In this guide
- The short answer
- Joint vs sole applications
- Which situation are you in?
- Serving the papers: methods and deadlines
- Service by hand, step by step
- If you cannot find or serve your ex
- What your ex can and cannot do
- Forms, fees and timeline
- Separated under one roof, overseas and safety
- Divorce is separate from property and parenting
Key takeaway: No. In Australia your ex cannot stop a divorce by refusing to sign. You can apply alone (a sole application) and then serve the papers: at least 28 days before the hearing if your ex is in Australia, 42 days if overseas. You cannot serve them yourself, and even if your ex signs the acknowledgment, that does not mean they agree to the divorce.
The short answer
Australia has no-fault divorce. You do not need your spouse's signature, agreement or cooperation to apply. What you need is to meet the requirements for divorce, including 12 months' separation under the Family Law Act 1975, and to prove to the Court that your spouse was properly served. "Won't sign" problems are almost always service problems, and the Court has a process for each one.
Joint vs sole applications
| Joint application | Sole application | |
|---|---|---|
| Who applies | Both spouses together | One spouse alone |
| Ex needs to sign? | Yes | No |
| Service on the other spouse | Not required | Required |
| When it suits | You both cooperate | Your ex refuses, ignores you or cannot be found |
Source: FCFCOA: Serving divorce documents. If your ex will not sign a joint application, a sole application is the usual path.
Divorce is only one part of separating. Want help discussing parenting or property arrangements? Ask Mediations Australia whether mediation is suitable for your situation.
Ask about mediation →Which situation are you in?
| Your ex... | What usually happens next |
|---|---|
| Will sign the acknowledgment if you post it | Serve by post; they sign and return the Acknowledgment of Service |
| Has a lawyer | Serve the lawyer, but only if the lawyer confirms in writing they will accept service |
| Ignores the post or will not sign | Arrange service by hand through someone over 18 |
| Refuses to take the papers or to confirm who they are | The server records what happened; an Affidavit proving signature may be needed |
| Cannot be found or keeps avoiding service | Apply for substituted service or dispensation of service |
| Is overseas | Serve at least 42 days before the hearing; special rules may apply |
Serving the papers: methods and deadlines
Service is the formal process of giving your spouse the divorce documents in a way the Court accepts, and then proving it.
| Where your spouse is | Serve at least |
|---|---|
| In Australia | 28 days before the hearing |
| Overseas | 42 days before the hearing |
Source: FCFCOA: Serving divorce documents. The Court's guidance is to use postal service only if you are confident your spouse will sign and return the acknowledgment. If they will not, go straight to service by hand rather than losing time.
Service by hand, step by step
- Choose a server. Someone over 18: a friend, family member or professional process server. You cannot serve the documents yourself.
- Give them the full set of documents from the Court's divorce service kit.
- The server hands the documents to your spouse and asks them to sign the acknowledgment. Your spouse does not have to sign it.
- The server completes an Affidavit of Service by Hand describing how the documents were served.
- If the server did not know your spouse, you may also need an FCFCOA: Affidavit proving signature (divorce) confirming the signature or identity.
- File the proof of service before the hearing.
A spouse who will not take the papers creates a practical problem, not a legal block. A professional process server deals with this regularly and knows what to record.
Want help discussing parenting or property arrangements? Ask Mediations Australia whether mediation is suitable for your situation.
Ask about mediation →If you cannot find or serve your ex
If you have made all reasonable attempts and still cannot serve your spouse, the Court explains two options (FCFCOA: Trouble serving divorce documents):
| Option | What it means |
|---|---|
| Substituted service | The Court allows service another way, for example on a third person the Court is satisfied will bring the documents to your spouse's attention |
| Dispensation of service | The Court waives the requirement to serve, if satisfied you have made all reasonable attempts to find your spouse. It is a serious step and requires substantial evidence |
Both need an Application in a Proceeding and an affidavit explaining every step you took to find your spouse: enquiries made, when you last had contact, last known address, and so on. These applications are usually listed at the same time as the divorce hearing, and you should attend. The Court recommends legal advice first. Do not assume an email or social media message counts as service without the Court's permission.
What your ex can and cannot do
Signing the acknowledgment does not mean your spouse agrees to the divorce (FCFCOA: I have been served with a divorce application). If they want to oppose it, they must:
- file and serve a Response to Divorce within 28 days of being served in Australia, or 42 days if served overseas; and
- attend the hearing, or the Court may treat the application as undefended.
The Court notes there are limited grounds for opposing a divorce, and a respondent should get legal advice. If granted, a divorce becomes final one month and one day after the order, unless the Court orders otherwise.
Forms, fees and timeline
| Item | Detail |
|---|---|
| Application for Divorce | Filed through the Commonwealth Courts Portal |
| Filing fee | $1,170, or $390 reduced fee if eligible (from 1 July 2026) |
| Acknowledgment of Service | Signed by your spouse (post) or their lawyer |
| Affidavit of Service by Hand | Completed by the person who served the documents |
| Affidavit proving signature | If the server could not identify your spouse |
| Application in a Proceeding + affidavit | For substituted service or dispensation |
| Response to Divorce | Filed by your spouse only if they oppose or dispute facts |
| Divorce becomes final | One month and one day after the order |
Fees source: FCFCOA fee schedule. Fees are indexed and change, usually on 1 July, so check the current list before filing.
Separated under one roof, overseas and safety
If you were separated but living in the same home for part of the 12 months, you need to support your application with an affidavit explaining the separation (FCFCOA: Separated under one roof). The Court has special requirements where your spouse is overseas, in prison or has a legal incapacity. If contacting your spouse raises safety concerns, get legal advice before arranging service and protect your own contact details. In an emergency call 000; for confidential support contact 1800RESPECT on 1800 737 732.
Want help discussing parenting or property arrangements? Ask Mediations Australia whether mediation is suitable for your situation.
Ask about mediation →Divorce is separate from property and parenting
A divorce ends the marriage. It does not divide property or set parenting arrangements. Often an ex refuses to sign because those bigger issues are unresolved. Two points matter:
- Financial applications should generally be made within 12 months of the divorce becoming final, so do not let property drift.
- Mediation cannot grant a divorce, but it is often the fastest way to resolve the children and property issues that sit behind the standoff.
See our step-by-step divorce guide and the property settlement mediation guide.
This guide is general information about federal family law in Australia (Western Australia has its own Family Court and forms). It is not legal advice. Mediations Australia does not prepare or file court documents. Get independent legal advice about your own circumstances.