This page describes the process for a divorce application on a normal track.
Refer to File a divorce application (simplified track) if you and your spouse can reach an agreement on the divorce and all ancillary matters before filing the divorce papers.
The ancillary matters process is the second stage of the divorce process which takes place after the Interim Judgment is granted if there is no agreement between the parties on the ancillary matters.
The purpose of an ancillary matters case conference is to prepare parties for the ancillary matters hearing. Depending on the complexity of their case, parties may have to attend multiple ancillary matters case conferences.
In general, the court will send a Registrar's Notice to notify parties (or their lawyers, if any) on details of the ancillary matters case conference within 1 month after the Interim Judgment is granted.
Only those directly involved in the matter can attend the ancillary matters case conference. Members of the public are not allowed to attend.
If you have a lawyer, you do not have to attend the ancillary case conference yourself. Similarly, if the other party has a lawyer, their lawyer will attend the ancillary case conference.
If you are representing yourself, on the day of your ancillary case conference, you should:
You should also prepare in advance before attending an ancillary matters case conference. This is because the court may ask questions on any of the following:
If a settlement is possible, the court may refer parties for mediation and counselling at the Family Dispute Resolution Division (FDR Division) of the Family Justice Courts (FJC).
If the parties manage to reach an agreement on the ancillary matters, the court will give directions to prepare a draft consent order. The draft consent order should be filed through eLitigation at least 5 working days before the next court appearance.
The court will then schedule for the matter to be heard at an administrative hearing. At the hearing, the court may grant the consent orders if the terms are in order. If the court grants the consent order, parties may proceed to extract the consent order at the LawNet & CrimsonLogic Service Bureau.
After the consent order has been extracted, and if 3 months have passed since the court granted the Interim Judgment, parties may extract the Certificate of Final Judgment to confirm the divorce and conclude all court proceedings.
If a settlement is not possible, the court will ask both parties to prepare and file an Affidavit of Assets and Means (AOM) (Form 206, FJC Practice Directions).
If you are preparing the AOM yourself, it should also contain the following supporting documents relevant to the ancillary matters.
Parties will need to pay $0.70 per page, subject to a minimum of $7 to file the AOM.
In addition to this fee, there are also other fees payable to the LawNet & CrimsonLogic Service Bureau.
Parties may choose to file their documents personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.
If you are representing yourself, you must file their documents through eLitigation at the LawNet & CrimsonLogic Service Bureau.
If you are representing yourself and unsure of what to say, or need help preparing your AOM, you should seek independent legal advice.
The courts are not able to provide legal advice or recommend lawyers. Find out where to get help.
Parties will have to exchange their AOMs within the time period directed by the court. After the exchange, a party may then file and serve on the other party a reply affidavit to answer the matters raised in their AOM within the time period directed by the court.
If a party finds that they require more documents from the other party that are necessary for the ancillary matters, they may file and serve a Request for Discovery (Form 233, FJC Practice Directions) on the other party.
The other party must then serve a Notice in Response to Request for Discovery (Form 234, FJC Practice Directions) within 14 days stating which documents they are willing, and not willing, to provide for discovery.
Once all matters have been dealt with, the court will schedule a date for the ancillary matters hearing.