Contested vs. Uncontested Divorce: Key Differences | Divorce Lawyer Guide

Divorcing is never an easy choice to make, but how difficult it is will depend on two things: whether it is a contested or uncontested divorce, and whether you have engaged a divorce lawyer to help you.

The right divorce lawyer can help make the divorce fair and easy for both parties, although a fiercely contested divorce can make things difficult. At Bentley’s Barristers & Solicitors, we will do everything in our power to help your divorce proceed smoothly, so your rights (and those of your family) are protected at all times.

Here are the key differences between contested and uncontested divorces that you need to know about, and how a divorce lawyer can help.

What is the Difference Between a Contested and an Uncontested Divorce?

Let’s break down these two labels–when getting divorced, yours will be classified as one or the other.

A contested divorce is when one partner of the marriage does not agree to the terms of the divorce as proposed by the other. This could be that they don’t think the splitting up of assets is fair, they believe they should have more (or less) rights regarding shared children, or they may not agree to the divorce at all. In cases like this, a court will often be brought in to mediate the situation and deliver a fair ruling.

An uncontested divorce is simply where both parties agree to the same terms for their split. From money to physical assets and children, both partners must be in agreement for the divorce to be considered uncontested. The court process will be much shorter in these cases.

As you can imagine, uncontested divorces tend to be a much smoother and less stressful experience for everyone involved, although they may not always be perfect. Having an experienced lawyer by your side can help make sure both parties are treated fairly, whether the divorce is contested or uncontested.

Do you need help from a divorce lawyer in Geelong, Malvern or Doncaster? Serving all of Melbourne, Bentley’s Barristers & Solicitors are the team to trust with any legal challenge.

Uncontested Divorce: How a Divorce Lawyer Can Help

You might think that, if you and your partner both agree to the same terms, a lawyer won’t be needed for a successful divorce. However, it is still wise to engage with a divorce lawyer to make sure neither party is getting an unfair allowance in the divorce process.

Possibility of unfair asset division

All relationships are different–different personalities, backgrounds, beliefs, and careers mean that what each party values will be unique, meaning that what assets are desired more in the divorce will differ for every case.

If one partner desires a certain aspect of the marriage more than the other, they may try to downplay or even manipulate the situation so they receive what they want, with their partner's blessing. However, a divorce lawyer will be able to make sure that both parties receive their fair share of assets, whether they be antiques, items with sentimental value, or the property itself.

Of course, there are other smaller ways that lawyers can help with an uncontested divorce, such as making sure all legal documents have been filled out and filed correctly. Even if you and your partner are both on the same page, it’s always a good idea to consult with a lawyer to make sure everything is done by the book.

Even if yours will be uncontested, engaging with a divorce lawyer in Brunswick, Ballarat or Shepparton will help make sure everyone comes out with their fair share.

Contested Divorce: How a Divorce Lawyer Can Help

In the case of a contested divorce, a lawyer will have much more to do with the process, as will the Court itself.

Settlement Negotiations

If both parties have their own arguments they want to put forward, then experienced lawyers are the best way to do so. Settlement may happen before the trial date, as lawyers can negotiate between the two parties, however the court will schedule a date where both parties can air their arguments through their representation as well.

Dispute Mediation

Mediation services can be extremely helpful in settling disputes before the trial stage of the divorce. These meetings are held between both parties and their respective lawyers to settle important issues regarding asset division, with parties using the time to try to come to a mutual agreement before they get to court.

An experienced lawyer will be able to argue your case and convince the other party, and the mediator present, to agree to your terms without the stress and pressure of a court situation. Mediation is also a cheaper option, as if you can resolve your dispute during it, then you won’t have to pay any of the fees associated with going to court.

No matter their duties, a good divorce lawyer will explain to you what is going to happen during the process in clear, easy-to-understand terms, so you can prepare for what is to come. If you have any questions, make sure to ask them early so you can go into your divorce fully equipped with what you need to know!

Bentley’s Barristers & Solicitors are the trusted choice for anyone going through a contested divorce and needing a divorce lawyer in Bendigo, Pakenham or Richmond.

The Process of Divorcing in Australia

When you decide it is time for you and your partner to divorce, here is the process you’ll need to follow.

• Firstly, you and your partner will need to be separated for at least twelve months. Usually, you will need to live separately at this time, although it is possible to be separated and still living in the same home.

• If you are moving forward with an uncontested divorce, you and your partner can submit an application together; otherwise, one party will need to ‘serve’ the other and submit their application to the Federal Circuit and Family Court of Australia.

• If there are issues to settle, hearings will be scheduled with both parties where they can argue their cases, usually through specialised divorce lawyers. Mediation sessions will also happen during this time.

• If neither party can come to an agreement, a final hearing will take place where a judge will make a ruling based on all the arguments they have heard so far. This decision will be legally binding.

• After all the issues have been settled, the divorce order will be issued and the marriage is officially ended. The order becomes official one month after it is passed, to allow for time for any errors or changes to be made.

Things like court time and mediation will differ if the divorce is uncontested. As you can expect from a longer time in court, a contested divorce can also be much more expensive. It is in everyone’s best interest to solve any issues before going to court!

For official information on how divorces work in Australia, please check out the Divorce: Overview created by the Federal Circuit and Family Court of Australia. If you are in Victoria and want local specifics, you can read about Divorce on Victoria Legal Aid’s website.

Are you looking for a divorce lawyer in Glen Waverley, Berwick or Brighton that you can trust to back you? Contact Bentley’s Barristers & Solicitors to experience our expertise for yourself!

Engage with Bentley’s Barristers & Solicitors Today

If you and your partner are planning on divorcing, we encourage you to contact the team at Bentley’s Barristers & Solicitors. Whether it is uncontested or not, having the right divorce  lawyer in Melbourne by your side can help make sure that everyone comes out of the divorce with what they are owed.

We specialise in all types of family law, and can assist in the legal separations of married couples, as well as those of de facto couples and anyone in same-sex relationships. No matter your circumstances, we’ll work hard to ensure that you get a fair outcome in your divorce.

Begin by contacting us. You can call our team on (03) 9419 6066 or fill out our form online to leave us a message. We have offices in Melbourne’s inner and eastern CBD, and we encourage you to make an appointment so we can talk about your divorce in person.