It is possible to proceed with the application of divorce in the Family Court. However, this process might be more costly and complicated as the Court would still require the divorce papers to be served to the other party.
The Court might decide the case without you being present and some of the terms, such as the custody of the children, maintenance and division of matrimonial assets might not be in your favour. These terms that were spelt out during the court hearings are legally binding and one has to abide by them. Hence it is advisable to attend these court sessions.
One has to follow proper procedures when opposing the Writ for Divorce. One has to be clear whether one wants to remain married to his or her spouse, or if one disagrees on ancillary matters such as child custody, maintenance and the division of matrimonial assets.
If one wishes to remain married, one must file a Memorandum of Appearance and a Defence.
If one disagrees on the ancillary issues, one solely needs to file the Memorandum of Appearance, stating which issues you disagree on. The filing of Affidavit of Assets and Means will be done at the Ancillary Matters Pre-Trial Conference after the Interim Judgement.
Yes it is possible. Before proceeding with any court hearings, a counselling session and resolution conference will be held to allow both parties to reach an agreement where both parties would accept. It requires compromise on both sides but it usually results in a win-win situation compared to a divorce where one party has to be the loser.
If both parties are willing to persevere and work on their marriage, they could consult a professional marriage counsellor. They could also enrol in programmes conducted by MYCS to promote healthy marriage.
One could settle for a Deed of Separation if both parties do not wish to live with one another anymore.
One could file for a divorce by oneself. However, one will be required to undertake the entire divorce proceedings by oneself, including the filing of documents and representing oneself by a divorce lawyer in Court. It is not advisable to do so as one would not have any legal advice during the process. Moreover, one would be both physically and emotionally exhausted to represent oneself accurately and fully in Court.
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