Streamlining Your Divorce: A Simple Guide to Uncontested Divorce
Divorce can be a challenging and emotional process, but if both spouses agree to part ways amicably, an uncontested divorce can offer a faster, less expensive, and less stressful alternative to a contested divorce. This guide will walk you through the steps and benefits of pursuing an uncontested divorce.
What is an Uncontested Divorce?
An uncontested divorce happens when both spouses agree on the terms of their separation without any major disputes. This agreement typically includes decisions about parental responsibilities, asset division, and spousal maintenance. Because both parties are on the same page, the process is simpler and more straightforward compared to a contested divorce.
Steps to Finalise an Uncontested Divorce
1. Negotiating a Settlement Agreement:
Parental Responsibilities: Decide who will be the primary caregiver, how contact with the non-primary caregiver will be managed, major decision-making responsibilities, holiday arrangements, and child maintenance.
Asset Distribution: Agree on how to handle immovable property (e.g., selling or transferring ownership), dividing movable property (e.g., vehicles, household items, pensions), and managing debts.
Spousal Maintenance: Determine if one spouse will pay maintenance to the other, and if so, the amount and duration.
2. Drafting and Issuing Divorce Summons:
Prepare and issue a divorce summons with the settlement agreement as an annexure.
The defendant spouse will be served with the summons at a convenient location.
3. Defendant’s Response:
The defendant will sign a notice indicating they will not defend the divorce.
4. Family Advocate Review (if applicable):
If there are children involved, the settlement agreement will be reviewed by the Family Advocate to ensure it serves the best interests of the children.
5. Court Filing and Hearing Date:
Submit a bundle of documents to the court, request a hearing date, and prepare for the court appearance.
6. Final Court Hearing:
The plaintiff appears in court to briefly testify. The defendant does not need to be present.
The court grants a decree of divorce, and a written copy is provided to both parties a few weeks later.
Benefits of an Uncontested Divorce
- Speed: Uncontested divorces are resolved much quicker than contested ones.
- Cost: Legal fees are significantly lower, saving both parties money.
- Less Stress: The process is more straightforward and less emotionally draining since both parties agree on the terms.
An uncontested divorce is an efficient and less stressful way to end a marriage when both spouses agree on the terms. It simplifies the legal process and helps both parties move forward more quickly and with less costs. If you believe an uncontested divorce is right for you, or if you have any questions, please contact us to schedule a free 15-minute telephone call or a reduced-fee initial consultation. Let us help you navigate this process smoothly and effectively.
