If you and your partner/spouse have settled to take a divorce, what is the simplest, inexpensive and fastest way of accomplishing this? Most individual will decide for an uncontested divorce to attain these objectives. To achieve an uncontested divorce the court must not only be satisfied that there is a legitimate reason for divorce but also that the other party to the marriage does not officially oppose it. If both of these conditions are present then an uncontested divorce can be obtained. To attain an uncontested divorce you should be able to | the court that any of the known foundations for divorce are relevant to you. The four basis for divorce are recognized as unreasonable behaviour, adultery, separation or desertion.
Here’s a discussion on the method for getting an uncontested divorce. To submit an application, you need to complete first the legal document known as a `petition’. This sets all the informations of the parties asking for the divorce. This is sent to the court along with a `statement of arrangement for children’ if there are kids involved in the divorce. This describes how custody of the children has been decided. Once these documents have been submitted with the court, the other party to the marriage have to file agreement of the petition and the court will then issue instructions leading to a final hearing to validate the divorce. Initially a proper hearing is not usually necessary and the judge will release a decree nisi (the first stage of the formal divorce). Six weeks and one day after the decree nisi has been made by the court, your legal advisor will file an application for the decree to be made absolute which finalizes your divorce.
Regarding properties, generally an arrangement is achieved with the other party to the marriage as to the distribution of assets so this does not form part of the formal divorce. If agreement could be attained in terms of the assets, it is doubtful that an uncontested divorce will be proper. In terms of court fees, with every filed petition, you have to pay always the existing amount of court fees. These usually amounts to a few hundred dollars. In addition, you have to pay also your legal advisors fees to draft the petition and to forward the papers on your behalf. Providentially, most recently, solicitors have changed their practices, rather than normal hourly rates being charged for assistance such as an uncontested divorce, you can normally agree a fixed price for their services. An uncontested divorce process is an easy and a cost effective method for a marriage to be ended if both parties are in agreement that it should be. The fees are not significant and the procedure can take place almost suddenly, allowing both parties to move on sooner rather than later.