If you need help at court, you should speak to the Duty Lawyer.

Step 1: Check the instructions for attending the hearing

If your hearing is by telephone, you should read the Court’s instructions for attending electronically. You can find this information:

• on the Courts and Events and Orders section of the Commonwealth Courts Portal, or
• by checking the court lists the day before the hearing.

Make sure your phone is charged ready for the hearing and you have a quite space where you can take the call.

If your hearing is in person, you should arrive at court at least 30 minutes early. This will give you time to go through security and find your courtroom. 

To find your courtroom, look for the court lists in the foyer of the courthouse. If you can’t find the court lists, speak to the registry. 

 You can check the Daily Court Lists online on the Federal Circuit and Family Court of Australia website the day before the hearing. You should still check the court lists at the courthouse on the morning of the hearing, to make sure your hearing has not been moved to another courtroom.

If you have concerns about your safety when you are at court, you should alert a sheriff officer or court officer as soon as possible.  

For more information, see Safety at court on the Federal Circuit and Family Court of Australia website. 

Step 2: Before the hearing starts

Before the hearing starts:

• remove your hat and sunglasses from your head
• stop eating or drinking
  
• turn your mobile phone off or put it on silent, if your hearing is in person.
  

You must do this even if your hearing is by telephone. A hearing by telephone is still a proper court hearing. The court rules and procedures still apply.

Step 3: What to do and say

Most divorces are decided by court Registrars and not Judges.

If your hearing is by telephone, find a quite space that is free from distractions. You should join the hearing at least 15 minutes before the hearing is due to start. Place your phone on mute before the hearing begins and when you are not speaking.

Don’t place the call on hold.

If your hearing is in person, when you enter the courtroom:

• bow your head
  
• take a seat at the back of the courtroom, and
• wait until your case is called.

There will be a number of cases scheduled for hearing at that time. You may have to wait until the Court is ready to hear your case. 

If there are no seats at the back of the courtroom, you should wait outside the courtroom. Make sure you are close enough to the courtroom to hear the Court Officer call your name. 

When your case has been called you should:

• sit at the bar table
• get your documents ready
• listen for questions
• stand when you are speaking. 
  

When speaking to a Judge, you should call them ‘Your Honour’.  

When speaking to the Registrar, you should call them ‘Registrar’.

If you have a child with your spouse, you will need to tell the Court:

• where your child lives
• when they spend time with and communicate with their other parent
• where your child goes to school, including what grade they’re in, and how they are progressing with their school work
• any serious health or medical problems affecting your child
• any child support or other financial support you receive or pay. 

Step 4: Adjournments

If you have filed an Application in a Case asking for substituted service orders, the Court must decide whether you have made all reasonable attempts to serve your spouse. 

If the Court decides that you have, it will make orders for substituted service. If this occurs, your matter may be adjourned to allow you to serve your spouse.

If the Court has granted you substituted service orders, you should serve your spouse as soon as possible. 

If the Court decides that you have not made all reasonable attempts to contact your spouse, it may adjourn the hearing and ask you to try again. 

Step 5: The decision

The Court may decide to grant a Divorce Order on the day of the hearing if it is satisfied that:

• you and your spouse are married
  
• your marriage has irretrievably broken down and there is no reasonable likelihood you will reconcile with your spouse
  
• you and your spouse were separated for at least 12 months when the Application for Divorce was filed
• your or your spouse are an Australian citizen, or you regard Australia as your home and intend to live here indefinitely, or you ordinarily live here and have done so for at least 12 months immediately before applying 
• you correctly served your spouse with your Application for Divorce 
  
• you and your spouse have made appropriate arrangements for the care of your children, if relevant.   
  

If an Order is made, your divorce will be finalised one month and one day after the hearing. 

If you filed an Application in a Case asking for an order dispensing with service, the court may:

• grant you a divorce, if it is satisfied that you can’t serve your spouse and you meet the above criteria
• make Substituted Service Orders instead, if it believes that you can contact your spouse
• adjourn your matter, if it believes you can serve your spouse by hand or post. 

If you have not filed an Application in a Case and have not served your spouse, the Court may adjourn or dismiss your application. 

Once the Court has dealt with your case, you can leave the courtroom. 

You won’t get a copy of the Divorce Orders at the hearing. All Divorce Orders are signed and sealed electronically and uploaded onto the Commonwealth Courts portal, where you can download them. 

For more information about getting a copy of your Divorce Order, see Divorce Order.