After more than a decade of marriage, you suddenly find yourself at a crossroads where your relationship starts to break down. Even after several attempts at going through counselling to try to make things work, you’ve finally decided that it’s over.
Divorce is the only way to start a new chapter in your life. But, what happens if your partner remains unresponsive when you file for a divorce?
If your spouse remains indifferent or even uncooperative, a sole divorce application may be the solution you need in this situation.
This guide will talk more about what a sole divorce application is and when you should consider applying. It will also discuss how to apply for one, so you can start rebuilding your life with confidence.
Don’t navigate your sole divorce alone. Speak with our Queensland family lawyers at 07 3447 8966 or head to www.vmfamilylaw.com.au to learn more.
What Is a Sole Divorce Application?
A sole divorce application occurs when one spouse takes the lead in filing for divorce, including processing all necessary paperwork to end the marriage without the other partner’s consent. (Family Circuit and Family Court of Australia)
Unlike a joint application, where both spouses agree and work together during the divorce process, a sole application lets the initiating spouse take charge of the divorce timing. It will also allow the initiating spouse to take control over the details that will be set during the divorce proceeding.
So, how do you know if a sole divorce application is ideal for your situation?
When to Consider Filing a Sole Divorce Application
Here are some factors that will help you decide if filing for a sole divorce application is right for you:
- Uncooperative or Unreachable Partner: Your spouse refuses to engage, ignores your messages or lives overseas, making joint filing impractical.
- Urgent Timing Needs: You need a firm divorce date. Maybe you’re planning to remarry, finalise property matters or gain superannuation clarity; hence, you can’t afford delays.
- Privacy Concerns: You’d rather limit the personal details and affidavit content seen by your ex or the public, keeping the focus strictly on legal requirements.
- Separate Legal Issues: You want to divorce quickly without tying it to unsettled property settlements or parenting disputes that might drag out a joint process.
- Dispute over Application Content: You foresee disagreements about wording, separation dates or other factual elements that could stall a joint application, but don’t wish to be held up by negotiations.
Ensure a smooth sole divorce application by working with our trusted Queensland family lawyers. Call 07 3447 8966 or visit www.vmfamilylaw.com.au to get started.
How to Apply for a Sole Divorce
Below are the steps when applying for a sole divorce. Note that before you begin, you need to meet the Family Law Act’s residency and separation rules.
Here’s how to begin:
1. Confirm Your Eligibility
You or your spouse must have lived in Australia for at least 12 months and regard it as home, and you need a continuous 12-month separation. Without meeting these tests, the court has no jurisdiction to grant your divorce.
2. Gather Required Documents
You’ll need your original marriage certificate (or certified copy), photo ID and any evidence of separation, like a lease agreement or affidavits from friends. Having clear, consistent proof helps avoid requests for more information that delay your application.
3. Complete the Application Form
Fill out Form 2 (Application for Divorce) online via the Commonwealth Courts Portal or by hand, including marriage details, separation date and whether you have children under 18. If you do, also prepare an affidavit form to show you’ve either attended dispute resolution or have a parenting plan.
4. Work with a Family Lawyer
A family lawyer, such as VM Family Law, or a solicitor can review your forms for accuracy, advise on concession eligibility and guide you through substituted service if your ex is hard to locate. Early legal input minimises the risks of rejected applications or procedural hiccups.
5. Lodge Your Application & Pay Fees
Submit your forms online or at a court registry and pay the standard fee, currently $970, or apply for the reduced fee of $320 with evidence of a Health Care Card, pensioner concession or low household income. Include any concession documentation alongside your Form 2 to avoid separate fee-waiver applications.
6. Monitor Processing & Get Your Hearing Date
Online filings often get acknowledged within 24–48 hours; the court usually lists matters for hearing in six to ten weeks. You’ll receive a “date for hearing” notice with instructions on attending in person or submitting written evidence.
7. Serve the Application
Serve your spouse at least 28 days before the hearing (35 days if they’re overseas), either in person or by post under the Family Law Rules 2004 (r 5.06–5.10). Use a professional process server or a trusted adult over 18, then file an Affidavit of Service (Form 11) to prove they received the documents.
When to Seek Professional Help
If your case involves complex property division, allegations of family violence or contested parenting arrangements, engaging a family law solicitor is wise.
Early advice can clarify whether a sole divorce application is the best course of action or if you should first pursue consent orders or a property settlement. Professional guidance minimises risk, avoids costly mistakes and streamlines the journey to a final divorce order.
For expert and compassionate support tailored to your circumstances, contact VM Family Law or call 07 3447 8966 today.
Frequently Asked Questions (FAQs)
What is a sole application for divorce in Australia?
A sole application is when one spouse independently files for divorce under the Family Law Act 1975 (Cth), meeting residency (s 48) and 12-month separation (s 50) requirements without the other’s agreement.
What happens if one side doesn’t want a divorce?
Even if your spouse objects, you can proceed with a sole application. The court only checks your eligibility and service of documents; their refusal won’t block the final order.
Can you get a divorce without the other person signing in Australia?
Yes. In a sole application, only the applicant signs the forms. Your spouse merely needs to be served. They don’t sign or consent.
What is the difference between joint and single application for divorce?
A joint (or joint-party) application involves both spouses filing together, agreeing on all details and timing. A single (sole) application is filed by one spouse alone, giving them control over timing and content.
How long do I have to be separated before I apply?
You must be separated for at least 12 continuous months. Brief reconciliations under three months don’t reset the clock, but anything longer does.
Can I apply online from outside Queensland?
Yes. As long as you or your spouse satisfy Australian residency rules, you can lodge via the Commonwealth Courts Portal from anywhere.
What if I can’t find my spouse to serve documents?
You can ask the court for substituted service, alternative methods like email, social media or newspaper notice, after showing you’ve made reasonable efforts to locate them.
When will my divorce become final?
A divorce order becomes final one month and one day after the court’s order is sealed, assuming no appeals are lodged.
Can I get a fee waiver for my application?
You may qualify for a reduced fee ($320) or waiver if you hold a Health Care Card, pensioner concession card or meet low-income thresholds. Provide evidence with your application.
What happens if my ex-partner contests the divorce?
They can file a response within 28 days of service. The court will then consider both parties’ evidence before deciding whether to grant the divorce.
Final Thoughts
Filing for a sole divorce application can be overwhelming. But with the help of expert and trusted family lawyers, you can get through divorce confidently and with peace of mind.
Our Queensland family lawyers at VM Family Law are ready to help you through the process. We handle the paperwork, communications and negotiations, so that you can focus more on rebuilding your life, rather than chasing your ex-spouse or tedious paperwork.
Reach us at 07 3447 8966 or visit www.vmfamilylaw.com.au to find out more about how we can support you.
