Appeals

Printer-friendly version

The 30 day period between when your orders are issued and when your Certificate of Divorce is issued is an appeal period. This means that during this time, one of the spouses can file an appeal with the Court of Appeal if they believe the law was not applied properly by the judge in the case. You do not file an appeal simply because you do not like the order the judge made, or because you’ve changed your mind and no longer want to be divorced. Appeals generally do not apply to divorces started by an Application for Divorce by Written Agreement or a Joint Application for Divorce, because the parties decided everything, not the judge.

Appeals are rare, and are very difficult court applications to make. If you believe you have grounds to apply for an appeal, you should speak with a lawyer.

In most cases, you can’t waive the 30 day appeal period. This appeal period can only be waived in very rare situations, such as when one of the spouses is terminally ill and is likely going to die before the divorce would normally be finalized.

A request to waive the appeal period requires that several additional documents be filed, including undertakings and affidavits by both parties. It is up to the judge to determine if the appeal period is going to be waived, when this is requested.

A pending remarriage is not a good reason to request a waiver of the 30 day appeal period, and will not likely be granted.