How do I make the Provisional Order final?

After you have been issued with your provisional decree, you must wait at least 6 weeks before applying to make it final (unless the court has made a special order allowing you to apply sooner).

How do I apply to make the provisional order final?

You need to get Form 9 - Application For Provisional Order To Be Made Final (Word doc) (PDF) and submit it to the court.

When the court receives your application, the Chief Registrar will search the court records to make sure he is satisfied that:

• there has been no application for revocation, re-hearing, appeal from the respondent, or the dismissal of an application is still pending;
• no order extending the time for an application to the Staff of Government Division (appeals) to appeal against the order or a dismissal of the order;
• no application from the above still pending;
• the court has complied with s 25(1) of the Matrimonial Proceedings Act 2003 (orders affecting children); and
• that the court has complied with s.9 of the 2003 Act (special protection for respondent in 2 or 5 year separation cases).

How long have I got to submit my application?

You have up until 12 months after your provisional order is issued to apply for it to be made final. If you apply after 12 months you must:

• give reasons for the delay;
• state whether you and the respondent have lived together in the last 12 months;
• state whether or not the wife has given birth to any child since the provisional order was issued, whether or not it is a child of the family.

When the Chief Registrar is content, he will issue a final order, which will include a statement of the precise time it was issued, and will then send both you and the respondent a certified copy. A copy will also be kept on file.

Any additional copies of the final order can be obtained for a fee from the General Registry.