General structure of the proceeding
A joint petition is presented by both spouses stating that they have been living separately for the period required under the applicable law and have not been able to live together. The court records statements, and after the period and procedure prescribed by law, considers the petition at the second stage.
Because both parties are before the court together, the drafting must be even-handed. Terms that appear one-sided tend to create disputes later.
What a settlement should record clearly
- Whether any amount is payable, in what manner and by when
- Arrangements regarding custody, visitation and education of children
- Return of articles, jewellery or documents
- Withdrawal of other pending proceedings between the parties, if agreed
- That the terms are entered into voluntarily
Practical caution
Consent must be genuine and must continue. A settlement recorded in haste, without both parties fully understanding it, tends to return to court as a fresh dispute. It is worth taking the time to read every term before it is filed.
This page provides general information about legal procedure and does not constitute legal advice. No outcome is promised or guaranteed. Every matter turns on its own facts and on the law applicable at the relevant time.