Unopposed / Uncontested Divorce
The fastest and most cost-effective divorce is one in which both spouses agree to the terms of the divorce regarding the division of property, primary residence of children, contact rights in respect of children and spousal maintenance.
A settlement agreement will be drafted to give effect to the terms of the divorce. If minor children are born from the marriage, the settlement agreement and parenting plan must be endorsed by the Family Advocate before the court will consider granting a decree of divorce with the incorporation of the settlement agreement.
The court will not be required to make decisions over disputed issues as in the event of a contested or opposed divorce. The process is relatively fast and can be finalised within 1 – 2 months depending on the availability of dates on the relevant court roll.
On the date of hearing, only the Plaintiff will appear in court. The Plaintiff will give brief evidence regarding the marriage, children, breakdown of the marriage and the terms of the settlement agreement.
If you and your spouse decided to divorce on amicable terms, contact B Gouws Inc. Attorneys to assist you in the fast and effective finalisation of your divorce.
Opposed / Contested Divorce
A contested divorce is when one or both spouses contest (dispute) some aspect of their divorce.
When spouses cannot agree to one or more of the terms of the divorce, the normal litigation process will be followed whereby the case will eventually go to trial and the court will be required to make decisions over the issues in dispute.
The most significant difference between an uncontested divorce and a contested divorce is that the proceedings take much longer to complete and involves greater stress and increased legal fees.
With a contested divorce, spouses will have to go through the process of litigation before the divorce is finalised, including:
-
The divorce summons must be issued by the court and sent to Sheriff for personal service.
-
Once the summons is served, the defendant may, within the period stated in the summons, defend the action by delivering to the registrar and serving on the Plaintiff their notice of intention to defend.
-
After service of the notice of intention to defend, the Defendant must, within 20 court days, deliver a plea with or without a counterclaim.
-
If Plaintiff intends to defend the counterclaim, he/she must deliver a plea to the counterclaim within 15 court days.
-
Once pleadings are closed, the parties will deliver their discovery notices.
-
A pre-trial conference must be held before the presiding officer with purpose of narrowing the issues in dispute.
-
After the conclusion of the pre-trial conference, the Plaintiff will apply for a trial date and subsequently set the matter down for hearing.
-
On the date of trial, each party will get the opportunity to present their case and give evidence in support thereof. Judgment will be handed down by the presiding officer.
Get in touch with B Gouws Inc. Attorneys today to find out how our attorneys can help you with your divorce.
