Undefended v Defended Divorce Procedure
This blog will explore the procedural differences between a defended and an undefended divorce.
If you are pursuing a divorce, whether or not your ex-partner chooses to defend the divorce will significantly affect the legal proceedings that follow. In this blog, we will explain what you can expect from either scenario.
Regardless of what kind of divorce you are facing, having the right legal advice behind you every step of the way will help to give you peace of mind at a stressful time and ensure you receive the best possible outcome for your situation. So give us a call today on 0141 478 9090 to speak to our experienced solicitors.
What is Undefended Divorce Procedure?
Undefended Divorce Procedure is less complicated than its alternative. The Court will examine paperwork that has been submitted by the party pursuing the divorce, and affidavits (statements made under oath) will be prepared and presented before a Justice of the peace or Notary Public.
These statements need to outline the basis of the divorce. Moreover, they will need to outline agreements made concerning arrangements for any children involved moving forward. The Court will need to be satisfied that adequate arrangements ensuring the welfare of any children involved have been established.
Provided the Courts are happy with the sworn statements and financial/child arrangements, and the defender chooses not to defend the divorce, the Court will grant a decree of divorce. The divorce should be finalised in around six months, provided there are no significant issues, especially regarding children and finances.
To make sure you put yourself in the best possible position for a smooth divorce process, seek legal advice from Kee Solicitors.
What is Defended Divorce Procedure?
Where the defending (responding) party does not agree with the orders to the Court prescribed in the initial writ, this is called a Defended Divorce Procedure. Defences can be made on numerous grounds, such as:
· Dispute over agreement: Typically, a divorce is defended due to disagreement regarding financial arrangements, distribution of property, or childcare.
· Dispute over irretrievable breakdown: If the divorce application is based on an irretrievable breakdown, the defender must explain to the Court why they disagree. The Court will examine each argument and determine whether a divorce certificate should be granted.
· Reason for divorce: The defending party may disagree with grounds of unreasonable behaviour alleged in the initial writ. In this event, they can present evidence to the Court to try and prove otherwise. If successful, this is essentially only a moral victory.
It is vital to consider defending a divorce is not only unlikely to stop the divorce from being granted but can also increase divorce costs significantly for both parties. Moreover, in the event the divorce does go through, the defending party may need to cover increased fees for the pursuing party.
Should I Defend My Divorce?
Because defending a divorce can increase costs significantly and is unlikely to block the divorce from going through, the vast majority of divorces in Scotland are undefended. However, there are reasons as to why you might want to defend:
Unfair Allegations: In emotionally charged divorces, a pursuer may make serious allegations that are defamatory and inaccurate. These allegations may also unfairly influence arrangements for finances or children. In this event, providing a robust defence can be crucial.
Stalling for Time: Although less typical, some parties appreciate that their partner has applied for divorce in the spur of the moment. Given that straightforward divorce proceedings can progress very quickly, some parties choose to defend as a delay tactic giving more chance to reconcile.
Due to the significant implications of choosing to defend a divorce, it is vital to seek reliable legal advice to make an informed decision.
Get in Touch
If you need help with your divorce proceedings, want to defend against a divorce application, or need help against an ex-partner defending a divorce application, the experienced solicitors at Kee Solicitors will provide crucial advice and help ensure the best possible result.