Contested and Uncontested Divorce Proceedings

Here are some things you should know about contested and uncontested Divorce proceedings:

What are the differences between a Contested Divorce and Uncontested Divorce?

• Divorce proceedings can either be Contested (i.e. challenged / disputed) or Uncontested (i.e. unchallenged / undispute
• Contested proceedings can occur in the following situations:
  • A Contested Divorce occurs when the applicant’s spouse does not agree with and wishes to oppose / defend the application for Divorce
    • For example, the applicant’s spouse may wish to remain married to the spouse or the applicant’s spouse may disagree with the applicant’s grounds and reasons for the Divorce (e.g. the spouse does not agree that there was adultery, unreasonable behaviour, desertion or separation)
  • Contested Ancillary Proceedings occur when the applicant’s spouse wishes to oppose / challenge the applicant’s requests or views on how to deal with the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)
    • For example, the applicant may disagree on how much maintenance to pay, how to divide the matrimonial assets or how to resolve the amount of access to the children)
  • Uncontested proceedings can occur in the following situations:
    • An Uncontested Divorce occurs when the applicant’s spouse agrees with and does not oppose the application for Divorce
  • Occasionally, a Divorce can be partially-Contested and partially-Uncontested, such as in the following situations:
    • Uncontested Divorce and Contested Ancillary Proceedings: the applicant’s spouse does not oppose the application for a Divorce (i.e. willing to end the marriage) but wishes to oppose / challenge the applicant’s requests or views on how to deal with the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)
    • Contested Divorce and Uncontested Ancillary Proceedings: the applicant’s spouse wishes to oppose / challenge the application for a Divorce (i.e. not willing to end marriage) but does not oppose / challenge the applicant’s requests or views on how to deal with the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)

What are the benefits of having an uncontested Divorce?

• Contested proceedings are more demanding to conduct compared to Uncontested proceedings because they involve more time, effort, resources and costs (e.g. personal stress, legal fees)
• With this in mind, parties (and their children) can benefit from saving the time, effort, resources and costs involved in Contested proceedings if they are able to discuss and agree 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)