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  • Azira Aziz

When A Marriage Is Over : Uncontested Divorce




This series addresses options that you may have for each scenario that one encounters in society, when a marriage is over.


This week addresses Uncontested Divorce.


Adults need to learn that sometimes marriages/relationships fall apart despite living in the same house because at some point as life hits both stop listening and responding to each other's needs and make it a priority.


It is good to recognize when it happens and seek marriage counselling especially when children are involved.


In situations where you have tried everything and yet still decide that it is time to move on, the ideal closure is to have a solid discussion with your partner and decide to part on mutually agreed terms.


What you need to discuss with your partner are:


1) Matrimonial home;

a. Which spouse to continue living in it or move out;


2) Children’s arrangements, if any;

a. Terms on maintenance, medical and educational expenditures etc

b. Custody rights or visitation rights, holidays etc


3) Any other arrangements that the couple may have related to jointly held bank accounts, properties etc.


So, what is involved in filing in Court a mutually agreed, uncontested divorce?


The flowchart is as follows:




The Court would require the presence of both spouses seeking divorce during some of the proceedings.


During normal circumstances it takes roughly 3 – 6 months to achieve Decree Nisi, although due to the ongoing pandemic, the timeline is significantly impacted due to various movement and work restrictions.


Next article shall address Contested Divorce.

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