How do I discontinue/withdraw my application for divorce?
The form Notice of Discontinuance is used to:
- discontinue your application, response or notice of appeal, or
- withdraw part of your case, for example, if you do not want to continue to seek some of the orders that you have sought in an application, a response or notice of appeal.
If your matter is in the Family Court of Australia, please use - Notice of Discontinuance (FCoA)
If your matter is in the Federal Circuit Court of Australia, please use - Notice of Discontinuance (FCC)
Please note: Filing this notice does not prevent the other party from continuing to seek the orders they have sought, including orders for costs.
You need to file the completed and signed original Notice of Discontinuance form, plus a copy for each other party to the proceeding. The Court will keep the original on the court file and send the photocopies back to you. One for your records, and the others you have to serve upon the parties to the proceedings (including any independent children's lawyer, if any).
Please note: If the next court listing for your matter is not vacated even after you have lodged the Notice of discontinuance, it is in your best interest to attend that event so that no court orders are made in your absence.