Mcgregor

More than 15 months have passed since the new Matrimonial Proceedings Rules became effective on September 18, 2006. The new rules were touted to herald such significant changes in divorce proceedings that they would bring an end to the criticisms that the process was taking too long, and that it became a more troublesome matter to potential divorcees than the marriage they were seeking to bring to an end.

The news is anything but favourable; and the complaints about the process are resonating along the corridors of the Supreme Court:

It is taking far too long

The rules contemplate that the Registrar of the Supreme Court will stamp and sign the petition before it is returned to the attorney acting for the petitioner for service. The turnaround time between filing the petition and retrieving the signed copy from the registrar can sometimes take more than a month.

There is no way of knowing when an application for decree nisi will come on for hearing

According to the rules, the application for decree nisi is to be placed before a judge for consideration. That judge will then determine whether to grant the application, give directions to the parties, or indicate that they have to attend court for a full hearing.

There is no fixed period within which the application ought to be considered by a judge. In fact, there is no indication as to when a judge will be available to consider divorce petitions. The result is that applications languish for several months before they make their way to a judge's desk.