No consent needed

In Australia, only one party needs to apply for a divorce. You don’t need your ex-partner’s consent or agreement to proceed. As long as you meet the legal requirements, the court can grant a divorce, even though the other party does not want it. In this case, even though your ex-partner doesn’t require your agreement you do have the ability to not sign the papers, however please understand that the order will still be made.

To be granted a divorce in Australia, you must demonstrate that the marriage has broken down irretrievably. This is done by living separately for a minimum of 12 months and 1 day. In some cases couples may still live under the same roof. If you chose to be separated under one roof you will need to provide extra evidence to prove that there has been a change in the marriage. To do this parties must prepare and file an affidavit. The other requirements for divorce include, being legally married, at least one part considers Australia their home or are an Australian citizen or resident, and if there are children under the age of 18, proper arrangements for their care must be made.

While you can’t refuse a divorce, there are a few reasons the process might be delayed. These include, incorrect or incomplete paperwork, this may result in the application being rejected, difficulties serving divorce documents to the other party can hold things up and disagreements about the date of separation may require further evidence or the possibility of a court hearing. It is important to note that if you have been married for less than two years, you will need to attend counseling with a family counselor and file a counseling certificate. The alternative is to get permission from the court to apply for a divorce without the certificate.

In Australia, you can’t refuse a divorce just because you don’t want it to happen. The law focuses on whether the marriage has irretrievably broken down, not on mutual consent. However, delays can occur if the correct process is not followed. If you’re unsure about your situation, speaking to a family lawyer can help you understand your rights and responsibilities moving forward.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.