Guide to Divorce - The Hearing

GUIDE TO DIVORCE IN AUSTRALIA: STEP 3 THE HEARING

Learn more about the Hearing step when getting divorced. This article covers the process, whether you have to attend, what you need to bring, can you bring someone to support you, and other important questions to help you on the day.

1. Do I have to attend the Hearing? 

Joint Applications

If you make a Joint Application, you do not need to attend the hearing.

However, there is one exception to this rule. If you have made another application which will be dealt with at the same time as your Divorce. For example, if you are seeking Orders for an urgent divorce or if you are seeking the Court’s permission to divorce in a marriage of less than 2 years without a Counselling Certificate.

Even though you are not required to attend, it may be advisable to attend if you were separated under the one roof and/or if you were married less than 2 years. That way, if the Court has any questions or concerns you may be able to deal with this on the day, rather than the Court adjourning (postponing) your matter for another hearing.

Sole Application

If you have made a Sole Application and you have children under 18 years, you need to attend the hearing.