Are there advantages to having an uncontested Divorce?
- Proceedings in either or both of the 2 stages of a Divorce 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.
- As a trial will require additional time, effort, resources and costs (e.g. personal stress, legal fees) to prepare for and handle, Contested proceedings may be more demanding to conduct compared to Uncontested proceedings.
- With this in mind, you (as well as your children and other concerned family members) may benefit from having Uncontested proceedings and avoiding a trial. By being discussing, negotiating and agreeing with your spouse on how to resolve and deal with the breakdown of the marriage and to deal with the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children), you (and your spouse) would save the time, effort, resources and costs which would otherwise have been needed in Contested proceedings.