After more than a decade of marriage, you might find yourself at a point where the relationship has broken down. Even after trying counselling or other forms of reconciliation, you may decide that the marriage has ended and that it’s time to move forward.
But what happens if your partner doesn’t respond or refuses to take part in the divorce process?
If your spouse is uncooperative, unresponsive, or simply unwilling to act, a sole divorce application may be the best way to move ahead legally and finally close this chapter of your life.
This guide explains what a sole divorce application is, when to consider one, and the steps involved in applying — so you can approach the process with clarity and confidence.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Is a Sole Divorce Application?
A sole divorce application is when one spouse files for divorce independently, without the other party’s cooperation or consent.
Under the Family Law Act 1975 (Cth), a divorce can be granted even if only one spouse applies, provided the marriage has broken down irretrievably and the legal requirements are met.
This differs from a joint application, where both spouses agree and sign the paperwork together. A sole application gives the applicant control over the timing and management of the divorce — which can be helpful if the other spouse cannot be contacted, refuses to participate, or lives overseas.
The court does not require both parties to agree that the marriage is over. It only needs to be satisfied that the relationship has ended permanently and that you’ve been separated for at least 12 months.
When to Consider Filing a Sole Divorce Application
You may consider filing a sole application for divorce in situations such as:
Your spouse is uncooperative or unreachable: If your spouse ignores communication, refuses to sign documents, or lives overseas.
You need a firm divorce date: For example, to remarry, finalise property settlement, or clarify superannuation entitlements.
You prefer privacy: You may wish to avoid sharing personal details of affidavits or supporting documents with your former partner.
Separate legal issues exist: You may want to finalise the divorce first and deal with parenting or property matters later.
You anticipate disputes: If you expect disagreements over dates, facts, or wording that could delay a joint application.
A sole application ensures the process continues even if your spouse refuses to cooperate.
How to Apply for a Sole Divorce
The following steps outline how to apply for a sole divorce under the Family Law Act 1975 (Cth).
1. Confirm Eligibility
To apply, you or your spouse must:
Be an Australian citizen, or
Usually live in Australia and regard it as your permanent home, or
Have lived in Australia for at least 12 months before applying.
You must also have been separated for at least 12 continuous months, and there must be no reasonable likelihood of reconciliation.
2. Gather Required Documents
Prepare the following:
Your original or certified marriage certificate (with a translation if not in English)
Photo identification (e.g. driver licence or passport)
Evidence of separation (for example, lease agreements or affidavits confirming separate living arrangements)
If you were separated under one roof, you’ll need affidavits explaining how you lived separately during that period.
3. Complete the Application Form
Complete Form 2 – Application for Divorce via the Commonwealth Courts Portal. Include details of the marriage, separation date, and any children under 18.
If you have children, you’ll need to outline their living arrangements, schooling, and financial support, so the court is satisfied proper care is in place.
4. Work with a Family Lawyer
A lawyer can review your documents, ensure all requirements are met, and help with special applications such as substituted service if your spouse cannot be located. Getting legal advice early reduces the risk of delays or rejection.
5. Lodge the Application and Pay the Fee
File your application online and pay the filing fee (currently $990, or $330 if eligible for a reduced fee). You’ll receive confirmation and a hearing date, usually six to ten weeks later.
6. Serve the Application
You must serve a copy of your application on your spouse:
At least 28 days before the hearing if they are in Australia
At least 42 days before the hearing if they are overseas
Service must be completed by someone over 18 (not you), and proof of service is filed using an Affidavit of Service.
If you can’t locate your spouse, you can apply for substituted service or dispensation of service, allowing alternative methods such as email, social media, or newspaper notice.
7. Attend the Hearing (if required)
In most sole applications without children, attendance is not required. If you have children under 18, you may need to attend in person or by video link to answer questions about their welfare.
Once the application is approved, the court will issue a divorce order.
When to Seek Professional Help
If your situation involves:
Complex property or financial matters
Allegations of family violence
Parenting or custody disputes
A spouse who is difficult to locate or refusing service
… it’s best to engage an experienced family lawyer. Professional legal support ensures the process is handled correctly, efficiently, and with minimal stress.
Frequently Asked Questions (FAQs)
What is a sole divorce application?
It’s when one spouse files for divorce on their own under the Family Law Act 1975 (Cth), without needing the other spouse’s consent.
What if my spouse doesn’t want a divorce?
You can still proceed. The court only needs to confirm separation and proper service of documents.
Can I get divorced without my spouse signing?
Yes. Only the applicant signs the paperwork. The other spouse must simply be served with the application.
What’s the difference between joint and sole applications?
A joint application is filed together and agreed upon by both parties. A sole application is made by one spouse alone.
How long must we be separated?
You must have been separated for at least 12 months before filing. Short periods of reconciliation (under three months) don’t restart the separation period.
Can I apply while living overseas?
Yes, provided you or your spouse meet the Australian residency requirements.
What if I can’t find my spouse?
You can ask the court for substituted or alternative service if you can show genuine efforts to locate them.
When does the divorce become final?
The divorce becomes final one month and one day after the court makes the order, unless an appeal is filed.
Can I get a fee reduction?
Yes. You may qualify for the reduced filing fee if you hold a Health Care Card, pensioner card, or meet income criteria.
What if my ex contests the divorce?
They can file a response within 28 days (if in Australia) or 42 days (if overseas). The court will then consider both parties’ evidence.
Final Thoughts
Filing for a sole divorce can feel daunting, especially when emotions are high or your spouse refuses to cooperate. But with the right legal support, the process can be smooth, efficient, and fully compliant with Australian law.
At VM Family Law, our Queensland family lawyers specialise in handling sole divorce applications with care and precision. We manage all documentation, filing, and court requirements — so you can focus on moving forward with peace of mind.
For confidential advice, call 07 3447 8966 or visit www.vmfamilylaw.com.au today.
Official Information Sources
Federal Circuit and Family Court of Australia – How to Apply for Divorce
https://www.fcfcoa.gov.au/Queensland Law Handbook – Divorce and Separation in Australia
https://queenslandlawhandbook.org.au/Legal Aid Queensland – How to Apply for Divorce
https://www.legalaid.qld.gov.au/Queensland Government – Divorce and Separation Overview
https://www.qld.gov.au/Family Relationships Online – Separation and Divorce
https://www.familyrelationships.gov.au/Queensland Law Society – Family Law Resources
https://www.qls.com.au
