When can an Uncontested Divorce and a Contested Divorce occur?
LawGuide
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).
The proceedings in either or both of these 2 stages can be Contested (i.e. challenged / disputed) or Uncontested (i.e. unchallenged / undisputed).
Contested proceedings can occur in the following situations:
A Contested Divorce occurs when your spouse does not agree with and wishes to oppose / defend your application for Divorce.
For example, your spouse may wish to remain married to you or he / she may disagree with your grounds and reasons for the Divorce (e.g. he / she does not agree that there was adultery, unreasonable behaviour, desertion or separation)
Contested Ancillary Proceedings occur when your spouse wishes to oppose / challenge your requests or views on how to deal with the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children).
For example, your spouse may disagree with your views on how much maintenance should be paid, how to divide the matrimonial assets or how to resolve the amount of access to the children)
Uncontested proceedings occur when your and your spouse are in agreement as to how to deal with the matter at hand (e.g. whether a Divorce should be granted or how to deal with the Ancillary Matters).
