Author: Carol Pages, Pages Family Law.
If you’ve filed an application with the Federal Circuit and Family Court of Australia (FCFCOA) – or you’re responding to one made by your former partner – your divorce first hearing or first court date is an important step in your family law matter. But what actually happens at this first hearing, and how should you prepare?
This guide explains what to expect, what the Court can and can’t do at your first divorce hearing, and how to set yourself up for the best outcome.
Is the Divorce First Hearing Online or In Person?
In most cases, your first Court hearing will take place online via Webex before a Judicial Registrar. This hearing is often called a “first return date” or a “mention”.
It’s not about deciding your whole case. Instead, the Court will:
- ● Set a timetable for your matter.
- ● Make procedural orders to gather information and prepare for resolution.
- ● Record any consent orders if you and your ex-partner agree on some issues.
What the Court Cannot Do at Your First Hearing in Court
It’s important to know the limits of a first hearing.
The Court cannot make decisions about disputes such as:
- ● Who pays the mortgage.
- ● Whether spousal maintenance should be paid.
- ● How much time children spend with each parent.
These issues can only be determined at a later interim hearing or final hearing if agreement can’t be reached.
Common Procedural Orders in Family Law Cases
Procedural orders are about collecting the information needed to move your case forward.
In Property Matters, the Court May Order:
- ● Outstanding financial disclosure: If key financial documents are missing, you can request specific disclosure. Being precise about what you need helps avoid unnecessary costs later.
- ● Valuations: Real estate and other significant assets often require expert valuations. Getting these done before mediation saves time and prevents arguments over asset values during negotiations.
In Parenting Matters, the Court May Order:
- ● Child Impact Report or Short Form Report: A Court-appointed psychologist reviews the parents’ documents, interviews the parents and children (if age-appropriate), and provides recommendations about parenting arrangements and any further support needed.
- ● Information Sharing Request: The Court may ask child protection or welfare agencies for records relevant to the family.
Consent Orders at the First Hearing
If you and your ex-partner agree on certain issues, the Court can make consent orders at the first hearing. These give you peace of mind because they are enforceable.
Examples include:
- ● Property orders: payment of mortgages, sale of property, appointment of an agent, or finalising tax documents.
- ● Parenting orders: how much time children spend with each parent, school arrangements, or decision-making responsibilities.
- ● Practical orders: arrangements for collecting belongings when one spouse has moved out.
What Happens After the First Divorce Hearing?
The Court follows a case management pathway for all family law matters. After your first hearing, the next step will usually be one of the following:
- ● Interim hearing: If urgent or unresolved issues (such as parenting time or financial support) need a temporary decision.
- ● Dispute resolution event (e.g., mediation): If there are no urgent matters, the focus shifts to negotiation and settlement.
The Court orders from your first hearing will clearly set out the next steps and what you need to prepare.
For further information, you can refer to the Central Practice Direction: Family Law Case Management published by the Federal Circuit and Family Court of Australia and available here: Central Practice Direction: Family Law Case Management | Federal Circuit and Family Court of Australia.
Key Takeaways
- ● Your first divorce hearing is usually online and focuses on procedure, not decisions.
- ● The Court can make procedural orders (like financial disclosure or child reports) and consent orders (where both parties agree).
- ● Disputed issues (property, spousal maintenance, parenting arrangements) are decided later if you can’t agree.
- ● The outcome of your first hearing will set the timetable and next steps in your case.
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The content of this article is provided for information purposes only and does not constitute legal advice. We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.
Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077 or book a 15 minute free discovery call via our website.
