In Australia, divorce is not a decision made lightly. However, you do not need the cooperation and consent of your spouse to obtain a divorce.

Australian law requires that a responding party must be aware of the divorce proceedings, and that the successfully filed application must be sent to them via the legal and prescribed way.However, just because a responding party does not consent or agree to the divorce, does not mean the application will be unsuccessful.

However, before this application can be filed, the party applying for the divorce must follow a very strict set of requirements, such a residency and minimum separation period requirements. If the requirement are not met, then the divorce application may fail.

Interestingly, if a divorce application is not sent to the responding party in the required legal way, then it may also be a ground on which the divorce application may fail. The process can be time consuming and expensive, so it is always better to seek legal advice before you apply for divorce so you can make sure you are making an informed decision.