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Types of Divorce Proceedings
The type of divorce proceedings depends on whether you and your spouse are able to reach an agreement on the terms of divorce.
Types of Divorce Proceedings
A divorce can proceed either on the simplified track or the normal track.
Simplified Track
You could file your divorce on the simplified track if you and your spouse are able to reach an agreement on the reason(s) for divorce (i.e. mutual agreement, unreasonable behaviour, adultery, desertion, and/or separation) prior to filing the originating application for divorce. You may or may not have reached an agreement on the ancillary matters (i.e. children issues (if applicable), maintenance, division of matrimonial assets).
This is quicker and less costly as compared to a divorce on the normal track. A divorce on the simplified track typically takes approximately 1 month for the Interim Judgment of Divorce* to be granted. You will have to wait for 3 months thereafter before you can apply for the Certificate of Final Judgment. In 2020, 6 out of 10 divorcing couples filed for divorce on the simplified track.
When a Judge of the Family Justice Courts grants your divorce, he or she will hand down an Interim Judgment of Divorce (IJ) which represents the end of the first stage of divorce proceedings. If there has been an agreement on ancillary matters, a consent order will be issued together with the IJ.
If there has not been a full agreement on ancillary matters, they will be dealt at the second stage of divorce proceedings, through mediation and/or an ancillary matters hearing.
After which, the Court will grant you with a Certificate of Final Judgment and this can be extracted three months from the Interim Judgment of Divorce date.
Pause and Reflect
What are the areas of disagreement between me and my spouse?
Would it be possible for my spouse and I to reach an agreement on any or all of those areas before filing for divorce?
Normal Track
If you and your spouse are unable to reach an agreement on the reason(s) for divorce (whether or not you have reached an agreement on the ancillary matters), you would have to file your divorce on the normal track.
A divorce on the normal track may take some time before the matter can be concluded, and can be costly. It can also have a lasting negative impact on children involved.
Sometimes, it may not be possible to reach a full agreement with your spouse on the reason(s) for divorce and all the ancillary matters prior to filing the originating application for divorce. Nevertheless, you may still reach an agreement on the contested issues later in the Court process. If an agreement is reached on any issue, that issue will be regarded as uncontested, and the divorce process can then be shortened.
Almost 9 out of 10 couples who had filed a divorce managed, in the course of the divorce process, to reach an agreement through private negotiations or court mediation and did not need to go through an extensive court trial.
Going through a divorce will almost certainly be painful. A simplified track divorce may help to avoid dragging out the process and leave you more time to focus on yourself and your children.
If, at any time before the divorce is finalised, you wish to change your mind about going through with the divorce process, you may wish to seek legal advice on withdrawing/discontinuing the divorce proceedings.
If court intervention is required, please note that the court adopts a Therapeutic Justice (TJ) approach. For more information on TJ, please click here.
