Most people arrive at a first divorce consultation with the same question: how long will this take? The honest answer depends on one thing above all, which is whether the two parties agree.
Unopposed divorce
An unopposed divorce is one where both parties agree on the terms: the division of assets, arrangements for children and maintenance. A settlement agreement is drawn up, signed and made an order of court.
Once the papers are in order and served, the matter is set down. Court rolls differ, but an unopposed matter with a signed agreement moves considerably faster than a contested one.
Opposed divorce
Where the parties disagree, the matter becomes opposed. Pleadings are exchanged, discovery takes place, and the matter may run for months before it is heard.
Opposed matters cost more because they take more time. That is why we test settlement seriously before litigating, without ever settling on terms that leave you worse off.
Children come first
Where children are involved, the court's concern is their best interests. Care, contact and maintenance arrangements must be workable in practice, not only on paper.
The Office of the Family Advocate may become involved where arrangements for children are disputed.
What to bring to the first consultation
Your identity document, your marriage certificate, proof of the matrimonial property regime such as an antenuptial contract, and a summary of assets, debts and monthly income. If children are involved, bring their birth certificates and details of school and medical costs.
Where to from here
This article is general information and not legal advice on your matter. Facts change outcomes. If any part of it applies to your situation, speak to us before you act.