When persons want to get divorced, it is because the marriage relationship between them has broken down to such a point that the relationship cannot be restored. The persons want to move on with their separate lives as soon as possible and a lengthy divorce of up to three years is not what either party wants.

Divorces can proceed in one of two ways, firstly on an unopposed basis where the parties agree on the material aspects of the divorce and secondly on an opposed basis where the parties cannot come to a mutual agreement and then the court has to decide on certain aspects.

In divorces where the persons are in agreement regarding most of the marital aspects as well as the care and contact of the minor children if there are any, it is favorable for the parties to sign a settlement agreement so that the divorce can proceed on an unopposed basis.

The following are examples of issued which can be included in settlement agreements and it should be noted that the scope is a lot wider than the list hereunder:

  1. Maintenance for minor children as well as spousal maintenance;
  2. Care and contact of the parties regarding any minor children born from the marriage;
  3. The division of the movable property between the parties;
  4. What is to happen to any immovable property between the parties;
  5. If the parties were married in community of property, what will happen to the parties’ respective pension funds etc.

An unopposed divorce where the parties reach a settlement agreement is furthermore more favorable in the following ways:

  1. To finalize a settled divorce usually takes no longer than a few months as opposed to a contested divorce which may take years to finalise;
  2. To finalize a settled divorce is also a lot cheaper due to the fact that not as much time and effort has to be invested into a settled divorce as opposed to a contested divorce.

Contact our offices to speak to one of our friendly divorce attorneys should you require any assistance regarding an ongoing or pending divorce.