As everyone is aware the Family Law Act continues to change from time to time and as family lawyers it is important for our solicitors practicing in that jurisdiction to stay abreast of new developments and amendments and also to be aware of what remains unchanged and consistent.
Divorce Applications are a very common application made to the Federal Circuit and Family Court of Australia and were recently affected by the legislative amendments that were made and came into effect on 10 June 2025. Amendments were made to Section 98A of the Family Law Act setting out that parties are no longer required to attend the divorce hearing, regardless of whether the application is made solely or jointly and even where there are children under 18 years of age.
When is Court attendance required?
The only instance where a party must attend Court is if the other party files documents objecting to the divorce.
Even though court attendance may not be required, service requirements remain unchanged for sole applications. The following methods of service are permitted:
- Service by Post
- Must be sent to the respondent’s known address.
- Acknowledgement of service may be required.
- Personal Service (by hand)
- Must be served by someone other than the applicant.
- The person serving the documents must be over the age of 18.
- The person who serves the documents must complete an Affidavit of Service.
- Service on the Respondent’s Lawyer
- Only if the lawyer has stated in writing that they accept service on the respondent’s behalf.
Limitations on Applications for Divorce
Parties who have been married less than 2 years no longer need to:
- Attend marriage counselling; or
- File a counselling certificate, or
- Apply to the Court for leave to proceed with a divorce.
The mandatory requirement to be separated for at least 12 months and one day remains unchanged.
If you need assistance with a Divorce Application or any other aspect of a family or domestic relationship please contact our family law team who are able to assist you.