Joint Petition or Contested Divorce: Which Fits You?

What is the difference?

A joint petition under Section 52 of the Law Reform (Marriage and Divorce) Act 1976 is filed by both spouses together when you both agree to divorce. You file it with agreed terms on custody, maintenance and property.

A contested divorce is filed by one spouse alone under Section 53. That spouse must prove one of the facts in Section 54: adultery, unreasonable behaviour, desertion or two years apart. The other spouse can oppose the divorce or dispute the terms.

The key difference is agreement. A joint petition is cooperative; a contested divorce is a dispute. That affects the time, the cost and the strain.

How long does each take?

A joint petition is much faster. The court usually grants the decree nisi within 1 to 3 months of filing.

After a 3-month waiting period, it can be made absolute. From filing to decree absolute often takes around 3 to 6 months.

A contested divorce takes much longer. Your spouse must be served and given time to reply, and trial dates can be months apart. Contested divorces commonly take 9 months to 2 years, and longer if custody or large assets are disputed.

It depends on the court and on whether you settle; these are rough ranges, not promises.

Even in a contested case, agreeing on some issues can shorten the process.

How do the costs compare?

A joint petition costs less because there is less legal work. You may share one law firm, though each of you is entitled to independent advice.

A contested divorce costs much more. Each spouse needs their own lawyer, and the work includes court papers, several hearings, trial preparation and disputes over custody and property. Ask for a written estimate before you engage a lawyer.

There are hidden costs too: more time off work, more stress and strain on family and friends.

How does each feel?

A joint petition is usually less stressful for you and the children. There is less confrontation, and it is easier to keep a working relationship afterwards, which matters when you share children.

A contested divorce can be draining. Fault allegations, cross-examination and long disputes over children and money take a toll, and children can get caught in the middle.

Sometimes it is still necessary. If your spouse refuses to agree, or there is domestic violence, a contested petition may be the only option.

How do you choose?

Ask whether you can both agree on the main points: that the marriage is over, who the children live with, maintenance and property. If yes, a joint petition is almost always better.

If your spouse will not agree to divorce, or you cannot agree on key issues, you may need a contested divorce. A family lawyer can tell you which fact applies, such as adultery, desertion or separation.

If you agree on the divorce but not on some terms, mediation may help you settle and still file jointly.

Looking to engage a divorce lawyer? If you are unsure whether your situation allows a joint petition, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.