Occurs when both parties mutually agree on all aspects of the divorce, including:
Division of assets and debts
Child custody and visitation rights
Child and spousal maintenance (if applicable)
The process is typically faster, simpler, and less costly due to the absence of disputes requiring a lengthy court process.
A settlement agreement is usually drafted, outlining the terms agreed upon by both parties, which is then submitted to the court for approval.
A court appearance may be required; however, if everything is in order, only the plaintiff (the spouse initiating the divorce) may need to appear.
The divorce can often be finalised quickly, usually within a few weeks to a few months.
Opposed Divorce
Occurs when the spouses do not agree on one or more terms of the divorce, such as:
Custody or care of children
Division of assets or property
Payment of spousal or child maintenance
The process is more complex, time-consuming, and expensive due to multiple court hearings and legal interventions.
Both parties typically hire lawyers to represent them in court, with each presenting their case to the judge.
If mediation or negotiations fail to resolve the disputes, the case proceeds to trial, where the court will make final decisions on the contested issues.
The process can take months or even years, depending on the complexity of the disputes and the court’s availability.