Divorce Process

What Happens Next?

Once the divorce application has been filed, the documents must be served on the other spouse (or their solicitors if they are represented). The other spouse will then have an opportunity to indicate whether they agree with the divorce or intend to contest it.

If the Court is satisfied that the legal requirements for divorce have been met, the proceedings can move towards an Interim Judgment, which confirms that the marriage is to be dissolved.

Issues such as the division of matrimonial assets, maintenance and the children’s issues are dealt with separately at the ancillary matters stage.

Service of Divorce Documents

After the divorce application has been filed, the documents must be served on the other spouse. Where the spouse’s address is known and the spouse can be located, personal service is often relatively straightforward.

The documents may be served on the spouse at his or her residential address. If the spouse’s workplace is known, service may also be effected there, provided the spouse can be personally identified and served.

In uncontested or amicable divorce proceedings, the process may be even simpler. Where the other spouse is not legally represented and is cooperative, arrangements can be made for him or her to attend at the filing spouse’s solicitors’ office to receive the relevant documents and sign the necessary acknowledgment of service.

In some situations, however, additional steps may be required, particularly where:

• The spouse is overseas;
• The spouse cannot be located;
• The spouse avoids service; or
• Alternative methods of service become necessary.

Once service has been completed, the matter may proceed as either an uncontested or contested divorce.

Uncontested Divorce Proceedings (Simplified Track)

Where both parties agree that the marriage has irretrievably broken down, the divorce may generally proceed on the simplified track. Divorce by Mutual Agreement (DMA) is one of the facts that parties may rely upon where both accept that the marriage has broken down.

It is not, however, the only route available where parties wish to proceed with the divorce amicably. Depending on the circumstances, parties may also proceed on the basis of unreasonable behaviour where the other party agrees to the particulars relied upon, or on the basis of three years’ separation with the other party’s consent, among other possibilities.

The appropriate basis will depend on the parties’ circumstances and the manner in which they wish to proceed. An uncontested divorce does not necessarily mean that all issues concerning children, maintenance and matrimonial assets have been agreed. It simply means that parties are able to agree on the facts and particulars for divorce.

These matters may still be resolved separately during the ancillary matters stage. Where the documents are in order, an uncontested divorce hearing is generally scheduled within about 4 to 6 weeks after filing, after which Interim Judgment will be granted if all is in order.

A simplified-track divorce may take around 4 to 6 months to conclude, depending on whether there are outstanding ancillary matters to be resolved at mediation. However, much will turn on parties’ conduct and the number of outstanding issues to be resolved.

Contested Divorce Proceedings (Normal Track)

Where the parties cannot agree that the marriage has irretrievably broken down, or cannot agree on the fact(s) or particulars for divorce, the divorce will generally proceed on the normal track. The Court may direct case conferences, counselling, mediation or other steps to assist the parties in resolving the dispute.

If agreement cannot be reached, the matter may proceed to a contested hearing for the Court to determine whether the marriage should be dissolved.

Normal-track divorce proceedings may take approximately 12 to 18 months, depending on the circumstances and complexity of the case. Importantly, disagreement over children, maintenance or matrimonial assets does not necessarily mean that the divorce itself is contested. These issues may be dealt with separately during the ancillary matters stage.

Interim Judgment

If the Court is satisfied that the legal requirements for divorce have been met, it may grant an Interim Judgment.

This is a significant milestone in the divorce process because it formally recognises that the marriage has broken down and should be dissolved.

However, the divorce is not yet fully completed at this stage. Important issues relating to children, maintenance and matrimonial assets may still need to be resolved before the matter can proceed to the final stage.

What Does Interim Judgment Mean?

Interim Judgment signifies that the Court has decided that the marriage should end. The parties must then address any remaining ancillary matters before a Final Judgment can be granted.