What is a matrimonial application for divorce (normal track)

Parties may proceed to file a matrimonial application for divorce on a normal track if they have not been able to agree on the fact that the marriage has irretrievably broken down.

A matrimonial application for divorce on a normal track has 2 stages as follows:

  • The first stage deals with the divorce.
  • The second stage deals with the ancillary matters.

A matrimonial application for divorce on a normal track may take 12 to 18 months to conclude, is much more expensive compared to a matrimonial application for divorce on a simplified track and comes at great personal cost to everyone involved.

It is therefore best for parties (and their children) if they can agree on how to move forward with a divorce.

File a matrimonial application for divorce (normal track) step-by-step

If you are filing the matrimonial application for divorce, you are the applicant or plaintiff.

Your spouse is the respondent or defendant. Refer to Respond to a matrimonial application for divorce (normal track) instead if you have been served with a matrimonial application for divorce.

Before filing

Understand the requirements for divorce

Find out if you are eligible to file for divorce in the Family Courts, the facts you can rely on in support of your application and the ancillary matters relating to the divorce.

Start divorce proceedings

File and serve documents

Divorce proceedings start when you file and serve the necessary documents on the respondent. If the respondent does not file a notice to contest, the court will give further directions to manage the divorce proceedings.

Submit Joint Triage Checklist

You will be notified by the court to submit a Joint Triage Checklist. This is an online questionnaire which serves to help the court better understand your family’s current situation.

After request for a trial or hearing date

Request for a trial or hearing date

You must inform the court that your matrimonial application is ready for hearing by filing a request for a trial or hearing date. Form 6, Family Justice Courts Practice Directions 2024 must be used.

After the case is set down

At a divorce hearing

Depending on how the respondent replies to the matrimonial application for divorce, the court will schedule a contested or uncontested divorce hearing. If the court grants the divorce at the hearing, you will then extract the Interim Judgment.

Attend mediation and counselling, if required

The court will direct you and the respondent to attend mediation and counselling at the Family Dispute Resolution (FDR) Division if you have any child under the age of 21.

Going to court for ancillary matters proceedings

Attend an ancillary matters case conference

The second stage of your divorce case takes place when the court schedules a case conference for the ancillary matters that you and the respondent cannot agree upon.

At an ancillary matters hearing

Once all the necessary documents are filed, the case will proceed for an ancillary matters hearing.

After the court makes the orders for ancillary matters

File an appeal, if needed

If you are not satisfied with the orders made by the court during the ancillary matters hearing, you may file an appeal to the Family Division of the High Court within 14 days of the date of the order.

2024/11/06
Note

You do not need to have a lawyer in a divorce case. However, you may choose to engage one if you need independent legal advice on the merits of your case or the divorce process.

The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.

Resources

For filings commenced on or after 15 October 2024, refer to:

Legislation associated with this topic includes:

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