What Happens If Your Spouse Won’t Sign the Divorce Papers

What Happens If Your Spouse Won’t Sign the Divorce Papers

Divorce is a relatively simple process in Australia. While it can be slightly complicated if your spouse refuses to sign the papers, you can easily hire a divorce lawyer to help you through this process. Bickell and Mackenzie’s team of lawyers specialises in the Australian divorce process, and our legal team is happy to answer any questions you might have.

When Filing for Divorce 

In Australia, you need to get a yes from both spouses. Australian law is fairly clear and straightforward on this topic, and most of the time, you can get your divorce papers signed amicably or by negotiation. However, if you can’t get your spouse to sign the divorce papers, a few options are at your disposal: The first is to wait for your spouse to sign the divorce papers, which is usually possible if you can prove that your spouse is not going to refuse to sign the divorce papers forever. 

If your spouse refuses to sign, you should file for divorce in the state you live in. You need to show that your spouse has been absent from the family home for five years or more before you can get a divorce. If your spouse is not living with you, you need to prove that they will not be residing with you soon.

When the Spouse Opposes the Divorce 

In Australia, when your spouse opposes the divorce, and they refuse to sign the divorce papers, you need to hope that your spouse’s opposition is not too violent. If your spouse is violent, go to your local police station and get a protection order. If your spouse’s opposition is not violent, then the only thing you can do is to wait for your spouse to sign the papers.

If your spouse refuses to sign the papers, you need to wait for five years. Most of the time, your spouse will not refuse to sign for five years, especially if they haven’t opposed or been violent.

When the Spouse Refuses to Cooperate 

If your spouse refuses to cooperate, you can file for a divorce in the state in which you live. You need to prove that you have been separated from your spouse for five years and that you and your spouse have no chance of reconciling. As long as your spouse is not violent, the judge will probably agree to let you move ahead with your divorce.

If your spouse is violent, you need to get a protection order. If your spouse is violent, then the court will have no choice but to grant you a divorce if you can prove that your spouse will not change their mind.

Hiring a Lawyer to Get a Divorce

If your spouse has been violent or mentally unstable, you need to hire a lawyer. The lawyer will help you get a protection order. A lawyer is also a smart choice if it has been more than five years since you and your spouse separated.

It is always a smart idea to hire a lawyer when it comes to divorce. Even if you and your spouse can agree, you should still hire a lawyer to ensure that the terms of the agreement are carried out. Your lawyer will help you with the paperwork, and you will not have to worry about anything.

Bickell and Mackenzie is a well known family-owned law firm within the Redlands area. It specialises in conveyancing for buying and selling houses, commercial businesses and retirement homes, wills and estates administration and family law. If you need a lawyer specialising in divorce lawyers in Redland Bay, phone our office at (07) 3206 8700.

You May Also Like…

Do I Need a Lawyer?

Do I Need a Lawyer?

I’m getting divorced – do I really need a lawyer? Legally, you don’t have to engage a lawyer to help you deal with a...

Latest News

Contesting a Will

Contesting a Will

The death of someone we care about is a sad and stressful time. And if anyone is unhappy about the contents of the Will, it...

read more

About Us

Bickell & Mackenzie provides legal solutions to clients within Brisbane Bayside, Redland Bay and surrounding areas.

We pride ourselves on delivering a high level of confidentiality, professionalism, and expertise across multiple jurisdictions.

Talk to your local experts by contacting the office today.

Contact our friendly staff to arrange an appointment with one of our experienced lawyers for a tailored solution.

Address:
Redland Bay Village Shopping Centre, Level 1, 37/133 Broadwater Terrace, Redland Bay