When will the provisional order be made final?

The applicant can apply to have the provisional order made final from 6 weeks after the date of issue. If they have not applied after 3 months from the date of issue, you can then apply.

How do I apply to make the provisional order final?

You need to get a copy of 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;
• it has been 3 months since the provisional order was made;
• 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; and
• that the court has no revoked the order under S9 (2) to (4) of the Act

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 applicant 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.

The Deemster may ask you to submit an affidavit if he/she feels that your reasons are not acceptable. You should note that the second and third point could result in the provisional decree being nullified, and you having to start the divorce process from the initial application stage again.

When the Chief Registrar is happy, 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.