What is a matrimonial application for divorce on a simplified track

Parties may file a matrimonial application for divorce on a simplified track in the following situation:

  • They agree that the marriage has irretrievably broken down but cannot agree on the ancillary matters. 
  • They agree that the marriage has irretrievably broken down but can agree on all the ancillary matters. 

“Ancillary matters” mean the children's care arrangements (if applicable), maintenance and the division of matrimonial assets. 

A divorce application on a simplified track may take about 4 months to conclude.

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

This is the process of filing for a divorce on the simplified track.

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

Your spouse is the respondent or defendant.

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 divorce and the ancillary matters relating to the divorce you have to consider.

Start divorce proceedings

File and serve documents

Divorce proceedings start when you file the necessary documents with the Family Courts.

After request for a trial or hearing date

At an uncontested divorce hearing

If your documents are in order, the court will schedule an uncontested divorce hearing once a request for a trial or hearing date is made (Form 2). The court may grant the divorce at the hearing on the terms agreed between you and the respondent. You, the respondent and your lawyers (if any) are not required to attend the hearing.

2024/11/06
Note

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

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

Resources

Refer to:

Legislation associated with this topic includes:

For filings commenced on or after 15 October 2024, refer to Part 2 of the Family Justice Courts Practice Directions 2024 for proceedings for the dissolution of marriage under Part 10 of the Women’s Charter. 

For filings commenced before 15 October 2024, refer to Part IV of the Family Justice Courts Practice Directions 2015 for proceedings for the dissolution of marriage under Part 10 of the Women's Charter. 


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