I want to get a divorce - What should I do?

We are currently seeking the views of self-represented customers who have been through the divorce process. It would be appreciated if you could spare a few minutes to complete our survey. Your responses will be considered; feasible reviews and suggestions will be included in an action plan. Here is a link to the survey.

When can I get a divorce?

You can apply for a divorce at any point in your marriage, except in the first year.

How do I start my divorce application?

You need to make sure you have the following forms in order to start your application:-

Form 2 - Initial Application (Word doc) (PDF);
Form 3 - Statement of Arrangements for Children (Word doc) (PDF)

All children under the age of 16, or over 16 if still in full time education, must be declared. This includes children of the family -

You need to complete these forms, make 2 copies (3 if you are naming a co-respondent in the case of adultery) of the Initial Application and 2 copies of the Statement of Arrangements for Children and send the original and copies to the court.

If you need any additional help filling in the application form, please see the ' What do I do with my application?' section.

You can also submit an application for divorce through an advocate.

Will I need an advocate?

It is not always necessary to have an advocate when applying for a divorce order. However, you will find it useful to have taken some legal advice before starting your application if:

you do not know if you have the grounds (reasons) for a divorce;
the respondent is not likely to agree to a divorce;
you have not come to an agreement as to who the children should live with; and
you have not agreed about any financial support for the children or yourself, or not agreed about splitting up any property.

Be aware that courts staff cannot give you any advice about what to put in your application.

How much does it cost?

You should ask a member of the courts staff how much the application will cost or refer to the Fees section..

Do I have to live on the Isle of Man to get a divorce here?

The Isle of Man High Court has the jurisdiction to hear an application for a divorce order if (and only if) either of the parties to the marriage:

is domiciled in the Island on the date when the application was filed; or
was habitually a resident on the Island throughout the period of one year before the date that the application was filed.

Do I have to say why I want a divorce?

Yes. You have to be able to prove to the court that you have valid reasons (grounds) to say that the marriage is at an end. The term the court uses is that the marriage has 'irretrievably broken down.'

What will I need before I start my application?

You will need:

your full name and address;
your husband/wife's full name and address;
both your occupations;
the original or a certified copy of your marriage certificate (NOT a photocopy);
the full names and dates of birth of any living children of the marriage (including adopted children, but NOT fostered children); and
the name and address of any person you are alleging your husband or wife has committed adultery with, if you wish to name them.

Court staff can provide you with information, tell you about court forms and procedures, but they cannot give you legal advice or answer questions like "Should I claim financial support?" or "Do I have proper reasons for divorce?" You should seek legal advice from an advocate.

Courts of Justice