What is the difference between an Uncontested Divorce and a Contested Divorce?
- The Divorce process generally involves the following 2 stages:
- Stage 1: the Court will determine whether a Divorce should be granted by considering whether there has been an irretrievable breakdown of the marriage through adultery, unreasonable behaviour, desertion or separation.
- Stage 2: the Court will determine how to deal with all other key issues resulting from the Divorce (also known as Ancillary Matters) such as:
- Maintenance of the wife and children (e.g. financial support).
- Custody, care and control of as well as access (e.g. visitation rights) to the children.
- Division of the matrimonial assets (e.g. matrimonial home).
- Either or both of these 2 stages can be Contested (i.e. challenged / disputed) or Uncontested (i.e. unchallenged / undisputed)
- If the proceedings are Uncontested, this means that you or your spouse accept the key facts which the other party is relying on and accept the key requests / demands which the other party is requesting for.
- This would mean that the documents, information and evidence that you have presented to the Court can be accepted without a separate Court hearing (known as a trial) being held for the Court to decide whether to accept your version of events or your requests.
- However, if the proceedings are Contested, this means that you or your spouse challenge / dispute key facts which the other party is relying on or the key requests / demands which the other party is requesting for.
- This would mean that the Court would need to conduct a trial to decide whether to accept your version of events or your requests by considering the documents, information and evidence that you and your spouse have presented to the Court.
