What does it mean to have a contested divorce?

What does it mean to have a contested divorce?

When one spouse challenges whether the couple should get a divorce or any other reason, you have a divorce dispute. This is referred to as a contested divorce and can take more than 18 months to be resolved. In this situation, spouses disagree about any of these things: Whether to get a divorce.

Can you deny your spouse a divorce?

If your spouse refuses to sign the divorce papers and give consent, you must prove the breakdown of the marriage, such as adultery or physical/mental cruelty. If you can show evidence of this when the court hears your divorce application, then you may be granted a divorce.

Can a divorce be granted without a settlement agreement?

Separated parties can have a property settlement without getting divorced and parties seeking to divorce do not necessarily have to have a property settlement. However, once the divorce is granted a party has 12 months to commence proceedings in the Court for property settlement.