Divorce: Getting a “Dissolution” Order
The Dissolution Order: How it gets made and when it takes effect
When you agree and don’t want a court hearing
Family Proceedings Act 1980, ss 38, 42; Family Court Rules 2002, rules 360–362
The court registrar can make a Dissolution Order if an application for dissolution is made:
- by both of you jointly and you agree to the order being made without you being present, or
- by one of you, but the other person agrees to the order being made without them being present or does not defend the application.
A Dissolution Order made by a registrar does not become final until one month after the order is made. You will be sent a copy of the Dissolution Order as soon as it becomes final.
When you parties agree but do want a court hearing
If you want an order immediately (for instance, if one of you is due to remarry), or if for any other reason you want the order made by a Family Court Judge, then you will need to request an undefended hearing in front of a judge. Both of you will have to go to court and appear in front of the judge as a formality only. At the hearing, the judge can make a Dissolution Order that takes effect immediately.
When one of you disagrees and there is a defended court hearing
If, after a defended hearing, a judge decides that the order should be made, then the order will come into effect one month after the hearing date (unless the judge’s decision is appealed).
