What is the difference between an Uncontested Divorce and a Contested Divorce?
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).
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.
