When will the divorce order take effect?

Once the Registrar is satisfied that the other party has been served and the 12 month separation period has passed (and any other requirements have been met) the Registrar will grant a divorce order.

The divorce order automatically becomes final and takes effect one month and one day later and is usually posted to each of the parties. Technically the parties are still married until the order becomes final, and they cannot remarry until it becomes final. [See Family Law Act 1975 (Cth) s 55(1)(a)]

Can the divorce order take effect any faster?

The one month waiting period can be shortened in special circumstances [Family Law Act 1975 (Cth) s 55(2)(b)].

What if we get back together?

The Court may rescind (cancel) a divorce order before it becomes final if the parties get back together. The parties would need to jointly file an Application in a Proceeding. See Family Law Act 1975(Cth) s 57 and Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.09.

What if the other party gave false evidence or forged my signature?

The Court may rescind (cancel) a divorce order before it becomes final if there has been a miscarriage of justice and, if it thinks fit, order that the proceedings be re-heard. See Family Law Act 1975 (Cth) s 58 and Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.09.

Can I appeal against a divorce order?

Yes, you can appeal a divorce order by filing an Application for Review within 28 days of the date of the order.

If either party appeals against the terms of a divorce order, the order will be automatically delayed in taking effect until one month after the appeal is heard and determined [see Family Law Act 1975 (Cth) s 55(3)].

No appeal can be made after a divorce order has taken effect and become final [see Family Law Act 1975 (Cth) s 60].

If you are thinking about appealing your divorce order, seek legal advice. Call the free Legal Helpline on 1300 366 424.