Filling in my Application and filing it with the court.

To begin divorce proceedings you will need:

• 2 (3 if alleging adultery) copies of Form 2 - Initial Application (Word doc) (PDF); and
• 2 copies of Form 3 - Statement of Arrangements for Children (Word doc) (PDF).

Accompanying your forms there should be a guidance booklet to help you complete them. If you do not have the guidance notes, it can be found online here.

Initial Application

What will I need to include in my application?

• your full name and address;
• your husband/wife's full name and address;
• your and your husband/wife's occupation;
• whether or not the court has jurisdiction (domiciled or habitually resident on the Isle of Man);
• the grounds for your divorce application (adultery, unreasonable behaviour etc) with a brief statement outlining the grounds. The court will not say the marriage has 'irretrievably broken down' unless you can prove one of the following facts:
  • the respondent has committed adultery and you find it intolerable to live with them;
  • the respondent has behaved in such a way that you cannot reasonably be expected to live with them;
  • the respondent has deserted you for a continuous period of at least 2 years before applying for a divorce;
  • both parties have lived apart for a continuous period of at least 2 years (2 years separation), and the respondent consents to a divorce: or
  • the parties have lived apart for a continuous period of at least 5 years before applying for a divorce.
• the full names and dates of birth of any living children of the marriage (including adopted children, but NOT fostered children), no matter their age; and
• the name and address of any person with whom your husband/wife has committed adultery with (the co-respondent), if you wish to name them.

You will also need the original or a certified copy of your marriage certificate, not a photocopy, and the court fee.

You must also decide what you wish to apply for, whether it be just simply having the marriage ended (dissolved) or you wish to apply for any financial provision (e.g. maintenance). Note that applications for financial provision for you and any children are dealt with as separate applications. You need to submit separate application forms for these. More information about financial provision applications can be found here.

If a question on the form has multiple options, rule out the ones that do not apply to you, or that you do not wish to choose.

Statement of Arrangements for Children

This form sets out the current, and any future arrangements for any children under the age of 16, and between 16 and 18 if still in full time education.

You must also state if there is a maintenance order in force and if you will be applying for a court order regarding maintenance for the children.

It is always best if you and your spouse can agree arrangements for any children without the need for a court order. It will save time and money as well as providing a more amicable settlement for the children.

Note this is only a statement, not an application.

What happens when I have given/sent the forms to court?

When the court receives your completed application, it will process it and send a copy of it to the respondent (and co-respondent if you are claiming adultery).

If there is a mistake or a problem with your application, the court will contact you and your application will be returned to be amended. To avoid this make sure you fill the forms in carefully.

Some common mistakes you should avoid are:

• spelling names differently on any certificates and the application form;
• incorrect dates of birth or names of the children; and
• not completing all the questions.

Taking the time to fill in the form correctly will save a lot of time.

How will I know when the respondent receives the application?

The court will send you/your advocate a certified copy of the respondent’s acknowledgement of service form as soon as it is received, along with the forms for the next stage.