Can’t agree to a divorce? Meet one condition and you can file for divorce on your own!

What happens if your spouse refuses to get divorced?

In Australia, divorce does not require the consent of the other party. Therefore, you can apply for divorce unilaterally if you meet the following conditions: 

  • You have been separated from your spouse for a minimum of 12 months; and
  • Either you or your spouse is an Australian citizen, or
  • Either you or your spouse have lived in Australia for at least 12 months and intend to live in Australia indefinitely. 

How to apply for a sole divorce application? 

When submitting a divorce application, you must provide evidence of separation.

You can fill out and submit the divorce application form yourself, or you can appoint a lawyer to submit it on your behalf.

After receiving the divorce application, the Family Court will send a notice to your spouse.

If you have any questions about divorce, please contact us immediately. Our family lawyers are more than happy to answer any related legal questions for you.

*Disclaimer: This is only a general guidance and cannot be regarded as a specific answer to your individual questions. The law is complicated, and we strongly recommend that you seek professional legal advice. Canaan Lawyers will not be liable for any loss of damage caused by any person due to the information contained or missing in the document.