What are the detailed steps in Stage 2 of a Divorce?
Stage 2 involves the following individual steps:
- In Stage 2, the Court’s aim is to decide on how to handle the Ancillary Matters regarding the Division of Matrimonial Assets and property (e.g. matrimonial home), Custody, Care and Control and Access to the Children, and Maintenance of the Wife and Children. The Court will then issue a Final Judgment if it has decided that the marriage can be dissolved or terminated at the end of Stage 2.
- The Plaintiff and Defendant must submit their written statements or affidavits containing their evidence in support of what they are asking the Court to give them in terms of orders relating to spousal maintenance, custody or children, division of assets and costs. Mediation sessions may also be arranged to help the individuals resolve these issues more amicably.
- They must also respectively file a special Affidavit of Assets and Means in which they declare and disclose all their assets, liabilities, income and expenses. If one person feels that the other is improperly or dishonestly withholding information, he can apply to the Court to make an order to force that person to provide the information, documents or materials required.
- After the parties have filed these affidavits, the Court will decide if the case should be handled in the Family Court or transferred to the High Court. Usually, the case will be handled in the High Court if the net value of the asset exceeds $ 5 million or if the Court feels that the case involves an important question of law or technical or complex issues that can only be handled in the High Court.
- When the choice of Court has been decided, an Ancillary Hearing date is scheduled for the parties or their lawyers to present their written or oral arguments to the Court.
- After all the Ancillary Matters have been concluded, the Plaintiff can proceed to file the necessary papers to extract the Final Judgment Order (provided 3 months have passed since the Interim Judgment was issued).
So, there you have it, some basic information on: What are the detailed steps in Stage 2 of a Divorce