Contested divorce

A contested divorce proceeds where the spouses cannot agree on the divorce or its consequences. The action usually rests on irretrievable breakdown, and the parties' fault stands at the centre of the trial.

Fault is decisive for maintenance, damages and, in some situations, whether the divorce is granted at all: the action of the predominantly faulty spouse may be dismissed where the other bears no fault. Witness accounts, messaging records and social media content are the most frequent evidence, while unlawfully obtained recordings are excluded.

Because evidence must be gathered and witnesses heard, the proceedings can take long, during which interim maintenance and provisional arrangements for the children operate. The parties may convert the case into an uncontested divorce by agreement at any stage, and a large share of drawn-out disputes ends this way in practice.