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

Contested Divorce vs Uncontested Divorce

• Divorce Court cases can either be Contested (i.e. opposed or disputed) or Uncontested (i.e. unopposed or undisputed)
• Contested Court cases can take place in the following situations:
  • A Contested Divorce occurs when your spouse disagrees with and wishes to oppose or defend the application for Divorce
    • For example, your spouse can want to remain married, or your spouse can disagree with your grounds and reasons for the Divorce (e.g. your spouse disagrees that there was adultery, unreasonable behaviour, desertion or separation)
  • Contested Ancillary Court Proceedings take place when your spouse wishes to oppose or challenge your requests or views on how to handle the Ancillary Matters (e.g. Maintenance, dividing matrimonial assets, Children)
    • For example, you can disagree on how much Maintenance to pay, how to divide the matrimonial assets or how to work out the amount of Access to the Children)
• Uncontested Court cases can take place in the following situations:
  • An Uncontested Divorce occurs when your spouse agrees with and doesn’t oppose the application for Divorce
• Sometimes, a Divorce can be partially Contested and partially Uncontested, such as in the following situations:
  • Uncontested Divorce and Contested Ancillary Court Proceedings: your spouse doesn’t oppose the application for a Divorce (i.e. willing to end the marriage) but wishes to oppose or challenge your requests or views on how to handle the Ancillary Matters (e.g. Maintenance, dividing matrimonial assets, Children)
  • Contested Divorce and Uncontested Ancillary Court Proceedings: your spouse wishes to oppose or challenge the application for a Divorce (i.e. not willing to end the marriage) but doesn’t oppose or challenge your requests or views on how to handle the Ancillary Matters (e.g. Maintenance, dividing matrimonial assets, Children)