Who will hear my application?

Divorce applications are usually heard by sessional registrars engaged by the Federal Circuit and Family Court. A registrar is a court lawyer who has been given the power to perform particular tasks, such as grant divorces.

Unless otherwise advised, all divorce hearings will occur via electronic means. Parties will be notified of the details for the electronic hearing in advance of their allocated Court date [Family Law Practice Direction – Divorce proceedings para 4.1].

When will my application be heard?

If either party applies for divorce on their own, it will be listed at least:

[Family Law Practice Direction – Divorce proceedings para 2.21]

Depending on the business of the Court, it may be listed more than 42 or 56 days after you file it. If the Application for Divorce is eFiled, the applicant(s) can choose the next available date on the Commonwealth Courts Portal.

Do I need to attend the hearing?

Generally, if you do not attend the hearing of your application (either electronically or in person), it may be dismissed in your absence.

Parties who have filed for divorce jointly can request that the application be heard without attendance of the parties or their legal representatives. A party who has filed for divorce on their own may also request that it be heard in the absence of the parties, and the Court may grant this request if the proceedings are undefended and the other party does not object to the hearing going ahead without party attendance [Family Law Act 1975 (Cth) s 98A].

If there are children of the marriage under the age of 18 years, the Court must be satisfied that proper arrangements have been made for the care, welfare and development of those children before granting divorce [see s 55A].

Is there anything else I should do before the hearing?

You can double check the date and time of the hearing of your divorce in the Commonwealth Courts Portal or by calling the National Enquiry Centreon 1300 352 000.

What should I do at the hearing?

Information on attending the Court via an electronic hearing can be found on the Federal Circuit and Family Court's Electronic Hearings website.

If the Court requires physical attendance, you should arrive at least 15 minutes early. When you arrive at the court building you should look for the name and number of your case and the number of the courtroom, as there are a number of courtrooms where cases are heard. A list of the cases being heard is displayed in the foyer of the court building. If possible, notify court staff when you arrive at the courtroom. Sit close by the courtroom so that you can hear when your case is called. When your case is called, you will go into the courtroom and sit at the long table (the bar table) facing the Registrar.

The hearing of the divorce is not likely to take more than a few minutes. The Registrar must be satisfied that the other party has been correctly served and that the 12 month separation period and other requirements have been proved.