What happens after all the documents are filed?

Directions for Trial (special procedure) Undefended applications

If the respondent has submitted their acknowledgement of service form stating that they do not intend to defend the case, the court will send you an Application for Directions for Trial (Special Procedure).

If the respondent is not going to defend your application, you should then submit the application for directions for trial (special procedure) along with your affidavit of evidence.

The court will give directions for trial if it is satisfied that:

• a copy of the application and any subsequent pleading has been duly served on every party; and
• if no notice of intention to defend has been given, that the time limit for giving such notice has expired.

What goes in the Affidavit of Evidence?

Where the respondent has chose not to defend the application, or consents on the 2-year separation rule, unless otherwise directed, there must be an affidavit of evidence submitted with the application for directions for trial. This affidavit must contain information required by Form 7 - Affidavit by Applicant in Support of Application Under S.2 (2) (different form depending on what grounds you applied for divorce on): together with correlative evidence on which you intend to rely. This is to verify the contents of any statement of arrangements that you have filed.

• Adultery (Word doc) (PDF);
• Behaviour (Word doc) (PDF);
• Desertion (Word doc) (PDF);
• 2 Years Separation (Word doc) (PDF); or
• 5 Years Separation (Word doc) (PDF).

This affidavit needs to be sworn. This can be done either through an advocate, or at the public counter in the courthouse. Be aware that there is a fee for having an affidavit sworn. Any additional documents that you intend to use as evidence (known as exhibits) also need to be sworn.

The Chief Registrar will then enter the proceedings on the ‘special procedure list’.