Contested divorce vs. mutual agreement - the differences

Divorce can be an extremely stressful experience, but the level of stress involved depends to a large extent on the approach the separating spouses take to the process. In Canada, there are two basic types of divorce: contested and uncontested. What are the differences between the two, and how will the outcome and process change depending on which of the two courses you take?

What is contested divorce?

When the two parties cannot agree on all or some of the details of the divorce, then it is characterized as a contested divorce. These agreements may involve child support or custody, or the division of assets and debts. Each spouse outlines and defends their positions, and the court then decides how the issues are to be resolved. Not all contested divorces go to court; they could be settled through mediation, arbitration, or a separation agreement.

What happens when a couple agrees on everything?

In contrast, when both parties agree on the divorce and the issues surrounding it, they are better off entering into a Separation Agreement. Once this is done, it is usually better for one spouse to file an Application for Divorce, which can then be served to the other spouse. Since both agree on the terms of the divorce, the other spouse can then simply accept the application, and the Divorce Order can be issued. It is best to avoid Joint Divorce Applications, as these can quickly become complicated.

The advantages when a couple is in agreement

When a couple agrees on all the terms of their divorce, there are several legal, financial and practical advantages. This type of divorce is usually much faster, which means it costs less and causes less stress. Spouses do not have to appear in court. Since there is no contention in these divorces, there is less chance of them being challenged later. Since these matters don’t go to court, no details about your married life will end up in court records, ensuring that your private life remains private. Divorces in which the partners choose to agree on all the issues generally show that they are prepared to go forward without hard feelings, which can make life much easier for them and their children in future. This kind of divorce is generally cheaper, faster and causes far less aggravation and animosity in both the short and long run.

Divorce is a difficult experience, but the process of getting divorced does not have to be. As these dispelled myths make clear, the process can be smooth, civilized and guided by the law, rather than driven by emotion. SplitEasy helps to make the process even easier by providing the completed divorce documents you will need. Contact us for more information.