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Divorce Proceedings - Frequently Asked Questions

Q What forms do I need?
ATo start your divorce you need to complete Form 2 - Initial Application Form (Word doc) (PDF). If there are children of the family you also need Form 3 - Statement of Arrangements for Children (Word doc) (PDF). All the forms regarding divorce can be found in the forms section.
Q Where do I get the application forms
A
  • you can download the forms using the links above;
  • or you can collect the forms from the public counter at the Court Office, or
  • you can telephone the Court Office and ask for the forms to be sent to you.
Q What information and documents do I need to complete my application?
AYou will need the following:
  • your own full name and address;
  • your spouse‚Äôs full name and address;
  • a copy of your marriage certificate which is not a photocopy;
  • the names and dates of birth of any living children you have no matter how old they are; and
  • the name and address of any person with whom your spouse has committed adultery, if you wish to name that person in your application.
Q How do I file my application?
AYou can take your application, fee and other documentation to the public counter or send it by post to:
Isle of Man Courts of Justice
Deemsters Walk
Douglas
Isle of Man
IM1 3AR
Q How much will it cost?
AYou should contact the court before you put in your application and staff will advise how much you need to pay. You can pay by cash or card at the public counter, or if you are submitting an application by post you can pay by cheque. All cheques must be made payable to the Isle of Man Government.
Q I can't afford the fee is there anything I can do?
AYou will not have to pay the fee if you are receiving advice from an advocate under the Legal Advice and Assistance Scheme. If you are receiving Isle of Man Income Support or Isle of Man Family Income Support you can make an application for remission from fees. Please note that when applications for remission are considered, in addition to the requirements for financial means assessment, the wider circumstances of the proceedings may also be considered. You should complete Form HCFR01 - Application for Remission of High Court Fees Due to Financial Hardship (Word doc) and send it to the court, with your family application and a letter from the benefits department proving you are claiming benefits. This form will then be considered by the court.
Q What happens after I have filed my application with the court?
A You (the applicant) will usually receive, within 5 working days of receipt, a notification form telling you of the date when the application was sent to the respondant (your spouse). It will also tell you the divorce case number e.g. FAM2012/xxx.

The court will post the following to the respondent :
  • a copy of your application;
  • a copy of the Statement of Arrangements for Children, if applicable;
  • a Form 5 - Notice of Proceedings;
  • a Form 6 - Acknowledgement of Service Form; and
  • guidance leaflet on the Acknowledgement of Service and Statement of Arrangements for Children.
If your application is on the grounds of adultery, the co-respondent will be sent the same information with the exception of the Statement of Arrangements for children. The repondent and co-respondent then have 14 days to return the acknowledgement of service. The 14 days start on the day after they receive the application.
Q How will I know when the respondent (and co-respondent) have responded to the court?
AWhen the respondent and co-respondent (if applicable) file their responses to the court, court staff will send you a certified copy of any statements or attachments received together with a 'application for directions for trial (special procedure)' and a blank affidavit form.

Page last updated on 25 October 2013