Do I have to go to court?

The short answer

Every divorce goes through the Family Justice Courts, but that doesn’t always mean standing in a courtroom. On the simplified track, the court says parties and their lawyers are not required to attend the uncontested divorce hearing. Where you don’t agree, there are more steps, which may include mediation, case conferences and hearings.

Two tracks: simplified and normal

• Simplified track: for cases where you and your spouse agree on the divorce before the application is filed. (For applications filed from 15 October 2024, you don’t need to have agreed on every ancillary matter as well. Applications filed before that date needed agreement on both.)
• Normal track: for cases where you can’t agree on the divorce before filing.

Simplified track, step by step

1. Prepare the application. It sets out your details, any children, the facts showing the marriage has irretrievably broken down, and what you’re asking for on the ancillary matters.
2. File it through eLitigation or the Divorce eService.
3. Serve it on your spouse and file an affidavit of service within 14 days of filing.
4. Uncontested hearing. The court sends a notice with a hearing date, scheduled within 4 to 6 weeks. You don’t need to attend, and members of the public can’t attend.
5. Interim Judgment. If the court is satisfied the marriage has irretrievably broken down, it grants an Interim Judgment. If you’ve agreed on ancillary matters, the court may record your agreement as a consent order.
6. Final Judgment. This can be extracted 3 months after Interim Judgment, or once all ancillary matters are resolved, whichever is later.

Normal track: what’s different

• After filing and service, if your spouse doesn’t file a notice to contest, the court gives directions on how the case will proceed.
• You may be asked to complete a Joint Triage Checklist, an online questionnaire that helps the court understand your family’s situation.
• Depending on your spouse’s response, the court schedules a contested or uncontested divorce hearing.
• Ancillary matters you can’t agree on go to a case conference, then an ancillary matters hearing.
• If you disagree with the orders on ancillary matters, an appeal to the Family Division of the High Court must be filed within 14 days of the order.

Where mediation fits in

If you have a child under 21, the court will generally direct you and your spouse to attend mediation and counselling at the Family Dispute Resolution Division of the Family Justice Courts. The aim is to help you reach agreement, particularly on arrangements for your children, without a contested hearing.

Separately, if you have a child under 21, both of you generally need to complete MSF’s Mandatory Co-Parenting Programme before filing.

Do I need a lawyer?

The courts say you do not need a lawyer in a divorce case, though you may choose to engage one for independent legal advice on your case or the process. Court staff can’t give legal advice.

Two things people often miss

• You’re still married until Final Judgment. You can’t remarry until Final Judgment has been granted.
• Don’t leave it too long. If more than a year has passed since Interim Judgment, you need the court’s permission to extract Final Judgment.