Can A Spouse Oppose A Divorce In Victoria?





Can a Spouse Oppose a Divorce in Victoria?


Can a Spouse Oppose a Divorce in Victoria?

Professional Introduction (First Person)
In my work as a family law professional, one of the most emotionally charged questions people ask me is: “Can my spouse oppose the divorce?” Often, they’re anxious because their partner is threatening to fight the divorce, saying things like “I won’t let you leave” or “I’ll stop the divorce in court.” Other times, a client is the one who doesn’t want the marriage to end and hopes that opposing the divorce will somehow save the relationship.
In conversations like these, I always explain the same core truth: In Victoria, a spouse can oppose a divorce — but only on extremely limited legal grounds. The Court does not weigh emotional objections, personal beliefs, or relationship history. Divorce in Australia is based on a no-fault system, which means that the Court is only interested in whether the marriage has broken down irretrievably and whether the legal requirements are met.
This article explains the circumstances in which a spouse can legitimately oppose a divorce, how the process works, what the Court considers, and what you can do if you’re facing opposition. Whether you’re the one filing for divorce or the one who doesn’t want it, understanding the law can help reduce stress and provide clarity in what is often a very difficult time.

Table of Contents

1. Can a Spouse Oppose a Divorce in Victoria?

Yes — but only in rare and very specific legal situations.

A spouse can file a Response to Divorce form to oppose the application, but the Court will only consider the opposition if it falls within the narrow legal grounds allowed under the Family Law Act 1975.

The Court does not consider emotional reasons, religious objections, or a spouse’s desire to stay married as valid grounds to block a divorce.

2. The ONLY Legal Grounds to Oppose a Divorce

There are only two legitimate reasons the Court will accept:

1. The Court does not have jurisdiction.

This applies if:

  • neither spouse is an Australian citizen, or
  • neither spouse is domiciled in Australia, or
  • neither spouse has lived in Australia for at least 12 months before filing.

2. The parties have not been separated for at least 12 months and 1 day.

This is the most common (and often the only) viable ground for opposition.

A spouse may argue:

  • the separation period is shorter than claimed
  • there was reconciliation during the 12-month period
  • separation under one roof cannot be proven

3. Reasons That Cannot Oppose a Divorce

Your spouse cannot block or delay the divorce because they:

  • do not want the marriage to end
  • believe in marriage for life
  • want reconciliation
  • feel hurt, angry or betrayed
  • are trying to punish you
  • want more time
  • believe property settlement should come first
  • are influenced by cultural or religious beliefs

The law is firm: no one can be forced to stay married in Australia.

4. How a Spouse Can Formally Oppose the Divorce

A spouse who wants to oppose the divorce must file a Response to Divorce with the Court within the required timeframe.

This document must:

  • clearly outline the grounds for opposition
  • provide supporting evidence
  • be served on the applicant

If filed late, the opposing spouse needs special permission from the Court.

5. What Happens After an Opposition Is Filed?

The Court usually schedules a hearing where both parties may attend. The opposing spouse must present evidence supporting their claimed ground for opposition.

The Court will then decide whether:

  • the opposition has legal merit, or
  • the divorce should proceed as normal.

In most cases, the divorce goes ahead because the grounds for opposition are not met.

6. The 12-Month Separation Requirement

To obtain a divorce, the couple must have been separated for at least 12 months and 1 day.

If the opposing spouse claims that separation did not occur or that the couple resumed the relationship temporarily, the Court may require evidence, such as:

  • financial separation
  • living arrangements
  • text messages or emails
  • witness statements

Temporary reconciliation of up to 3 months is allowed without restarting the 12-month period.

7. Opposing Divorce When Living Under One Roof

Couples can be legally separated even when living in the same home. This is called “separation under one roof.”

A spouse may challenge this by arguing that the couple:

  • continued to share meals
  • shared a bedroom
  • continued a sexual relationship
  • behaved publicly as a couple

The applicant can respond with evidence showing separation despite living arrangements.

8. Opposing Divorce Based on Jurisdiction

This ground is rare. The Court must have jurisdiction, which requires at least one of the following:

  • Australian citizenship
  • domicile in Australia
  • 12 months of residence before filing

If the opposing spouse proves none of these apply, the divorce may be dismissed — but this situation is extremely uncommon.

9. Can Opposition Delay the Divorce?

Yes, it may delay the process slightly — but only temporarily.

If the Court finds the opposition is not valid, the divorce will proceed at the next available hearing.

10. What if the Opposing Spouse Doesn’t Attend Court?

If they file an opposition but fail to attend the hearing, the Court will generally dismiss the opposition and grant the divorce.

11. Can Avoiding Service Be Used to Oppose Divorce?

No.

If a spouse refuses to be served, you can apply for:

  • substituted service
  • dispensation of service

The Court does not allow avoidance tactics to block divorce proceedings.

12. Does Opposition Affect Property Settlement?

No. Divorce and property settlement are separate legal processes.

A spouse cannot use opposition to gain leverage in financial negotiations.

13. Does Opposition Affect Parenting Arrangements?

No.

The Court looks at children’s arrangements separately from the divorce application.

14. What If a Spouse Opposes Divorce for Religious Reasons?

Emotional, cultural or religious reasons are not recognised under the Family Law Act as grounds to block a divorce.

A judge may acknowledge the emotional significance, but the divorce will still proceed if the legal requirements are met.

15. What If One Spouse Wants Reconciliation?

Wanting reconciliation does not legally block the divorce.

The Court may ask whether reconciliation counselling was attempted, but the spouse’s desire to remain married cannot prevent divorce.

16. Opposition as a Form of Control or Abuse

Sadly, some spouses oppose divorce as a tactic of coercive control or emotional abuse. They may:

  • threaten to ruin the process
  • use religion or culture to pressure the other spouse
  • withhold documents
  • refuse to communicate

The Court recognises this behaviour and will not allow it to prevent divorce.

17. What to Do If Your Spouse Opposes the Divorce

  • Submit strong evidence of separation
  • File affidavits if needed
  • Attend the Court hearing
  • Respond calmly and legally, not emotionally
  • Seek legal advice early

Opposition can be worrying, but most cases resolve quickly because the grounds for opposition simply don’t hold up in law.

18. Final Thoughts

The idea of a spouse opposing your divorce can be emotionally painful and stressful — but in Victoria, and throughout Australia, the law is very clear. A spouse cannot stop a divorce simply because they don’t want it to happen. They can only oppose the divorce in extremely narrow circumstances, and unless those grounds are valid and proven, the divorce proceeds.

If your spouse is threatening to oppose your divorce, or if you’re unsure how to respond to a formal opposition, the experienced team at Call A Family Lawyer can guide you through each step, help you understand your rights, prepare the correct documents, and ensure the divorce moves forward smoothly.