The Family Justice Courts have introduced a new Simplified Uncontested Divorce Proceedings commencing on or after 1 January 2015.
Under Rule 83 of the Family Justice Rules 2014, a plaintiff may apply for Simplified Uncontested Divorce Proceedings, where all ancillary matters have been settled, if both the plaintiff and the defendant to the divorce have agreed to do so.
Why is opting for Uncontested Divorce Proceedings advantageous?
It is cost effective – it requires less time (5 months maximum compared to the usual 6 months minimum) to complete. As such, it will require less expenditure on litigation fees for both parties.
What is required of the parties?
To commence proceedings, the following agreements and conditions must be met:
- Neither party should be bankrupt or be in the process of being made a bankrupt.
- The Defendant must be willing to give written consent to the commencement of all divorce proceedings and agreement to the dispensation of service of all documents on the Defendant.
- Parties must be willing to sign and agree on a draft consent order stating the manner of dealing with all ancillary matters.
- Parties must be in possession of their marriage certificate and the birth certificates of their children (if any).