Does every divorce case have a Court hearing?
Yes, all divorce cases will involve a formal Court hearing but it’s not always required that you attend the hearing. To begin the divorce process, an Application for Divorce must be lodged with the Federal Circuit and Family Court of Australia. By filing an application for divorce, an official Court proceeding is commenced. When you file, the Court will schedule a Court hearing date, which is usually listed around 2 or 3 months after you file your application.
On the Court hearing date, a type of judge known as a Registrar or Deputy Registrar will oversee the Court hearing. There will be many divorce applications listed on the same day, so the Registrar will work through the list, hearing each matter one by one, until all of the cases have been dealt with.
Do I have to attend the Court hearing for my divorce?
In some cases, it will be mandatory for you or your lawyer to attend your divorce hearing, and in other cases, you will not be required to attend. For example, if you file a joint application and there are no specific issues involved that would require your attendance, it may not be mandatory for you or your lawyer to attend.
In the case of a sole application for divorce, it will be mandatory for you or your lawyer to attend the Court hearing if you have children under the age of 18 years. If there are no children, you may not need to attend if there are no other specific issues that would require your attendance. If you have any questions about your case, please contact our Divorce Team to discuss your options.
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If I have to attend my divorce hearing, what will happen on the day?
You can attend the hearing yourself, or your lawyer can attend on your behalf.
Our fixed fee rates for divorce include your lawyer attending at the hearing on your behalf at no extra cost to you. So, you won’t need to worry about hidden fees or the stress of preparing for the hearing yourself.
On the hearing date, the Registrar of the Court will consider your case and hear any submissions made by your lawyer regarding the circumstances and whether the specific legal criteria for a divorce have been met.
If there are still outstanding issues or further information is required, the Court will ‘adjourn’ the Court hearing date. This involves the Court listing a second hearing date in the future, to allow time for further information or evidence to be filed in your case. Again, you can choose to have your lawyer attend the second hearing on your behalf.
Will there be more than one court hearing for my divorce matter?
In some cases, a Divorce Order can be made at the first Court hearing date. In other cases, there may be two, three or more hearings involved in the case before it is finally resolved. Generally speaking, most divorce cases can be resolved within one or two Court hearing dates, unless there are more complex issues involved.
What happens after the Court hearing for my divorce?
The purpose of the Court hearing is for the Court to review and consider your application for divorce, and to make sure all the legal and jurisdictional requirements for divorce have been met. Once the Court is satisfied that everything is in order, the Registrar will make a formal Divorce Order, which will be announced at the Court hearing.
From that date, the Divorce Order will then become binding and be in effect one month and one day later, at which point you will be officially divorced.
How can a family lawyer help?
If you would like to discuss your situation in more detail, you can book a free no obligation phone consultation with one of our lawyers. We assist separated couples across Australia with all aspects of separation and family law.
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