The Divorce hearing will be determined in the Federal Circuit and Family Court of Australia.
Parties are only expected to attend the divorce hearing if they satisfy the following criteria:
1. A sole application has been filed and there is a child of the marriage aged under 18 years at the time of filing;
2. The party has indicated that they wish to attend in the application; or
3. Either party has objected to the divorce being heard in the absence of the parties; or
4. The respondent files a Response to divorce opposing the application.
In the event that the Applicant has been unable to serve the divorce Application on the Respondent, they should attend the Court hearing and depending on the circumstances, they should consider the appropriateness of seeking an order for substituted service or an order for dispensation of service in circumstances where they are not able to find the Respondent to serve the documents.
Once the divorce is granted, it will be finalised one month and one day later unless an order is made by the Court to reduce that time. A copy of the divorce order will be made available to the parties upon the order becoming operative.
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