If you and your spouse are expected to be separated for some time before a Divorce is eventually obtained, a Deed of Separation will help you both to set clear rules as to how your living and financial arrangements during the ongoing separation will be managed: This will help to reduce potential issues of dispute…
A Deed of Separation can be legally binding on the parties and recognised by the Court. In deciding how much weight will be given to the Deed of Separation during Divorce Proceedings, the Court will consider a number of factors including the following: ○ Whether both you and your spouse had willingly entered into the…
If you and your spouse are considering a Divorce and you are already separated or planning to separate (i.e. living in separate households), you may prepare a document known as a Deed of Separation to help set out the key facts and terms which you have both willingly agreed to in relation to recognising that…
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…
Occasionally, a Divorce can be partially-Contested and partially-Uncontested, such as in the following situations: Uncontested Divorce and Uncontested Ancillary Proceedings: this occurs when your spouse does not oppose your application for a Divorce (i.e. willing to end the marriage) and you are both in agreement as to how the Ancillary Matters should be dealt with…