Do I have to go to court for my divorce? Usually not.

No — since 10 June 2025 most applicants don't need to attend their divorce hearing, whether you apply jointly or alone and whether or not you have children under 18. Before that date, sole applicants with children under 18 had to attend; the Family Law Amendment Act 2024 removed that. The exceptions are if the Court directs attendance or your ex files a Response objecting to the divorce — and in either case our lawyer attends the first hearing of your application for you; any later hearing is separate work, quoted in writing first.
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What the hearing actually is

A registrar of the Federal Circuit and Family Court works through a list of divorce applications, checks each one is in order — separation, jurisdiction, service, children's arrangements — and makes the divorce order. It takes minutes. There's no evidence about why the marriage ended and no argument.

If your ex turns up

They may attend and can only raise the separation date or jurisdiction. If they've filed a Response, we'll have told you beforehand and what it means.

If the Court wants more information

Occasionally the registrar asks for a further affidavit (often about children's arrangements) and adjourns briefly. We deal with it — and if it was our omission, at no additional professional fee.

When your hearing will be

The Court lists divorce hearings in the order applications are filed, generally a couple of months out. Nobody can jump the queue, which is why the date you file is the one thing that actually moves your date forward.

After the hearing

The order takes effect one month and one day later, and we deliver it to your dashboard.

or call 1800 976 214

Two minutes · no obligation · a lawyer confirms everything before anything is filed

Frequently asked questions