Law Blog

In Australia the Federal Magistrates Court of Australia (which has registries in most capital cities) is the court that decides whether or not two people can be divorced. In the USA this is sometimes referred to as "divorce court" or "family court", but in Australia it is the Federal Magistrates Court of Australia.

If you and your ex-spouse separated amicably and are in agreement that the divorce should indeed be granted and you do not have children under 18 years of age, chances are you will not have to go to court for your divorce hearing. However if you are told by your lawyer or the courts that you must attend at the divorce hearing, here are some points to consider:

• The person who will actually listen to the divorce application and make a determination is called a "Federal Magistrate" and he or she should be addressed as "your Honour", not "Sir", "Ma'am", "Mate" or "Dude"
  
• The table you sit at (either with your lawyer or alone if you are unrepresented) is called the "Bar Table"
• If you have a lawyer with you, you will probably not have to speak to the Federal Magistrate - the lawyer will do all the talking on your behalf
• The Federal Magistrate will read the documents that have been filed with the court and if necessary will ask your lawyer (or you if you are unrepresented) simple questions, such as "is the husband still paying child support to the wife?"
• If the Federal Magistrate is satisfied that the law has been complied with and everything is in order he or she will announce the dissolution of your marriage - and that's it... the divorce is finalised

Courts are usually very busy places so remember that it is in your interests to ensure all information you provide to the court prior to the hearing and during the hearing makes sense and allows the Federal Magistrate to understand your situation as easily as possible. There are other pressing matters that the court will have to deal with, so if your matter can be heard and determined swiftly this will be not only a preventative measure against the Federal Magistrate losing his or her temper, but will be a matter of courtesy to the other people waiting to be heard by the court.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.