SPECIALIST UNCONTESTED DIVORCE LAWYERS
WHAT IS AN UNCONTESTED DIVORCE?
In an uncontested divorce, the parties do not dispute or argue over issues of property division, child custody and support. In other words where both spouses are in agreement about all the aspects affected by the act of divorce and the court is not required to make decisions over disputed or contested issues.
Once you and your spouse have made a decision to divorce in an amicable way by discussing your options and agreeing in principle on all the aspects of your divorce, you can approach our uncontested divorce lawyers to assist you in drafting a settlement agreement. The settlement agreement needs to be legal and binding and, in the case of minor children, endorsed by the Offices of the Famliy Advocate before a court would grant the divorce order.
By this time you would both have agreed on aspects regarding custody of your children as well as contact/access, maintenance payable in respect of the children and the length thereof, spousal maintenance (if any) and the division of assets.
The parenting plan will be incorporated in the settlement agreement. The parenting plan will deal with all the contact between the parties and this minor children, including contact during the week, over weekends, over long weekends and during shool holidays. Another important aspect that you will have to agree on is which parent will be the primary caregiver of the minor children, or whether both parents will act as primary caregivers.
INSIST ON LEGAL SUPPORT FOR YOUR UNOPPOSED DIVORCE FROM ATTORNEYS THAT GETS RESULTS
Proceeding with your divorce on an uncontested basis is the fastest, simplest and quickest way.
A divorce order granted by default is also a form of uncontested divorce. If you serve a divorce summons on your spouse and he/she does not oppose same, the court will grant a divorce by default. After your decision to divorce, our attorneys will assist in the preparation of a summons, a court will issue the summons and a sheriff will serve the summons on your spouse. In the event that your spouse does not answer with a specified number of days, our attorneys will assist further in approaching the court to enrol the divorce on the unopposed roll.
One of our attorneys specialising in Family Law will draft the settlement agreement in order to ensure that the agreement adheres to the requirements of the Divorce Act, Family Advocate and Court.
Choose Burger Huyser Attorneys as we have gained vast experience in dealing with uncontested divorce matters over the years. We pride ourselves on delivering a discreet and confidential service, whilst gently guiding you through the challenging and emotional time.