Until the opposing party withdraws their defence, the matter remains opposed.

Withdrawal of Defence

If your spouse no longer wants to defend the matter, or it has been settled through negotiations or mediation, he or she can serve and file a notice indicating that your spouse withdraws his or her defence and the reason.

Once this notice has been served and filed, the matter becomes unopposed again and you can proceed on that basis; the only difference is that, if the matter has been settled, you now have to submit the settlement agreement to court and ask for a court order incorporating the settlement agreement, rather than the prayers as originally set out in your particulars of claim.

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