What to do When Your Spouse Won’t Agree to a Divorce

Going through a divorce is tough, even when both spouses agree to end the marriage.

However, it is not unheard of for one partner to disagree or try to avoid signing paperwork that makes the divorce official.

Given that 48.8% of divorces in Western Australia involve children, it is important for a divorcing couple to maintain civility even if their relationship is beyond repair.

So what can you do when your ex-spouse is refusing to sign divorce papers?

What the law says

Australian Law has the principle of no-fault divorce. That means the Court does not consider why the marriage ended, only that the marriage has irretrievably broken down.

Your divorce application must satisfy a few requirements:

  • You have been separated for at least 12 months
  • There is no reasonable chance of repairing the marriage

It is not necessary for both partners to agree on getting divorced. Divorce applications can be filed with the Court as sole or joint submissions.

Keep in mind the Court will not issue a divorce order until is satisfied your ex knows about the application.

Can a divorce application be rejected?

A Perth divorce lawyer can help sole applicants going through a divorce to serve former partners with a copy of the application after it has been filed.

If they decide to formally object, there are only two grounds for doing so:

  • You have not been separated for 12 months
  • The Court does not have jurisdiction to grant a divorce

What happens next?

Going through a divorce is tumultuous, but as experienced Perth divorce lawyers we’re here to help.

After your divorce application is accepted the Court will set a hearing date. Sole applicants with children from the marriage under 18 must attend this hearing in person to demonstrate proper arrangements have been made for the children.

A divorce application will not sort out the details of property, child arrangements, or finances. It’s up to you and your lawyer to work with your ex-spouse’s lawyer if you cannot reach a mutual agreement alone.

If you’re going through a challenging divorce, Leach Legal can help. Our Perth divorce lawyers have helped thousands of couples reach a fair and, wherever possible, amicable conclusion to a marriage.

Schedule a free 15-minute consultation to discuss your options with our highly experienced team.

Talk to one of our lawyers

If you cannot find a suitable time for us to call you, please contact us and we will do our best to accommodate you. 

We understand these matters are sensitive and privacy is of the utmost importance. Please let us know a preferred time for one of our team members to gather some more information about your situation, complete a conflict check and organise a time for you to speak with one of our Lawyers.

Request a Call

Please fill in your details below and we will call you as soon as possible.