Whether a divorce proceeds by agreement or as a contested case depends on whether the spouses agree on the consequences of the divorce. The two routes differ in their documentary requirements, hearings and evidence.

What is divorce by agreement?

Divorce by agreement may be possible where the spouses agree on the divorce, its financial consequences and arrangements for their children. Their written agreement should set out clear and workable provisions on custody, contact with the children, maintenance, financial and non-financial compensation, and property-related matters.

The judge hears both spouses personally and may approve the agreement if satisfied that they have expressed their wishes freely. The judge may suggest changes where the child’s best interests require them.

When does a divorce become contested?

The case may proceed as contested litigation if one spouse does not want to divorce or the spouses cannot agree on custody, maintenance, compensation or similar consequences. Allegations must be supported by lawfully obtained evidence. Messages, witness statements, medical or police records and financial documents may be relevant depending on the facts.

What should be considered before proceedings?

• Identify the legal grounds and the chronology of events.
• Preserve evidence lawfully.
• Assess the children’s circumstances and needs separately.
• Bear in mind that division of matrimonial property may involve a separate legal process.
• Address urgent needs for interim maintenance, housing and protection.

Divorce has consequences beyond the dissolution of the marriage, particularly for children and financial rights.

This article provides general information and does not constitute legal advice on a particular family dispute.