If you’ve filed for divorce in Australia, you may be wondering whether you need to attend the divorce hearing and what happens if you cannot be present.

Let’s provide clarity below on what to expect during a divorce hearing, when attendance is required, and what happens if you’re unable to attend.

What is a Divorce Hearing?

A divorce hearing is a legal proceeding where the court reviews a divorce application to determine if all legal requirements have been met.

Unlike other family law proceedings, divorce hearings do not address issues like property settlements or parenting arrangements. They are solely focused on legally dissolving the marriage.

Since most divorce applications in Australia are straightforward, hearings are typically brief and conducted electronically. A Judicial Registrar or Deputy Registrar presides over the hearing and ensures:

  • The couple has been separated for at least 12 months with no chance of reconciliation.
  • The application has been properly served if filed as a sole application.
  • Arrangements for children under 18 have been addressed (if applicable).

Once the court is satisfied that the divorce requirements have been met, the divorce order will be granted and will become final one month and one day after the hearing.

Do You Have to Attend Your Divorce Hearing?

Whether or not you need to attend the hearing depends on how you filed your divorce application and your specific circumstances.

You Are NOT Required to Attend If:

  • You filed a joint divorce application (unless you wish to attend voluntarily).
  • You filed a sole application and there are no children under 18 from the marriage.
  • The court has not requested additional information from you regarding the application. 

You MUST Attend If:

  • You filed a sole application and there are children under 18 from the marriage.
  • You requested to attend the hearing in your application.
  • Your former spouse opposes the divorce in a Response to Divorce.
  • You have applied for substituted service or dispensation of service because you could not locate your spouse. 
  • You need to explain circumstances such as:
  • Separation under the same roof.
  • A marriage of less than two years (which usually requires counselling before filing).
  • Any other irregularities in your application that require clarification.

Note: Even if attendance is not required, your divorce will not be granted unless all necessary documents and service requirements have been completed correctly.

What Happens During a Divorce Hearing?

Most divorce hearings are straightforward and take place electronically (via telephone or video conferencing). You do not need to attend court in person unless otherwise advised.

  1. Case Called – The Registrar begins the hearing by verifying the parties involved.
  2. Review of Application – The court checks the application details, ensuring all legal requirements have been met.
  3. Service Confirmation (If Sole Application) – The court confirms that the respondent was properly served and had an opportunity to respond.
  4. Child Arrangements (If Children Are Involved) – If there are children under 18, the court ensures arrangements are in place for their care and well-being.
  5. Decision – If all requirements are satisfied, the court grants the divorce order, which will become final after one month and one day.

What If You Can’t Attend the Hearing?

If you are required to attend but are unable to do so, you must request an adjournment by emailing the Registrar at [email protected]. Your email should explain the reason for your absence. However, given the high volume of cases, the court may not be able to reschedule unless there are exceptional circumstances.

If you fail to attend without notifying the court and your attendance was mandatory, your application may be dismissed, and you may need to reapply.

What If Your Spouse Doesn’t Attend?

  • If your former spouse was properly served and does not oppose the divorce, the hearing will proceed in their absence.
  • If they have filed a Response to Divorce opposing the application, they must attend to explain their objections.
  • If they have not been served correctly, the court may adjourn the case and require further attempts at service.

What Happens After the Hearing?

If the court grants your divorce, it does not take effect immediately. The divorce order becomes final one month and one day later unless the court orders a shorter period in exceptional circumstances.

Once finalised, your divorce order will be available online via the Commonwealth Courts Portal. This official document serves as proof of divorce and may be required for legal or administrative purposes, such as remarriage.

If your divorce is not granted, the court will inform you of the reasons why and the steps required to correct any issues in your application.

Please note that after your divorce order comes into effect, you have 12 months to resolve and formalise your property settlement and spousal maintenance issues (if not already done so). If for any reason you do not do so within the 12 month time limit, you will be required to seek special permission (leave) from the court to have your application heard out of time. To learn more about property settlements and spousal maintenance please click here.

Ramsden Family Lawyers in Here to Help

Understanding the divorce hearing process can help ease anxiety and ensure you are fully prepared. Whether you need to attend or not, ensuring all documents are filed correctly is key to a smooth legal process.

At Ramsden Family Law, we’re here to help you go through your divorce with compassion and care.

If you have any questions or need legal support, reach out to our team today.

Posted in: Latest News

March 24 2025