Divorce Process: Undefended or Defended: Special Procedure List and Defended List
FAQ on Divorce
Divorce Process: Undefended or Defended
Special Procedure List:
After the divorce petition has been filed, but the spouse does not file an Answer. The court will set down the petition in the Special Procedure List. This is called setting the case down.
The Registrar of the Family Court will then give directions for trial. The applying party has to prove the contents of the petition to the Registrar's satisfaction. He will make and file a certificate on being satisfied. Both parties will receive a copy, endorsed with the terms they have agreed.
The advantage of Special Procedure List is the parties need not attend the hearing. The court will grant a decree nisi dissolving the marriage without attendance.
This applies if the respondent has filed an Answer to the petition. The case will be set down in the Defended List. The court will grant a decree nisi dissolving the marriage on satisfying with the evidence. Without sufficient evidence, the court will dismiss the petition.
Many cases got children. The Family Court then has to deal with the question of custody and access.
Besides, if there are applications for ancillary relief by either party, the court will adjourn these matters. The court will hear the parties' arguments in Chambers (not open to the public) with directions for social investigations report and filing of affidavit of means by the parties.