This page describes the process for a matrimonial application for divorce on a normal track.
Refer to File a matrimonial application for divorce (simplified track) if you and your spouse can reach an agreement on the divorce and all ancillary matters before filing the matrimonial application for divorce.
The ancillary matters process is the second stage of the divorce process which takes place after the Interim Judgment is granted if there is no agreement between the parties on the ancillary matters.
The purpose of an ancillary matters case conference is to prepare parties for the ancillary matters hearing. Depending on the complexity of their case, parties may have to attend multiple ancillary matters case conferences.
In general, the court will send a Registrar's Notice to notify parties (or their lawyers, if any) on details of the ancillary matters case conference within 1 month after the Interim Judgment is granted.
Only those directly involved in the matter can attend the ancillary matters case conference. Members of the public are not allowed to attend.
If you have a lawyer, you do not have to attend the ancillary case conference yourself. Similarly, if the other party has a lawyer, their lawyer will attend the ancillary case conference.
If you are representing yourself, on the day of your ancillary case conference, you should:
You should also prepare in advance before attending an ancillary matters case conference. This is because the court may ask questions on any of the following:
The court may refer parties for mediation and counselling at the Family Dispute Resolution Division (FDR Division) of the Family Justice Courts (FJC).
If the parties manage to reach an agreement on the ancillary matters, the court will give directions to prepare a draft ancillary reliefs order. The draft ancillary reliefs order (Form 8, Family Justice Courts Practice Directions 2024 (DOCX, 92 KB)) should be filed through eLitigation within the time period as directed by the court.
The court will then schedule the matter to be heard at an administrative hearing. At the hearing, the court may grant the ancillary reliefs order if the terms are in order. If the court grants the ancillary reliefs order, parties may proceed to extract the ancillary reliefs order at the LawNet & CrimsonLogic Service Bureau.
After the ancillary reliefs order has been extracted, and if 3 months have passed since the court granted the Interim Judgment, parties may extract the Final Judgment (Form 12, Family Justice Courts Practice Directions 2024 (DOCX, 36 KB)) to confirm the divorce and conclude all court proceedings.
If a settlement is not possible, the court will ask both parties to prepare and file the First Ancillary Affidavit (Form 15, Family Justice Courts Practice Directions 2024 (DOCX, 304 KB)).
If you are preparing the First Ancillary Affidavit yourself, it should also contain the following supporting documents relevant to the ancillary matters.
Parties will need to pay $0.70 per page, subject to a minimum of $7 to file the First Ancillary Affidavit.
In addition to this fee, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Parties may choose to file their documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file their documents through eLitigation at the LawNet & CrimsonLogic Service Bureau.
You must follow Part 2 of the Family Justice (General) Rules 2024 and the Family Justice Courts Practice Directions 2024 to prepare their documents before heading down personally to do the filing.
If you are representing yourself and unsure of what to say, or need help preparing your First Ancillary Affidavit, you should seek independent legal advice.
The court is not able to provide legal advice or recommend lawyers. Find out where to get help.
Parties will have to exchange their First Ancillary Affidavit within the time period directed by the court. After the exchange, a party may then file and serve on the other party a Second Ancillary Affidavit to answer the matters raised in their First Ancillary Affidavit within 28 days after the date on which the First Ancillary Affidavits were exchanged, or by any other time directed by the court.
If a party finds that they require more documents from the other party that are necessary for the ancillary matters, they may file and serve a Summons for Disclosure (Form 84, Family Justice Courts Practice Directions 2024 (DOCX, 63 KB)) on the other party.
(Only applicable to filings commenced before 15 October) The other party must then serve a Notice in Response to Request for Discovery (Form 234, Family Justice Courts Practice Directions 2015) within 14 days stating which documents they are willing, and not willing, to provide for discovery.The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreFor filings commenced before 15 October 2024 refer to: