No, both parties do not need to agree to a divorce in Australia. Under the Family Law Act 1975 (Cth), Australia has a “no-fault” divorce system, meaning that the only requirement for divorce is that the marriage has irretrievably broken down, proven by 12 months of separation.

If one spouse refuses to agree to the divorce, the other can still apply as a sole applicant to the Federal Circuit and Family Court of Australia (FCFCOA).

What Happens if One Party Refuses to Divorce?

If one spouse does not agree to the divorce or does not respond, the court may still grant the divorce as long as:

✅ The applicant proves they have been separated for at least 12 months.
✅ The other spouse is properly served with divorce papers.
✅ The marriage has irretrievably broken down (there is no chance of reconciliation).

💡 If the other spouse ignores the application or refuses to participate, the court can grant a divorce in their absence.

What If There Are Children Under 18?

If the couple has children under 18, the court must be satisfied that proper arrangements have been made for their care, including:

👶 Who the child will live with.
📅 How much time they will spend with each parent.
💰 Child support and financial arrangements.
🎓 Education, health, and overall welfare.

If these arrangements are unclear or disputed, the court may delay the divorce until satisfactory arrangements are confirmed.

💡 Note: A divorce only legally ends the marriage—it does not automatically determine parenting arrangements or child support. These issues must be resolved separately through agreements, mediation, or court orders.

Does Divorce Affect Property Settlement?

No, divorce does not automatically affect property division. Under the Family Law Act, property settlements are separate from the divorce process.

⏳ Time Limits for Property Settlements:

• Married couples must apply for a property settlement within 12 months of the divorce being final.
• De facto couples must apply within 2 years of separation.

If no property settlement is made within these timeframes, court approval is required to proceed, which is not always granted.

💡 It is often recommended to finalise property settlements before filing for divorce to avoid legal complications.

Conclusion

• Both parties do not need to agree to a divorce—one person can apply as a sole applicant.
• If one party refuses or ignores the divorce application, the court can still grant it.
• If there are children under 18, the court must be satisfied that their care arrangements are suitable before granting the divorce.
• Divorce does not settle property or financial matters—separate legal action is required.