Can I Deny a Divorce in Australia? Understanding Your Options

June 7, 2023    divorcelawyersperthwa
Can I Deny a Divorce in Australia? Understanding Your Options

It can be emotionally challenging for anyone going through a divorce. In Australia, the legal procedure of divorce and separation can appear overwhelming, leading many people to consider they have the option to deny a divorce.

We will discuss divorce denial and shed light on the separation and divorce. Whether considering divorce, going through a separation, or just looking for details, understanding your options is crucial to make informed choices for your future.

Understanding the Divorce Process in Australia 

In Australia, divorce proceedings are governed based on the Family Law Act 1975. According to this law, the most effective ground for divorce is a 12-month separation length. If there is any probability of reconciliation between the parties, it is considered the court’s main priority. This legislation allows married couples to end their marriage because it has irretrievably broken down legally.

It is crucial to know that denying a divorce is not very common because the legal system usually respects an individual’s decision to end their marriage.

This process includes a period of time of 12 months when the couple stays separated from each other. However, it is worth mentioning that separation only sometimes means living in separate households. Couples can be considered separated even while living under the same roof as long as they can show that their relationship has broken beyond repair.

Limited Circumstances of Denying a Divorce

In Australia, the legislation usually follows No Fault Divorce and doesn’t ask for the reason of divorce. Divorce can be filed in two ways sole application filing and joint application for filing. If the still-married couple has filed a joint application for divorce that means they both have taken the decision together. But in case of sole application filing if the divorce is opposed by the other partner then he/she must file a Response To Divorce.

Some  situations in which you will be capable of denying a divorce:

  • Failure to Meet the 12-Month Separation Requirement: If it is observed that during the 12-month separation, you and your partner failed to stay separated and eventually got together, this can provide valid grounds to consider a failure to meet the separation. Both of you can be considered to have the possibility of reconciliation, and thus, you can deny your divorce based on the breach of this clause.
  • Lack of Jurisdiction: You can also deny your divorce application on the basis that the court which was handling your divorce case was found to have no jurisdiction over the process anymore.

If the reason for denying the divorce is different from the above stated reasons then you must have to file a 3A Response To Divorce Form and appear in person in court on the hearing date and state the reasons why do you don’t want this divorce.

Seeking Legal Advice and Representation 

Contesting or denying a divorce in Australia is a complex legal process that calls for good-sized proof and expert legal assistance. Finding guidance from skilled divorce separation lawyers focusing on family law is essential to understanding your options and correctly navigating the legal procedures.

Contact and discuss with our Separation lawyers Perth as fast as possible if you are in a situation or considering denying your divorce. We will help you in the investigation of your case’s unique situations, compare your evidence, and provide the necessary guidance to direct you toward the right course of action. Our lawyers will help you collect the necessary evidence, put your case together, and represent you in the courtroom if required.

We will work intently with you throughout the legal process to understand your objectives, interests and formulate a solid legal strategy and will protect your rights and advocate for your interests fully, considering the best possible outcome for you and anyone concerned.

The Role of Separation Lawyers 

Engaging the services of a professional separation lawyer is essential in case you’re going through a divorce or thinking about separation. Experienced separation lawyers Perth can offer meaningful, much-required legal solutions tailored to your scenario. They can help you navigate the complexities of divorce cases, making sure that your rights and interests are covered and protected throughout the procedure.

Divorce Lawyers in Perth 

Divorce lawyers Perth play an essential role in facilitating the divorce procedure. They have an enormous understanding of family law and can provide expert help when filing divorce applications, negotiating settlements, and representing clients in court, if necessary.

A true divorce lawyer understands the sensitivity of the situation and strives to obtain fair and amicable resolutions, particularly concerning children or significant properties.


While it’s usually not common to deny a divorce in Australia, there are few instances where it is possible. Still, it is very important that you remember these situations are exceptional and require strong evidence and expert legal assistance.

Suppose you discover yourself in a situation where you find legitimate grounds to contest or deny a divorce. In that case, it’s crucial to seek advice from experienced divorce separation lawyers who can offer you essential advice and representation during legal proceedings. Remember, divorce is a complicated and emotional journey, and having suitable legal representation could make a big difference in accomplishing the best resolution.

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