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UNOPPOSED
DIVORCE
Where there are no major disputes between the parties to a divorce, it is possible to carry out the divorce on a so-called unopposed basis. There must be agreement between the parties on all the aspects of the divorce, namely:
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Child custody and access (if relevant)
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Child maintenance (if relevant)
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Division of assets
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Spousal maintenance (if any)
1. Where there is such agreement, the process of getting a divorce is relatively simple and can be achieved within a month or two. The process for an unopposed divorce is as follows:
2. Since there are no major disputes between them, the parties often choose to use the
same attorney. This saves money and further simplifies the process.
3. Working with their attorney, the parties refine their agreement and make sure they are satisfied with it. The attorney will answer any questions they have and clarify the law.
4. The attorney drafts a written settlement agreement, which is signed by both parties.
5. The attorney draws up the summons and particulars of claim, to which the settlement agreement is attached.
6. The Sheriff of the High Court serves the summons (the party accepting service can arrange to meet the Sheriff at his office).
7. The attorney will apply to court for a date for the hearing. The date given will generally be about two weeks after it is applied for.
8. On the date allocated one of the spouses appears briefly in court with an Advocate. If the judge is satisfied that the papers are in order, he grants the divorce.