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 saysAustralian 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
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