Most people believe that the division of assets is dealt with simultaneously with the divorce. This isn’t true.
The real truth is that even though the Statement of Claim for Divorce may include paragraphs related to the Division of Matrimonial assets, the two are dealt with and filed separately.
To explain further, The Divorce, especially if uncontested, can go through what’s called a “desk application”, which means that the parties may never see a Judge. The documents are filed with the Clerk of the Court, and processed internally, before it is sent to a “Justice’s desk” for approval and signature.
The Division of Matrimonial Assets Claims
As for the Division of Matrimonial Assets Claims, they have to be heard and signed by a Justice in court, even if they are consented to (agreed upon/signed) by both parties.
A divorce may go ahead within a couple of months, but the Division of Assets may take years. The opposite can also be true.