The Divorce Process
Filing the application and the divorce hearing
The application for divorce can be made jointly or by only one party.
Once the application is completed and the relevant documents are attached (e.g. a certified copy of the marriage certificate and any translations which may be required), the application must be signed and witnessed appropriately.
It is then filed with the Court upon payment of a filing fee.
The application is then given a date for the divorce hearing before the Court.
Whether or not you or a legal representative will be required to attend the divorce hearing will depend on whether there are children of the marriage under the age of 18 years and whether the application is made solely or jointly.
Serving the divorce on the other party
If the application for divorce is a sole application then it will be necessary to prove to the Court that the other party has been served with the application appropriately. This can be quite a complicated process.
Once the application is served, then the party who is served needs to sign the acknowledgement of service. Then an affidavit needs to be signed which confirms that the signature is that of the party who has acknowledged service.
If the party who is served refuses to sign the acknowledgment of service then the person who has served the application may need to prepare an affidavit confirming that it was personally served in the correct manner. This person cannot be the person who is a party to the divorce, and must be another independent person.
At the divorce hearing, if all the requirements are met then the Court will grant a Divorce Order (this is the ‘divorce’). The Divorce Order will become Final one month after the Order is granted.
Contesting a divorce
If one or more of the requirements for getting a divorce is disputed then it is possible to lodge an application with the Court to contest the divorce.
If the divorce is contested then relevant evidence will need to be filed and the Court will make a determination after hearing the matter.