No-Fault Divorce
Australia has a no-fault divorce system. This means:
You don't need your spouse's consentYou don't need to prove wrongdoingThe only requirement is 12 months separationFiling a Sole Application
If your spouse won't cooperate, file a sole application:
1. You file alone
2. You serve papers on your spouse
3. They have 28 days to respond
4. Divorce proceeds regardless of their response
What If They Won't Sign Form 1A?
The Acknowledgment of Service (Form 1A) proves they received the papers. But they don't have to sign it.
Alternative Proof
Use these instead:
Affidavit from the person who served themTracking receipt from registered postScreenshot of read receipt (if electronic service approved)What If They Refuse to Accept Service?
If they actively avoid being served:
Use a professional process serverApply for substituted serviceDocument their refusalWhat If They Contest the Divorce?
Your spouse can file a Response to Divorce, but they can only dispute:
Jurisdiction (whether Australian courts can hear it)The marriage being validThe separation dateThey cannot stop a divorce just because they don't want one.
What If They Make Threats?
If your spouse:
Threatens youSays they'll "make your life difficult"Tries to delay proceedingsRemember:
Document everythingConsider an intervention order if neededTheir behaviour won't stop the divorceThey may face cost orders for unreasonable conductTimeline When Spouse Doesn't Cooperate
Even with a difficult spouse:
12 months separation: RequiredFiling to hearing: 3-4 monthsSubstituted service application (if needed): 2-4 weeksTotal: Still around 16-18 months
