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Contested Divorce

Contested or opposed divorce - where the parties cannot agree at the outset, regarding the terms of divorce, obviously a Settlement Agreement will not be signed and to kick start the divorce, divorce Summons will have to be issued by one of the parties, acting as Plaintiff and then served on the Defendant party.

A divorce can be opposed if the other party does not agree that the marriage has broken down irretrievably and claims that the marriage can be salvaged; if a dispute regarding the division of assets arises; if a dispute regarding spousal maintenance of child maintenance arises; if disputes regarding custody or primary residency of minor children and access rights arise; or if disputes regarding guardianship or decision-making rights with regard to minor children arise.

It is extremely difficult to speculate how long or how much an opposed divorce will cost, however, if the divorce becomes settled at any time after Summons has been issued, a Settlement Agreement can be entered into, the divorce can then proceed from that point as an unopposed divorce and can be dispensed within the space of a few weeks as opposed to a much longer period were the divorce to go all the way to trial.

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