The Divorce Procedure – What is the Second Stage about?
The divorce process consists of 2 stages. At the first stage, the Court will only deal with the termination of the marriage itself.
At the second stage, the Court will deal with the ancillary matters.
Ancillary matters will involve questions on maintenance, child custody, division of assets and costs. They may be adjourned to be heard in Chambers at a date to be fixed by the Registrar, or the Registrar may first fix a Mediation session for parties to attempt to resolve the issues amicably.
Parties are required to file their respective Affidavit of Assets and Means disclosing all assets/liabilities, income and expenditure. There are two (2) rounds of exchange of Affidavits.
Parties are also required to also file the Check List, Ancillary Matters Facts, Declaration of Assets and Position Sheet. Once filed, the Court will then, based on the declaration of the assets, decide if the matter would be heard in the Family Court or in the High Court. The matter only goes to the High Court when the nett value of the estate (as per what is declared) exceeds $5 million.
After that, an Ancillary Hearing date will be fixed to hear the respective counsels’ written and oral submissions in Court.
For more information on the 2-stage divorce process, please click here.