There are two types of divorce readily available in all provinces: contested and uncontested divorce. The time necessary to get a divorce, waiting intervals between filing an initial request and receiving the last divorce decree, separation prerequisites, residency requirements, legal costs, and court charges may vary by jurisdiction and which type of divorce will be filed. Therefore, separating couples coming to a divorce must educate themselves about the differences between the two divorce kinds.
The contested divorce is the type in which the spouses can’t arrive at a compromise or agreement specific to issues relating to the dissolution of their marriage. When spouses can’t arrive at an agreement, in spite of the help of their legal Counsel (if any), then they need to approach a Court to adjudicate their dispute. Contested divorces are commonplace today, particularly as there are so many distinct issues to solve during the course of ending the marriage.
The typical hot-button issues requiring resolution during the course of a contested divorce comprise sensitive issues like contact and care of the minor child, maintenance pertaining to the minor child, property division, asset division, debt allocation, spousal financial support, pension fund redistribution.
Uncontested divorces are often referred to as simple divorces. An uncontested divorce culminates when the couple agrees with the issues in dispute, where after they resolve these issues effectively before terminating their marriage union, leaving nothing to the effect which may be disputed or unresolved. This sort of agreement is not necessarily equated to having an amicable divorce, however, it goes a long way to resolving issues which are in dispute. It therefore means that all contested issues/items as indicated above are settled by means of a written settlement agreement drawn up by one of our expert Attorneys. This settlement agreement is then made an order of Court on the day of your divorce.
Most couples would likely state a preference for a uncontested divorce due to its speed, simplicity, privacy and inexpensiveness. The efficiency and cost saving of an uncontested divorce would be the major benefits highlighted by the majority of divorcing couples. It is of the utmost importance that an Attorney drafts your settlement agreement so as to ensure that it is made an order of Court on the day of your divorce and to further ensure that there are no issues which can return after the divorce has been granted. It is important to efficiently and effectively deal with your divorce once and for all, in order to move forward with your life post-divorce proceedings.
Once the Parties have entered into a settlement agreement, the agreement is sent to the office of the Family Advocate. This organisation then thoroughly peruses the contents of the settlement agreement specific to any minor children. The office of the Family Advocate will ensure that the agreement which our offices have drafted complies with the Children’s Act 38 of 2005. Once the office of the Family Advocate is satisfied that our agreement is compliant, their office endorses the agreement and supplies the Court with written consent thereto. The next step in the proceedings is for one of our Attorneys to apply to Court for your uncontested divorce date upon which ourselves will accompany you to Court, we will then request that an order for divorce be granted whereby your settlement agreement is incorporated therein, as an order of Court.