Divorce hearings normally occur before a registrar. If your application is properly prepared and all procedural rules have been complied with, including serving your application, the Registrar will usually be able to determine your application at the first hearing.
If the Registrar considers that something more needs to be done before your application is granted, including allowing the Respondent time to file material, or requiring you to put more evidence before the Court, then the application may be adjourned and instructions will be given about what you need to do next.
Do I have to attend the divorce hearing?
Attending the divorce hearing is only required if:
- the Applicant indicated they wish to attend in the application
- the Respondent has requested to attend the hearing where there are children under 18
- the Respondent files a Response to divorce opposing the application, or
- you are applying for an order for substituted service or a dispensation of service because you cannot find your spouse to serve the court documents.
It is advisable to attend your hearing if you are required to provide additional affidavit material to explain particular circumstances of your relationship which may impact the outcome of your application, such as if there has been a:
- period of separation under the same roof, or
- change in circumstances since you filed your application.
If you filed a sole application and your spouse (the respondent) has completed and filed a Response to divorce, but does not oppose the application, they do not need to attend the hearing and you may also choose not to attend. But if they have opposed the application in the Response to divorce, they must attend the divorce hearing to explain why they wish to oppose the divorce order being made. You should also attend as if you do not, and they oppose the divorce being granted the Court may treat their Response as undefended and dismiss your divorce application.
What if I want to attend the hearing?
Divorce hearings are conducted electronically. If you wish to attend the hearing, even when you are not required to, you can indicate this in your application.
In sole applications, the respondent can request to attend the hearing by emailing the Court at National.Divorce@fcfcoa.gov.au no later than 7 days before the hearing. If you have their email address, you must copy in your spouse (or their lawyer) to this email.
You do not need to attend the hearing if your spouse has requested to, but in those circumstances, if you do wish to attend you should also make a request, as outlined above.
Divorce hearings are conducted by phone. See Attending the hearing for more information.
What if I can't attend the hearing?
If you are required to attend the hearing and you or your legal representative is unable to attend, you will need to write to the Registrar by email to NationalDivorce@fcfcoa.gov.au seeking an adjournment of the hearing, and explaining the reasons why you are unable to attend. The Court processes many divorce applications daily so it may not be possible to reschedule your hearing date, unless in exceptional circumstances.
The Court may decline to adjourn your hearing if your spouse was served and has not consented to the date being adjourned. If you have served your spouse, you should not ask for an adjournment without discussing it with them first. You must copy your spouse or their legal representative into any request made for an adjournment.
Attending the Court
Divorce hearings are conducted by phone (unless you are advised otherwise) before a registrar of the Court. This means you will not need to attend the Court registry in person, or have a lawyer appear in person on your behalf. You will need access to a telephone to attend the hearing but you do not need to download any special applications.
Once you file your Application for divorce with the Court, the hearing details will be available on:
- Commonwealth Courts Portal (see ‘Court Events and Orders’ section), and
- the court list from 4pm (AEST/AEDT) the day prior to the hearing.
The details will include the date and time of your divorce hearing, the name of the Registrar who will hear and determine your application, and the phone dial in details.
Even though you do not need to physically attend the Court, all the usual courtroom procedures apply. See Attending court for more information about attending your court hearing, including etiquette and tips, and information about electronic hearings.
You should address the Registrar as ‘Registrar’ when you speak to them.
Have your documents available
You should keep a copy of all the divorce documents, including your application and service documents, and have them with you during your hearing so that you can answer any questions the Registrar may have when considering your application.
You should check carefully that all the documents you filed were accepted by the Court. If any document was refused or not accepted by the Court this will be advised by email.
The Court may decline to consider any documents that were not accepted for filing prior to the day of hearing.
If I don’t attend the hearing how will I know if I'm divorced?
Even if you are not required to attend the hearing, your divorce will only be granted if all the requirements for a divorce are met. For a sole application, one of the key requirements is proof that the divorce application has been properly served on the respondent, in accordance with the Rules of Court.
If your divorce is not granted, you will be sent email correspondence explaining the reason/s why, and what further steps are required by you to ensure the divorce will be granted by the Registrar on the next hearing date.
If your divorce is granted, it will be finalised one month and one day later (unless this is shortened or lengthened by a special order of the Court). You will only be able to access and download your divorce order (proof of your divorce) from the Commonwealth Courts Portal, the day after it is finalised. You will not otherwise be advised that the application has been successful.
If you do not comply with the requirements for a Divorce, including filing any documents that the Court directs, the Court may dismiss or strike-out your application. This may mean you need to re-file your application and pay another filing fee if you still wish to be divorced. If this occurs, the Court will publish orders that finalise your divorce application. You will be able to obtain the orders from the Commonwealth Court’s Portal.
Helpful Hint - You can choose to receive a notification email to tell you when your divorce has been granted. For information on how to do this see Electing to receive email notification for any open applications on the How do I navigate through the Portal page.
