Divorce

Overview

This section deals with the procedure for obtaining a divorce in the Family Justice Courts (FJC) with effect from 1 January 2015. The procedure in this section also applies to proceedings commenced before 1 January 2015, provided the matters are heard in the FJC. The information in this section does not cover the procedure that applies if your case is in the High Court, or had commenced before 1 April 2006.

The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.

References to legislation:

What is divorce

A divorce is the legal procedure that ends a marriage.

When a Judge of the FJC grants your divorce, he or she will hand down an Interim Judgment of Divorce. This is the end of the first stage of your divorce proceedings.

The Interim Judgment does not settle issues about the children, property or maintenance. In legal language, issues about the children, property and maintenance are known as ‘ancillary matters.’

The ancillary matters are usually dealt with after the Court has granted the Interim Judgment. This is the second stage of divorce proceedings.

After all ancillary matters are dealt with, the Court will grant you a Certificate of Final Judgment and this Certificate can only be extracted three months from the Interim Judgment date.


Before filing for a divorce

From 21 January 2018, parents with at least one child below 21 years of age and who do not have an agreement on the divorce and all the ancillary matters, are required to attend the Mandatory Parenting Programme (MPP) by the Ministry of Social and Family Development (MSF). The MPP is a consultation for parents before they file a divorce application with the FJC.


First Stage of Divorce Proceedings


Second Stage of Divorce Proceedings


Other Considerations


Relevant Forms

The FJC Practice Directions (as at 6 March 2018) set out the forms used in the Family Justice Courts.