What if my ex won’t sign the divorce papers? How to Finalise Your Divorce in Australia

jcraigmckay
Sep 29, 2025
3 min read

What if my ex won’t sign the divorce papers?

Short answer: you can still get divorced. Australian law is no-fault. The only ground is that the marriage has broken down irretrievably, shown by 12 months’ separation (including “under one roof” with evidence). Consent isn’t required to file a sole application. Your ex cannot block a divorce just by refusing to “sign”.

Sole vs joint applications

You can apply either jointly or on your own. If you file a sole application, you must serve the documents on your spouse and prove service to the Court. If you apply jointly, no service is required. The case is filed online through the Commonwealth Courts Portal.

Serving the papers (when the ex won’t cooperate)

For a sole application, service is about notice, not consent. A third party (over 18) can hand-deliver or otherwise serve the documents. There are strict deadlines: if your spouse is in Australia, serve at least 28 days before the hearing; if overseas, at least 42 days. You’ll usually file an Affidavit of Service to prove it.

Can’t locate them—or they’re dodging service?

You can ask the Court for:

Substituted service (permission to serve another way—e.g., email, messaging, social media, or via a relative/employer you can show they’ll see); or
Dispensation of service (the Court excuses service altogether if you’ve made all reasonable attempts).

These applications are commonly listed at the same time as your divorce hearing, and you should attend to answer questions about your efforts to locate and notify your spouse.

Do I have to attend the divorce hearing?

Often, no. You (and your ex) generally don’t need to attend unless:

you asked to attend,
your ex filed a Response to Divorce opposing the application,
there are children under 18 (the Court must be satisfied that proper arrangements exist), or
you’re seeking substituted or dispensation orders. (Federal Circuit Court)

What if my ex files a Response and “opposes” the divorce?

They can’t stop a divorce for emotional or tactical reasons. The Court focuses on whether the 12-month separation requirement and jurisdictional boxes are ticked. A Response may raise issues like the actual separation date or jurisdiction, but refusal to “sign” is not a barrier if the legal requirements are met.

How long will this take?

Once the Court makes the divorce order, it becomes final one month and one day later (unless shortened/extended by order or appeal). Your digital divorce order is then available in the Portal.

Children, property and support—separate issues

Divorce deals only with ending the marriage. Parenting arrangements and property/spousal maintenance are separate and can be finalised before or after a divorce. (If you intend to start property proceedings, note the usual 12-month window from when the divorce becomes final.) The Court granting a divorce with children under 18 must be satisfied proper arrangements are in place for their care, welfare and development.

Practical checklist

Confirm eligibility: 12 months’ separation; Australian connection; proof of marriage certificate (translated if needed).
Choose application type: Joint (easier) or sole (works even if the ex won’t cooperate).
File online: Use the Commonwealth Courts Portal.
Arrange service (sole apps): Observe the 28/42-day deadlines; use a process server if necessary; file your Affidavit of Service.
If service fails: Apply for substituted service or dispensation—document your search efforts (addresses, emails, socials, enquiries).
Hearing: Attend if children under 18, if there’s opposition, or if you’re seeking special service orders.

FAQs

Do I need my ex’s signature to get divorced?

No. You can file a sole application. Your job is to serve your ex or obtain substituted/dispensation orders if service isn’t possible.

We’re separated but still living “under one roof”. Is that okay?

Yes—if you can prove separation (e.g., separate rooms/finances/social lives). The key is 12 months’ separation.

My ex is overseas and ignoring me. Will the Court still proceed?

Yes, provided you meet the 42-day service timeline or obtain substituted/dispensation orders after reasonable attempts.

Do I have to attend the hearing?

Only in certain situations (children under 18, opposition, or substituted/dispensation applications).

When is the divorce final?

Usually one month and one day after the order is made; you can then download it from the Portal.

If your ex won’t sign—or is actively avoiding service—we can help you keep the process moving. Contact Craig McKay Legal in Adelaide for clear advice, service strategies (including substituted/dispensation applications), and a streamlined online filing. Let’s get this done properly, and get you moving forward.

Take advantage of our complimentary no-obligation telephone consult on any new matter.

This article is for general information only and is not a substitute for legal advice. For advice specific to your situation, please contact our office.