When will the divorce order take effect?

Once the Registrar is satisfied that the other party has been served and the twelve month separation period has passed (and any other requirements, such as counselling for short marriages have been met) the Registrar will grant a divorce order. If the parties are present at the hearing, they would thank the Registrar and leave the courtroom.

The divorce order automatically becomes final and takes effect one month and one day later and is usually posted to each of the parties. Technically the parties are still married until the order becomes final, and they cannot remarry until it becomes final.

See Family Law Act 1975 (Cth) s 55(1)(a).

Can the divorce order take effect any faster?

This waiting period can be shortened in special circumstances.

See Family Law Act 1975 (Cth) s 55(2)(b).

What if we get back together?

The Court may rescind (cancel) a divorce order before it becomes final if the parties get back together.

The parties would need to jointly file an Application in a Proceeding.

See Family Law Act 1975(Cth) s 57.

See also Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.09

What if the other party gave false evidence and/or forged my signature?

The Court may rescind (cancel) a divorce order before it becomes final if there has been a miscarriage of justice and, if it thinks fit, order that the proceedings be re-heard.

See Family Law Act 1975 (Cth) s 58.

See also Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 1.09

Can I appeal against a divorce order?

Yes, you can appeal a divorce order by filing anApplication for Review within 28 days of the date of the order.

If either party appeals against the terms of a divorce order, the order be automatically delayed in taking effect until one month after the appeal is heard and determined [see Family Law Act 1975 (Cth) s 55(3)].

No appeal can be made after a divorce order has taken effect and become final [see Family Law Act 1975 (Cth) s 93].

If you are thinking about appealing your divorce order, you should seek legal advice.

You can call the free Legal Help Line on 1300 366 424.