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Can My Spouse Refuse To Obtain A Divorce?

A divorce exclusively refers to the ending of the marriage agreement and does not cover division of finances, property settlement, or children’s arrangements. refusing a divorce

How do I get a divorce?

The parties apply for a divorce by making an application to the Federal Circuit and Family Court of Australia. In order to make an application, the parties must meet a specific eligibility criteria:

     1.       Either you or your spouse must:

a.       regard Australia as your home and intend to live in Australia indefinitely;

b.       be an Australian citizen by birth, descent or a grant of Australian citizenship; or

c.       be an ordinarily live in Australia and have done so for 12 months before filing for divorce.

    2.       The marriage must be broken down, and there is no reasonable likelihood that you and your spouse will get back together; and

     3.       You have been separated for a continuous period of 12 months or more.

Making the Application for a Divorce

If you both agree to the divorce, the simplest way to apply is to make a joint application. One party will complete the application; both will sign and the documents can be filed. If one party does not agree to a divorce, but the above criteria have been met, do not worry because you can still obtain a divorce, making a sole application for a divorce. This means that you will complete the application, and then it must be served on your spouse.

Serving the Application for Divorce

If you make a sole application, you must serve the divorce documents on your spouse; this must be done by post or by hand. Service by post should only be done where you are sure that your spouse will sign the acknowledgement of service, which is attached to the divorce application.   You must not personally serve your spouse by hand. You must arrange for a person over 18 to serve to documents on your spouse. This could be a family member, friend, or professional process server.

What if you cannot serve your Application for Divorce

If your spouse cannot be located or is evading service, you should seek an additional order from the court to allow you to serve your spouse in another way or dispense the requirement to serve the documents. This can only be achieved once you have taken reasonable steps and attempted to serve your spouse by hand or by post. After the documents are served in another way or service is dispensed, the court will issue you a court hearing date for your divorce. At this court hearing date, the divorce will likely be granted. Your divorce will be effective one month and a day after the court hearing date. If you are having any trouble obtaining a divorce because your spouse is refusing, or you would prefer to make a sole application, we can assist you. At The Family Lawyer, our experienced divorce lawyers can work with you to resolve these issues and ensure that your divorce is made final. 

Author:

Kehsee Ng

Kehsee Ng

Family Lawyer

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I highly recommend Kristdel for any family related matters. She is super responsive and helpful professional in all your family related requirements. I know her and the Family Lawyer firm for a long period now. And they are good partners to work with. Highly recommend.
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Brianna and Christian have been very professional, thorough and made both me and my fathers experience very easy to understand. They provided the best advice and support to achieve a great result with our court matter. Brianna was very prompt in all responses and understood our circumstances which made the process very smooth. Thank you Brianna and team, we are very thankful for your caring approach. I would highly recommend your services to anyone.
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I would like to thank Kehsee and Kristdel from the Family Lawyers for working tirelessly for me on my separation matter. I came to them a pretty broken person from a previous solicitor. I had some ups and downs but they always dealt with me with grace and did an exceptional job. The rates they charge are very good. I would also like to give a massive thanks to Mr Matthew O'Grady (barrister and mediator). All the people previously mentioned worked really hard to give me a new start and just as importantly they are all quality people. Thank you.
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The settlement of our new office premises went so smoothly, with all documents done easy online, and it can be attended to when time permits. Highly responsive office and a very professional, but personalised service at the same time. Thank you for your work and your support.
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Katherine I.
Kristdel was amazing from the very beginning. I called very stressed and confused. Kristdel made me feel at ease from the get go & provided an unbelievable legal service, With amazing communication & care.
Adam R.
Adam R.
Christian and his team at The Family Lawyer have made our legal experience very easy. They are very understanding and patient team making what was a stressful experience a calm one as we progressed through it. If it wasn't for Christian and his knowledge we would have made some very costly mistakes, both financially and personally. I would recommend Christian and the team at The Family Lawyer to anyone seeking advice and looking to settle affairs. Their pricing was fair and the value we received exceeded our expectations.
Camilo M.
Camilo M.
Highly recommend and very professional. Christian was very responsive to my questions and is very knowledgeable in his field. I wouldn't hesitate to use their services again.
Amruth R.
Amruth R.
Friendly, professional and understanding staff. I was given great advice on what would be best to do in my situation and they handled it quickly, considered my wants/needs and made sure they were met and the whole process was stress-free. Couldn't be more thankful for the great service.
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