If you have applied to end your marriage, it is natural to wonder how long a divorce court hearing lasts and what actually happens on the day. The good news is that the hearing itself is usually a small part of the process.
A divorce court hearing in Australia is generally short. It is held electronically, usually by phone, before a registrar of the Federal Circuit and Family Court of Australia, and in many cases you do not need to attend at all. If the divorce is granted, it becomes final one month and one day later, unless the Court makes a special order to shorten that time.
Below, we explain what to expect from the hearing, whether you need to be there, and how long it takes for your divorce to be final.
How long is the divorce hearing itself?
Most divorce hearings are brief. The registrar is confirming that the legal requirements for a divorce have been met, not resolving a dispute, so where an application is straightforward the hearing takes only a short time.
Hearings are conducted electronically before a deputy registrar or judicial registrar. You do not need to attend a court building in person, and you do not need a lawyer to appear for you at the hearing. In a large number of cases, you are not required to attend the hearing at all.
Do you have to attend the divorce court hearing?
Whether you need to attend depends on your circumstances. Attendance is generally only required if:
- you indicated in your application that you wish to attend
- either party has objected to the divorce being heard in the absence of the parties, or
- the respondent files a Response to divorce opposing the application.
If you and your former partner apply together as a joint application, you are usually not required to attend. If you have applied on your own and there are no children under 18, you can often choose not to attend as well.
If you are unsure whether your situation means you need to attend, it can help to speak with a family lawyer before your hearing date.
What happens at a divorce court hearing?
Even though the hearing is held electronically, the usual courtroom procedures apply. The registrar reviews your application and checks that the requirements for a divorce have been met, including that you have been separated for at least 12 months and, for a sole application, that the other party has been properly served with the documents.
It is a good idea to have your court documents with you during the hearing so you can answer any questions the registrar may have. If you were married for less than two years, or you separated while living under the same roof, you may need to provide extra information to support your application.
How long after the court hearing is the divorce final?
Once your divorce is granted, it does not take effect straight away. In most cases, the divorce order becomes final one month and one day after it is granted, unless the Court makes a special order to shorten that time. Shortening this period is only allowed in exceptional circumstances.
This waiting period is set by the Federal Circuit and Family Court of Australia and gives certainty about the date your marriage legally ends. It matters if you are planning to remarry, because you cannot remarry until your divorce is final.
How do you get proof your divorce is final?
Your divorce order is your proof of divorce. You can download it from the Commonwealth Courts Portal the working day after it becomes final. If you need help accessing it, or you want a formal copy, our guide on how to get your divorce certificate walks through the steps.
What a divorce does not decide
A divorce ends your marriage. It does not, on its own, divide your assets or decide arrangements for your children. Those are separate processes, and time limits can apply after a divorce is finalised.
If you have not yet sorted out these issues, it is worth getting advice about your property settlement and parenting arrangements so nothing important is missed. For an overview of the full timeline, see our guide on how long a divorce takes.
How Hebblewhite Lawyers can help
Applying for a divorce can feel daunting, especially when you are not sure what the hearing involves. Our family law team can explain the process of applying for a divorce in Australia, check that your application is in order, and help you understand your next steps. If you would like clear, practical guidance, speak with a family lawyer at Hebblewhite Lawyers by phone or video.
