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Contested Divorce

Why would a divorce become contested?

Unfortunately, parties are not always able to work out their differences prior to proceeding with a divorce. In these cases it becomes necessary to look to the Courts to adjudicate on the issues between them.
The issues upon which parties may fail to reach consensus are, among others:

  • Property rights;
  • Contact and Access
  • Rights pertaining to minor children;
  • Maintenance;
  • Division of debts;
  • Rights to pension funds;

What does a contested divorce entail?

In a contested divorce, parties are usually not in agreement as to their respective rights and responsibilities. It is for this reason that the Courts are approached in order to decide on these issues. Because there are numerous issues that need to be dealt with, there are various different processes which are available to the parties. Depending on the issues between the parties, there are many processes that may be followed and Courts that may be approached, including:

  • Children’s Court;
  • Rule 43 Court (A Rule 43 Order is an interim order which stands until the divorce proceedings are finalised);
  • Maintenance Court;
  • Domestic Violence Court;

Because there are so many facets to deal with in a divorce, it is imperative that prospective divorcees make sure that they are advised correctly through this technical procees.

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Contested Divorce

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