Can I oppose a Writ for Divorce filed by my spouse?
If you want to oppose your spouse’s divorce application, it is very important that you follow the proper procedures. If you simply ignore the Court case, the Court may decide the case without you. You may find that your marriage has been legally ended, and that certain orders have been made on the children, property and maintenance. These orders will still be binding on you even if you were not at the Court hearing.
You must be clear as to whether you want to remain married to your spouse, or if you simply want the Court to hear you on the issues relating to the children, property and maintenance. These are the ancillary matters.
If you wish to remain married to your spouse, you must defend the divorce. You must do this by filing a Memorandum of Appearance and a Defence. A copy of the Memorandum of Appearance will have been served on you together with the divorce papers.
If you just want the Court to hear you on the ancillary matters, file the Memorandum of Appearance indicating which issues you wish to be heard on. After the Interim Judgment hearing is over, the Court will call an Ancillary Matters Pre-Trial Conference, and ask you to file an Affidavit of Assets and Means.
Is there a way for my spouse and I to come to an agreement so that we can avoid a contested divorce?
Yes.
Contested divorce and ancillary matters hearings take a long time, are much more expensive, and come at a great personal cost to everyone involved. It is best for you, your spouse and your children if you are able to agree on how to move forward with a divorce.
The Family Resolution Chambers of the Family Court is dedicated to helping you and your spouse come to an amicable arrangement on the divorce and ancillary matters. You can make a request for a Resolution Conference with a Judge of the Family Relations Centre. You can make your request through your lawyer if you have one, or to the Deputy Registrar when you attend Court at the Status Conference or Pre-Trial Conference stage of your divorce proceedings.
You can also make a request for counselling at the Counselling And Psychological Services (CAPS).
Do I need a lawyer to get divorced?
If you really want to, and if you are able to do so, you can apply for a divorce yourself. In legal language, this is known as ‘acting in person.’
But you will not be exempt from the legal, procedural and formal requirements of conducting Court proceedings. For example, you must ensure that the documents you file in Court are in the correct format, that you have paid the correct filing fees, and that you have filed your documents through the Electronic Filing System.
Most importantly, the Family Court cannot give you any advice on what you should say or do. Only a qualified lawyer can give you independent legal advice on the merits of your case.
When can I remarry?
You can only remarry after you have obtained Final Judgment—also known as a Certificate of Making Interim Judgment Final (Form 26).
You must wait until the Court has dealt with all the ancillary matters in your divorce, or for three months, whichever is later, before you can apply for the Certificate of Making Interim Judgment Final.