general information purposes only and is not intended to be legal advice. You should not rely on the information contained on this site as a substitute for obtaining legal advice tailored to your individual circumstances. While every effort is made to ensure the information is current and accurate, no warranty is given as to its completeness or reliability. If you require legal advice, please contact a qualified legal professional to discuss your specific situation.