All your friends tell you that their divorce took them only 3 months.
Is this correct?
The truth is:
- probably not.
- The Women's Charter does not allow the Court to immediately grant you a Final Judgment for Divorce.
- It requires the Court to initially ("in the first instance") issue you with an Interim Judgment.
- Not only that, the Women's Charter also prohibits the Court from granting you the Final Judgment "before the expiration of 3 months" from the date of the Interim Judgment unless the Court fixes a shorter time period. In other words, the Court can grant you the Final Judgment only 3 months after the Interim Judgment -- unless there are sufficient reasons for the Court to fix a shorter time period.
- Sufficient reasons for the Court to fix a time period shorter than 3 months include:
- the wife is pregnant with a third party's child and they are in a hurry for the divorce to be completed in order get married before the child is born; or
- a third party is pregnant with the husband' child and they are in a hurry for the divorce to be completed in order get married before the child is born.
- Based on the above reasons, Lam & Co. has managed, in the appropriate cases, to persuade the Court to reduce the 3 month period to just a week or a month.
- The following is unlikely to be a sufficient reason for the Court to fix a significantly shorter time period:
- you and your spouse have already separated for more than 3 years (or more) and there is no likelihood of reconciliation and so, there is no reason to wait.