Divorce is a difficult process for all parties involved. In Australia, the process of getting a divorce is regulated by the Family Law Act 1975. In order to obtain a divorce, both parties must agree to the decision and sign the necessary paperwork. But what happens if one party refuses to sign the divorce papers?
Divorce in Australia
In Australia, the Family Law Act 1975 is the governing legislation for divorce proceedings. According to the act, couples must be separated for a period of at least 12 months before they can file for divorce. If a couple has been separated for 12 months or more, then they can apply for a divorce without the consent of the other party.
Requirements for Signing Off
In order for a divorce to be granted without the signature of the other party, the applicant must prove that they have made all reasonable attempts to contact their spouse in order to get them to sign the papers. This includes sending them a copy of the divorce application and giving them a reasonable amount of time to respond. If the other party still refuses to sign the papers, then the court will accept the application without their signature.
The court may also require the applicant to provide additional evidence to support their claim. This can include evidence of attempts to contact the other party, such as letters, emails, or text messages. The court may also require the applicant to provide evidence of their separation, such as bank statements, bills, or other documents.
Getting a divorce without the other party’s signature is possible in Australia. However, it is important to note that the court will require evidence that the applicant has made all reasonable attempts to contact the other party and that the couple has been separated for at least 12 months. If the court is satisfied with the evidence presented, then a divorce can be granted without the other party’s signature.