Contested and Uncontested Divorce
Parties to divorce proceedings may enter into a settlement agreement at any time before or during the divorce proceedings (whether summons has been issued or not), agreeing on all aspects relating to the dissolution of their marriage, which will include:
- Division of assets;
- Custody (care) of minor children;
- Maintenance of minor children;
There will be no formal trial (with examinations of parties by opposing legal representatives) and only one party is required to appear in court on the day of the divorce.
A divorce can also be finalised on an uncontested basis if your spouse (as the Defendant) failed to enter an appearance to defend within 10 (ten) days after the Sheriff has personally served him or her with the divorce summons. In such an instance you (as the Plaintiff) may proceed to enrol the divorce as an uncontested divorce on the court roll based on the fact that your spouse did not enter an appearance to defend the divorce.
It is important that, when you receive a divorce summons from your spouse and you do not agree with your spouse’s claims, you defend the summons timeously and within the 10 (ten) day period mentioned hereinabove.