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About contested and uncontested divorce hearings

Depending on how the party against whom the matrimonial application for divorce is filed responds, parties will have to attend a contested or uncontested divorce hearing.

  • Depending on the nature of the case, the court may notify parties (or their lawyers, if any) to attend a court session known as a case conference before a date for a contested divorce hearing is scheduled. 
Refer to Proceeding on a contested basis for the steps you need to take and estimated fees before you attend a contested hearing.
Refer to Proceedings on an uncontested basis for the steps you need to take and estimated fees before you attend an uncontested divorce hearing.

Bringing witnesses to court

Parties must notify all their witnesses of the date and venue of the hearing. If a witness does not attend court, their Affidavits of Evidence-in-Chief (AEICs) may be rejected by the court. 

If a witness is unwilling to attend court, parties may request for an order to attend court (Form 101, Family Justice Courts Practice Directions 2024 (DOCX, 82KB)) via eLitigation requiring them to attend court on the specified date and time.

Refer to Arrange for interpretation services if a witness is not comfortable communicating in English.

Arriving for a hearing

If you are representing yourself, on the day of your hearing, you should:

  • Arrive early and find your way to the venue.
  • Confirm your case is heard in the venue you are about to enter. Inform the court officer (if any) before entering.
  • Dress neatly and appropriately when attending court.
  • Speak and conduct yourself in a courteous manner.

Attendance is compulsory

Parties (and their lawyers, if any) will have to attend the hearing. If a party is absent without a valid reason, the court may proceed with the case in their absence. This includes making orders and directions that the court considers appropriate. 

What to expect

Depending on the number of witnesses and the complexity of the case, the whole process may require 1 day to several days.

Parties are expected to take the stand and present evidence at the hearing. The court will then grant an order for divorce known as an Interim Judgment if it is satisfied that the marriage has broken down irretrievably.

Parties may then extract the Interim Judgment (Form 11, Family Justice Courts Practice Directions 2024 (DOCX, 42 KB)) at the LawNet & CrimsonLogic Service Bureau. This is the end of the first stage of the contested divorce process.

The Interim Judgment does not deal with issues about the children, property or maintenance. The court will schedule a date for the parties to attend an ancillary matters case conference to prepare them for an ancillary matters hearing. These issues will be heard during the hearing.

Need help?

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 more

Resources

Refer to:
Legislation associated with this topic includes:

For divorce proceedings commenced on or after 15 October 2024: Refer to Paragraph 18 of the Family Justice Courts Practice Directions 2024 for documents for use in trials of contested matrimonial proceedings under Part 10 of the Women’s Charter. 

For divorce proceedings commenced before 15 October 2024: Refer to Paragraph 18 of the Family Justice Courts Practice Directions 2015 for documents for use in trials of contested matrimonial proceedings under Part 10 of the Women’s Charter. 

Go to Step-by-step guide

Step-by-step guide

2024/11/01

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