Many Defendants assume that the Plaintiff cannot get a divorce if he/she ‘refuse to sign’ or simply because “I don’t want to divorce”.
The typical reasons where Defendants may choose to contest the divorce are as follows: –
The reality is that the Family Justice Courts will consider whether the marriage has irretrievably broken down and the divorce will be granted eventually, in most cases. The reality is that the reasons behind the breakdown of the marriage or who is to blame, apart from extremely serious cases, have no impact on agreed ancillary matters. However, if the ancillary matters are not agreed between the Parties, the reasons stated in the Statement of Particulars may affect the Defendant’s rights at the Ancillary Matters Hearing. For instance, a Defendant agreed to being a violent parent to the child, such statement will be taken as an admission under Section 60 of the Evidence Act, Defendant may not get the care and control of the child.
On the other hand, the Statement of Particulars cannot be so bare that it is lack of sufficient particulars. The judge may throw the whole divorce out due to ‘no case to answer’.
If you are a Defendant, you are advised to discuss your circumstances with an experienced Divorce Lawyer, rather than to simply agree to anything that is written in the Statement of Particulars against you.
When the Defendant receives the divorce papers with all types of allegations from the spouse, he/she might have the impulse to fight the spouse “all the way”. Unless parties can resolve their differences by way of court mediation or private negotiation between the parties with their respective lawyers, the contested divorce process has to be adhered to: –
The above contested trial hearing is hostile and unpleasant, especially where there are children in the marriage. The costs of proceedings are time-consuming and costly as it involves many documents and days in court; and ‘loser’ pays costs to the ‘winner’.
At Yeolaw, we provide common-sensical guidance to our clients to assess whether a full-blown contested divorce trial is beneficial or whether practicality of costs saving shall prevail. Call us at 62203400 for a fixed fee quotation.