Difference between revisions of "Simple Divorce Procedure: Step by Step (3:VI)"

If there are special circumstances such that the parties would both agree to a quick divorce, the respondent can waive the waiting period after service by filing a Response to Family Claim. Both parties would then sign a waiver of appeal. However,waiving the waiting period will only speed up the procedure by a few weeks as the waiting period for appeal period is 31 days.

It should be noted that the Court might not advance the date of divorce merely because of an impending birth or marriage. The Court must be “of the opinion that by reason of special circumstances the divorce should take effect earlier,” and the spouses must agree not to appeal the decision: ''DA'', s 12(2). The courts have interpreted “special circumstances” very strictly, and grant a quick divorce in exceptional cases only, ''e.g.'' where the immigration status of the claimant’s fiancée is in jeopardy. The courts tend not to consider pregnancy or ordinary remarriage to be “special circumstances.”