The divorce process may still be possible even if your spouse does not agree to participate. In Australia, this is known as a sole divorce application. A sole application means one spouse completes and files the application. It does not necessarily mean the other spouse can stop the divorce. However, the process includes extra steps, particularly making sure your spouse receives the application correctly and has an opportunity to respond.

Understanding the sole divorce process before filing can help you avoid common mistakes that delay your application. This guide explains the steps required under Australian divorce law and when professional advice may be needed.

What is a sole divorce application?

A sole divorce application is filed by one person in the marriage. The person who files is the applicant, while the other spouse is the respondent.

This is different from a joint application, where both spouses complete and submit the application together.

People may choose a sole application when:

• their spouse does not agree to apply jointly
• their spouse will not communicate with them
• they want to begin the divorce process themselves
• they are separated and ready to take the next step, even though the other person is not cooperating

The divorce itself is separate from arrangements about property, finances, parenting, and child support. Applying for a divorce does not automatically resolve those issues.

Can I apply for divorce alone in Australia?

Generally, yes, if you meet the legal requirements for divorce in Australia.

Australia has a no-fault divorce system. This means the court does not generally decide who was responsible for the marriage ending. The main basis for divorce is that the marriage has broken down irretrievably, demonstrated by separation for at least 12 months and 1 day.

You may still be separated if you have lived in the same home, but proving separation under one roof can require additional information and evidence. If this applies to you, obtain advice before filing so you understand what the court may need.

You will also generally need to establish an appropriate connection with Australia, such as being an Australian citizen, being ordinarily resident in Australia, or having lived in Australia for the required period.

What do I need before I apply?

Before starting your application, gather the information you are likely to need, including:

• your marriage certificate
• your spouse’s full name and current address, if known
• dates and places relevant to your marriage and separation
• information about any children under 18
• details of any periods when you separated and later resumed living together
• information about your Australian citizenship, residence, or domicile
• details of any previous divorce or court proceedings, if relevant

If your marriage certificate is not in English, you may need an approved translation and supporting translator documentation.

It is also worth checking that your name and your spouse’s name are entered consistently. Small differences between documents can create delays or require further explanation.

How to make a sole divorce application

1. Check that you are eligible

Confirm that you have been separated for at least 12 months and 1 day, and that you meet the relevant Australian connection requirements.

If there are unusual circumstances – such as separation under one roof, reconciliation after separation, an overseas marriage certificate, or difficulty proving your spouse’s whereabouts – get advice before submitting the application.

2. Complete the online application

Divorce applications are generally lodged electronically through the Commonwealth Courts Portal. The same general application process is used for sole and joint applications, but a sole applicant has additional service responsibilities.

Answer every question carefully and keep copies of the information you submit. Review dates, addresses, names, and children’s details before filing.

3. File the application and pay the filing fee

After completing the application, file it through the online court portal and pay the applicable filing fee, unless you qualify for a reduced fee or exemption. Fees can change, so check the current amount at the time you apply.

The court will allocate a hearing date when a hearing is required. Keep the sealed documents and any court notices in a safe place.

4. Serve your spouse

For a sole application, you must usually arrange for your spouse to be formally served with the filed application and related documents. In general, you should not serve the documents yourself.

Service gives your spouse notice of the application and information about the hearing. The exact requirements can depend on your circumstances, including whether your spouse is in Australia, overseas, or cannot be located.

Do not leave service until the last minute. If your spouse cannot be found or refuses to accept the documents, you may need to ask the court for different arrangements, such as substituted service or dispensation of service.

5. File proof of service

After the documents have been served, the court will generally require proof that service occurred. This may include an affidavit of service and other supporting documents.

Check the court’s instructions carefully. If service is incomplete or the paperwork is missing, the hearing may be delayed.

6. Attend the hearing if required

A sole application may require attendance at a hearing, particularly where there are children under 18 or where the application raises an issue the court needs to consider.

The court may ask questions about service, separation, and arrangements for children. Read all notices carefully so you know whether you need to attend in person or remotely and what documents you must bring.

What if my spouse does not respond?

Your spouse does not usually have to agree to the divorce for the application to continue. However, they must generally be served properly and given the opportunity to respond.

If they do not respond after being served, the court may still consider the application. That does not mean you should ignore any documents they file or any court directions you receive.

If you cannot locate your spouse, do not simply proceed as if service is unnecessary. Explain the situation to the court and follow the process for requesting alternative arrangements.

What happens after the divorce is granted?

If the court makes a divorce order, it generally becomes final one month and one day after it is made, unless the court orders otherwise.

Once the divorce is final, keep the divorce order with your important records. If you intend to remarry, check that the order is final before setting a wedding date.

Divorce and property or financial claims are separate matters. Time limits may apply to some applications after a divorce becomes final, so do not assume that filing for divorce protects your position in a property dispute.

Common mistakes to avoid

• Applying before the 12-month separation period is complete.
• Entering incorrect dates or names.
• Forgetting to include information about children under 18.
• Serving the application yourself when formal service is required.
• Waiting too long to arrange service.
• Assuming that a spouse’s lack of cooperation automatically stops the process.
• Treating the divorce application as a property or parenting agreement.
• Missing a court deadline or hearing notice.
• Assuming that information from an old application is still current.

FAQs

Do I need my spouse’s permission?

No. A sole application is designed for situations where one spouse starts the process. Your spouse must generally be notified properly, but their agreement is not usually required.

Can I apply if we still live in the same house?

Possibly. Separation under one roof can be legally recognised, but you may need to provide more information about how your lives have separated. Consider getting advice before applying.

Does divorce decide who gets the house?

No. Divorce, property settlement, parenting arrangements, and child support are separate issues.

What if I do not know where my spouse lives?

Tell the court about the steps you have taken to locate your spouse. You may need to apply for an alternative service arrangement or ask the court to dispense with service.

How long does a sole divorce application take?

The timing depends on the court’s available hearing dates, whether the application is complete, how quickly service is completed, and whether any issue needs further evidence. Build in extra time if service is difficult or if you are applying after separation under one roof.

Final checklist

Before filing, make sure you have:

• confirmed the 12 month and 1 day separation requirement
• gathered your marriage certificate and supporting documents
• checked your names, dates, and addresses
• prepared accurate details about children under 18
• checked the current filing fee and any reduced-fee requirements
• planned how the application will be served
• read the court’s current instructions about the hearing

A sole divorce application can feel intimidating, but breaking it into eligibility, filing, service, and hearing steps makes the process easier to understand. If your situation involves safety concerns, disputed children’s arrangements, property issues, an overseas spouse, or separation under one roof, consider getting tailored legal advice before you file.

Final Words

Ready to take the next step? Check the current divorce requirements through the Federal Circuit and Family Court of Australia, gather your documents, and make a checklist for service and hearing deadlines. If your circumstances are complicated, speak with a qualified Australian family-law professional before submitting your sole divorce application.