In this guide(12 sections)
If you're reading this, you've probably reached the point where the marriage is over — but your spouse won't sign anything, won't answer your messages, or you simply don't want to ask them for anything more. That is a heavy place to be. The good news: in Australia you don't need your spouse's agreement or cooperation to get divorced. The law is "no-fault", and one person can apply alone. Below is how a sole application works, in plain English. You don't have to work it out alone — fill in the enquiry form and Elisa will call you back. The first 30 minutes are free.
This guide is general information, not legal advice for your situation.
At a glance — sole divorce applications
| What it is | A divorce application made by one spouse, without the other joining in |
| The law | Family Law Act 1975 (Cth) — the single ground is irretrievable breakdown (s 48) |
| Proving the breakdown | You have been separated for at least 12 months (s 48(2)), and there's no reasonable likelihood of getting back together |
| Separated under the same roof? | Still possible — it's a question of fact (s 49(2)) |
| Married under 2 years? | You must generally file a counselling certificate, or get the court's permission (s 44(1B)) |
| Where you apply | Federal Circuit and Family Court of Australia (Division 2), online via the Commonwealth Courts Portal |
| Serving your spouse | Required — at least 28 days before the hearing if they're in Australia (42 days if overseas) |
| Children under 18 | The court must be satisfied proper arrangements are in place (s 55A) |
| When it takes effect | One month and one day after the divorce order is made (s 55) |
| Indicative cost with us | Typically from $1,500 fixed fee, plus the court filing fee (currently $1,125, or $375 with a concession) |
| First consultation | Free, 30 minutes, confidential |
Can I get divorced without my spouse's agreement?
Yes — under section 48 of the Family Law Act 1975 (Cth) the only ground for divorce is that the marriage has broken down irretrievably, and you can apply as a sole applicant without your spouse's consent. Your spouse can't block a divorce by refusing to sign, ignoring the papers or disagreeing that the marriage is over.
Your spouse has the right to be told and to respond, which is why the court insists on proper service — but their cooperation is not required.
A divorce only ends the marriage; it doesn't divide property or decide parenting arrangements. Our guide on divorce vs consent orders vs a financial agreement explains how the pieces fit together.
The first 30 minutes are free, with no obligation. Book a free consultation → · or speak to Eliana, our assistant, any time on 03 4328 5084 — she'll get your matter to Elisa quickly.
What do I need to show to apply on my own?
You need to show the marriage has broken down irretrievably, which the court accepts if you've been separated for at least 12 months and there's no reasonable likelihood of reconciliation (s 48(2) of the Family Law Act 1975). You also need to be eligible to apply in Australia — broadly, because either of you regards Australia as your home, is an Australian citizen, or has lived here for the past year.
You'll also need your marriage certificate (with a certified translation if it isn't in English). Short periods of getting back together don't necessarily restart the 12 months (s 50), and if you were married for less than two years you must generally file a counselling certificate or get the court's permission (s 44(1B)).
If you're not sure when you separated, or whether you've separated "under one roof", that's worth talking through. See our guide on separation under one roof for how that works.
How does a sole application work, step by step?
A sole divorce application is filed online through the Commonwealth Courts Portal, then served on your spouse, and the court makes the divorce order at a hearing if everything is in order. In general terms:
- Check you qualify. Twelve months' separation, eligibility to apply in Australia, and the two-year rule if it applies.
- Prepare and file the application. You complete the application for divorce online, attach your marriage certificate and pay the filing fee.
- The court seals it and gives you a hearing date. You'll receive a sealed copy and a date.
- Serve your spouse. You can't serve it yourself — someone else must do it (more on that below).
- Prove service. You file an Acknowledgment of Service or an Affidavit of Service.
- The hearing. Often held by video; whether you attend depends on your circumstances.
- The divorce order takes effect one month and one day after it's made.
A missed deadline usually means a new hearing date rather than a refusal. For the wider process, see our detailed guide to how to file for divorce in Australia, and for timeframes, how long divorce takes.
How do I serve my spouse, and what if they won't cooperate?
With a sole application you must serve your spouse so that they receive it at least 28 days before the hearing if they're in Australia (42 days if they're overseas), and you can't do the serving yourself. Another adult can hand the papers over, or they can be posted with an acknowledgment your spouse signs and returns. A professional process server is a common choice where things are tense.
If your spouse ignores the papers, the divorce can still go ahead once the court is satisfied they were properly served.
We have a full guide to serving divorce papers in Australia that walks through the options and the proof the court needs.
What if I can't find my spouse?
If you genuinely can't find your spouse, you can ask the court for substituted service (serving them another way likely to reach them) or, as a last resort, dispensation of service (permission to proceed without serving them), under the Family Law Rules 2021. The court expects to see honest, reasonable efforts to locate them first.
Keep a dated record of every attempt (last known address, family, friends, a former employer, social media), because you'll set them out in an affidavit. Not knowing where your spouse is does not trap you in a marriage — it adds a step and a little time.
Do I have to go to court for a sole application?
You'll generally need to attend the divorce hearing only if you're a sole applicant and there is a child of the marriage under 18, because the court must be satisfied under section 55A that proper arrangements have been made for the child's care, welfare and development. Otherwise you often don't need to appear.
Hearings are short and procedural, and many are online. Nobody has to prove fault — the court checks the paperwork, the separation, service and any children's arrangements.
If children are involved, our children's issues page explains how parenting arrangements are made separately from the divorce.
Not sure whether you need to attend? That's exactly what the free first call is for. Book a free 30-minute call → · or reach Eliana any time on 03 4328 5084
Can my spouse contest or delay a sole divorce?
Your spouse can file a response, but because Australian divorce is no-fault, they can't stop it by arguing about who caused the breakdown — they can only dispute limited matters such as jurisdiction, the validity of the marriage, or the 12 months' separation. In practice, most sole applications are not opposed.
Delay is more common than opposition. A divorce doesn't extinguish either spouse's right to a property settlement or parenting orders, and there are time limits for property claims after a divorce takes effect — 12 months for married couples under the Family Law Act — so it's wise to get advice on property before, or soon after, the divorce order is made. Our guide on how property is divided in a divorce is a good place to start.
What does a sole divorce application cost?
The court filing fee is set by the Federal Circuit and Family Court and is currently $1,125 (or $375 with a concession), and at Fogarty Oliver Rothschild our fixed legal fee for preparing a divorce application is typically from $1,500. That price is indicative: it comes with a free 30-minute consultation, and Elisa confirms your price in writing after it, before any work begins.
Court fees change, so the amounts above are a guide only. You can apply yourself if you're comfortable — our guide on whether you need a lawyer to divorce is honest about when that makes sense. For a fuller picture, see how much a divorce costs in Australia and our fixed-fee packages.
How we make it easy: (1) a free, unhurried first call · (2) your fee confirmed in writing · (3) Elisa prepares and files your application · (4) she keeps you on track for service and the hearing · (5) she stays with you through to the divorce order — no hand-offs, no surprises.
What happens when you call us: Eliana takes a few details and passes them to Elisa, who calls you back. She'll ask when you separated, whether there are children, and where your spouse is, explain your options in plain language, and talk through the price.
What goes wrong with sole divorce applications?
These are common situations that come up with sole applications — described generally, not as any particular client's matter:
Applying too early. Someone files at around 10 months because the relationship "feels over". The application can't succeed until the 12 months' separation is established, and the filing fee has been spent.
Serving yourself. An applicant hands the documents to their spouse directly, assuming that counts. It doesn't — the court won't accept service by the applicant, and the hearing may need to be rescheduled.
Forgetting property. The divorce goes through smoothly, but no one thought about property settlement. A year later, the time limit has passed and the other spouse needs the court's permission to proceed.
None of these mean a sole application is hard — only that a few minutes of advice at the start can save weeks later.
Frequently asked questions
Can I get a divorce in Australia without my spouse agreeing?
Yes. Australia has no-fault divorce under section 48 of the Family Law Act 1975 (Cth), so you can apply as a sole applicant without your spouse's consent. They must be served and can respond, but they can't stop the divorce by refusing to agree.
How long do I need to be separated before I can apply?
At least 12 months, and there must be no reasonable likelihood of getting back together. You can be separated while living under the same roof, but the circumstances then need to be set out carefully in an affidavit.
What if I don't know where my spouse is?
You can apply for substituted service or dispensation of service, supported by an affidavit showing the reasonable efforts you made to find them. The court sees these applications regularly.
Do I have to attend the divorce hearing?
Generally only if you applied alone and there is a child of the marriage under 18. Otherwise you usually don't need to attend, and many hearings are held online.
How much does a sole divorce application cost?
The court filing fee is currently $1,125 (or $375 with a concession), and our fixed fee is typically from $1,500, with a free 30-minute consultation first and your price confirmed in writing after it.
Feeling unsure? That's exactly what Elisa is here for
Ending a marriage when your spouse isn't on the same page is a lonely thing to do. Elisa will listen, explain where you stand in plain language, and help you take the next step calmly — with the fee agreed in writing up front.
The first 30 minutes are free.
📧 info@fogartyoliverandrothschild.com.au
🌐 Fill in the enquiry form and Elisa will call you back →
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Written and reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Family and property law in Melbourne since 2012.Last reviewed 8 November 2026.
This guide is general information about Australian family law, not legal advice for your specific situation. For advice on your matter, book a free 30-minute consultation.