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.

What happens when one party refuses divorce?

The Court can grant a divorce order, even if the spouse refuses to sign any documents. If the responding spouse does not attend the hearing, the Court may finalise the divorce application in their absence. Otherwise, the spouse may ask the Court to appear by telephone.

What should a divorce settlement agreement include?

What should I include in a divorce settlement agreement? Your divorce settlement agreement should cover everything that is important to you, including custody of your children, child support payments, alimony, and the separation of your property, such as your family home, vehicles, and other assets.

How do you enforce a divorce settlement agreement?

To enforce an agreement or liability, you must first get a court order. If under your financial orders you need a document to be signed (for instance, to transfer money or to sell property) and the payer refuses to sign it, you can ask for an order that the court appoint a person to sign the document/s on their behalf.

Is a divorce settlement agreement binding?

Family Law Separation Agreements. A separation agreement is a legally binding document that formalises your property settlement. As a separation agreement is legally binding, each party must carefully consider their options and what is in their best interest prior to signing a separation agreement.