In the first stage, Courts will deal with the termination of the marriage itself. Here, the Court will decide whether the marriage should be dissolved. At the end of this stage, if successful, parties will receive an Interim Judgement.
In the second stage, the Court will deal with the Ancillary matters. These include division of matrimonial assets,custody of the children and maintenance of the wife and children (if applicable). At the end of this stage, parties will receive a Final Judgement.
Before you start the divorce proceedings, you need to determine if you meet the grounds to get a divorce.
Questions of maintenance, custody, division of assets and costs, etc. may be adjourned to be heard in Chambers at a date to be fixed by the Registrar. The Registrar may fix a Mediation session for parties to resolve the issues amicably.
The Court will require parties to file their respective Affidavit of Assets and Means disclosing all assets/liabilities, income and expenditure. There are three (3) rounds of exchange of Affidavits. Parties are entitled to proceed with Discovery, Injunctions and Interrogatories at this stage of the proceedings.
Once parties have filed the prerequisite affidavits, parties will be required to also file the Check list, Declaration of Assets, and Ancillary Matters Facts and Position Sheet. Upon that being filed, the Court will then base on the declaration of the assets, decide if the matter would be heard in the Family Court or transferred to the High Court. The transfer only kicks in when the nett value of the estate (as per what is declared) exceeds $1.5 million.
Thereafter, an Ancillary Hearing date will be fixed to hear the respective counsels’ written and oral submissions in Court.