Going to the hearing

If you and your spouse file a joint divorce application, you don’t have to attend the divorce hearing (even if you and your spouse have a child under 18 years old), unless you have said you will attend in your application. If you don’t attend, it’s important to check what happened at the hearing.

If you file a sole application, you don’t have to attend the divorce hearing if:

• you and your spouse don’t have a child under 18 years old, and
  
• your spouse does not respond to your Application for Divorce.
  

You should consider attending if there are any complex issues, for example, separation under one roof, it was a short marriage or there are problems with the marriage certificate.

You must attend the divorce hearing if:

• you and your spouse have a child under 18 years old
  
• your spouse files a Response to Divorce opposing your Application for Divorce
  
• you have filed an Application in a Case for Substituted Service or Dispensation of Service Orders, or
  
• you asked to attend. 
  

You will need to attend the divorce hearing if you file a Response to Divorce opposing your spouse’s Application for Divorce. You will need to explain to the Court why you are opposing the application.  

If you are concerned about your safety while attending court, you should speak to the Court registry at least five working days before the hearing.

The Court can take steps to ensure your safety, including:

• using the safe room
• entering and leaving the courthouse from a different exit
• attending by telephone or video
• having a support person at court
• closing the Court to the public
• excluding certain people from being in the courtroom.

For more information, see Safety at court on the Federal Circuit and Family Court of Australia website.

To do this, you must:

• inform your spouse that you will be asking the Court to attend by telephone or video link, and
  
• file a Request to attend by electronic communication form at least five business days before the hearing at the court registry where the hearing will take place. 

You can download a copy of the Request to attend by electronic communication from the Federal Circuit and Family Court of Australia website. 

It is up to the Court whether to grant your request or not. 

Your safety is important. If you feel unsafe or are experiencing any violence, contact the police, a domestic violence counsellor or get legal advice.

Instructions: Instructions for completing a Request to attend by electronic communication

Sample: Sample Request to attend by electronic communication

If your hearing is by telephone, you should read the Court’s instructions for attending electronically. You can find this information:

• on the Courts and Events and Orders section of the Commonwealth Courts Portal, or
  
• by checking the court lists the day before the hearing.
  

Make sure your phone is charged ready for the hearing and you have a quite space where you can take the call.

If your hearing is in person, you should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

To find your courtroom, look for the court lists in the foyer of the courthouse. If you can’t find the court lists, speak to the registry. 

 You can check the Daily Court Lists online on the Federal Circuit and Family Court of Australia website the day before the hearing. You should still check the court lists at the courthouse on the morning of the hearing, to make sure your hearing has not been moved to another courtroom.

If you have concerns about your safety when you are at court, you should alert a sheriff officer or court officer as soon as possible.  

For more information, see Safety at court on the Federal Circuit and Family Court of Australia website. 

Before the hearing starts:

• remove your hat and sunglasses from your head
  
• stop eating or drinking
  
• turn your mobile phone off or put it on silent, if your hearing is in person.
  

You must do this even if your hearing is by telephone. A hearing by telephone is still a proper court hearing. The court rules and procedures still apply.

If you have filed an Application in a Proceeding asking for substituted service orders, the Court must decide whether you have made all reasonable attempts to serve your spouse. 

If the Court decides that you have, it will make orders for substituted service. If this occurs, your matter may be adjourned to allow you to serve your spouse.

If the Court has granted you substituted service orders, you should serve your spouse as soon as possible. 

If the Court decides that you have not made all reasonable attempts to contact your spouse, it may adjourn the hearing and ask you to try again. 

The Court may decide to grant a Divorce Order on the day of the hearing if it is satisfied that:

• you and your spouse are married
  
• your marriage has irretrievably broken down and there is no reasonable likelihood you will reconcile with your spouse
  
• you and your spouse were separated for at least 12 months when the Application for Divorce was filed
  
• your or your spouse are an Australian citizen, or you regard Australia as your home and intend to live here indefinitely, or you ordinarily live here and have done so for at least 12 months immediately before applying 
  
• you correctly served your spouse with your Application for Divorce 
  
• you and your spouse have made appropriate arrangements for the care of your children, if relevant.   
  

If an Order is made, your divorce will be finalised one month and one day after the hearing. 

If you filed an Application in a Proceeding asking for an order dispensing with service, the court may:

• grant you a divorce, if it is satisfied that you can’t serve your spouse and you meet the above criteria
  
• make substituted service orders instead, if it believes that you can contact your spouse
  
• adjourn your matter, if it believes you can serve your spouse by hand or post. 
  

If you have not filed an Application in a Proceeding and have not served your spouse, the Court may adjourn or dismiss your application. 

Once the Court has dealt with your case, you can leave the courtroom. 

You won’t get a copy of the Divorce Orders at the hearing. All Divorce Orders are signed and sealed electronically and uploaded onto the Commonwealth Courts portal, where you can download them. 

For more information about getting a copy of your Divorce Order, see Divorce Order.