Special Procedure List
If you have petitioned for divorce. Your spouse does not file an answer. The court will set down the petition in the Special Procedure List.
The Registrar of the court will then give directions for trial. You have 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 parties do not have to attend the hearing. The court will grant a decree nisi dissolving the marriage.
Defended List
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 evidene, the court will dismiss the petition
If the parties have children, the court 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' arguements in Chambers (not open to the public) with directions for social investigations report and filing of affidavit of means by the parties where appropriate.
Advice:
Divorce applications are often predicted. Few people argue in court to resist an order. If you do not wish to be caught by your spouse's surprise, discuss and have consensus with your spouse before you make the petition. If you have children and you wish to complete the absolute process fast, you should endeavour to agree with your spouse on the children's arrangement.
