Did you know that divorce doesn’t have to be a long, messy court battle? Scorpion Legal Protection explains the step-by-step process of uncontested divorce.
What is an uncontested divorce?
An uncontested divorce, also known as an unopposed divorce, refers to a divorce where both parties agree to the terms of the divorce without any disputes. This means that both spouses agree to the terms of the divorce settlement, such as the division of assets, child custody, and financial support arrangements.
Step-by-step legal process of an uncontested divorce
An uncontested divorce is typically quicker and more straightforward than a contested divorce, as it does not require a trial in court. Here is what generally happens:
- You find a lawyer or a legal service provider to assist you with the process.
- Draft a settlement agreement that outlines the terms of the divorce. The document should cover all the aspects of your divorce, including any child custody arrangements, spousal maintenance payments, and division of assets and liabilities.
- Once the settlement is drafted, your lawyer will file a summons at the High Court. This summons is a legal document that initiates the divorce process and sets out the terms of the settlement agreement.
- Wait for a court date. Usually, this process takes between 4-6 weeks, but the exact timeline will depend on the workload of the court.
- On the day of the court hearing, both parties will need to appear before a judge/magistrate, who will take note of the settlement agreement and any other relevant documents.
- If the settlement agreement is found to be reasonable and fair by the judge/magistrate, the divorce will be granted. This means that the court will issue a court order, which legally dissolves the marriage.
Although the process is relatively straightforward, it still requires you to read and understand a number of different forms, which will probably include fairly in-depth financial disclosures by each party. If this idea is intimidating, it may be wise to contact an attorney to assist with the process. If you are a Scorpion member, you will have peace of mind because Scorpion’s Specialist Uncontested Divorces Division offers members expert guidance throughout the process.
You may also be interested in:
No seeing my child if I can’t pay maintenance
Living together unmarried, what are your rights?
Marriage contracts: pros and cons
*This is basic legal advice only and should not be relied on solely. Information is correct at the time of publication.