Options for Divorce in Singapore?
There is no single approach to divorce in Singapore. The right path will depend on whether you and your spouse agree to the divorce, the issues that remain unresolved, and whether matters involving your children, maintenance and matrimonial assets can be settled by agreement.
Depending on your circumstances, your divorce may proceed on the Simplified Track or Normal Track. Outstanding issues may also be resolved through divorce mediation, lawyer negotiations, Collaborative Family Practice, or, where agreement cannot be reached, determination by the Family Courts.
Understanding the different divorce options in Singapore can help you decide how best to approach the process. Some couples are able to reach agreement and proceed with an uncontested divorce, while others may require negotiation, mediation or a contested divorce process before their issues can be resolved.
Our family law team includes family mediators and Collaborative Family Practice lawyers, as well as lawyers experienced in contested divorce proceedings. We can help you understand the available options and consider an approach appropriate to your circumstances.
Start by understanding which divorce track may apply to you.
Simplified Track and Uncontested Divorce
Where both spouses agree to the divorce before filing, the divorce may proceed on the Simplified Track. This is commonly referred to as an uncontested divorce in Singapore.
Importantly, couples do not necessarily have to agree on all ancillary matters before filing for divorce. They may proceed on a partial uncontested divorce whereby issues such as the division of matrimonial assets, child arrangements and maintenance are dealt with separately after the interim judgement.
Where couples are able to agree on both the divorce and the ancillary matters, the process is generally more straightforward and can reduce the time, legal costs and conflict associated with contested proceedings.
Benefits of an Uncontested Divorce
More straightforward process
Where both spouses agree to the divorce, there is no need for the Court to determine through a trial on whether the marriage has broken down.
Potentially lower legal costs
Reaching agreement can reduce the amount of negotiation, correspondence and contested court proceedings required.
Less conflict between spouses
An uncontested approach can help couples focus on reaching practical arrangements for their children, finances and future rather than litigating their differences.
Greater control over the outcome
Where agreement can be reached on ancillary matters, spouses have greater opportunity to shape arrangements that work for their family rather than asking the Court to determine those issues.
How Long Does an Uncontested Divorce Take?
The time required will depend on whether all issues have been agreed and whether further steps are required to resolve the ancillary matters.
Where the divorce proceeds on the Simplified Track and all necessary matters are agreed, an Interim Judgment may generally be obtained relatively quickly. The Final Judgment can only be extracted after the applicable statutory period following the Interim Judgment and once the necessary requirements have been satisfied.
Read more: Fixed Fee Uncontested Divorce Packages
Normal Track and Contested Divorce
Where spouses do not agree that the divorce should proceed, the application will generally proceed on the Normal Track. This is commonly referred to as a contested divorce in Singapore.
A divorce may be contested because one spouse does not agree that the marriage should end, disputes the fact relied upon to establish the irretrievable breakdown of the marriage, or disagrees with what has been stated in the divorce application.
However, starting a divorce on the Normal Track does not mean the entire divorce must be fought in Court. The parties may still reach agreement during the proceedings through negotiation or mediation, allowing some or all disputed issues to be resolved without a Court determination.
What Happens in a Contested Divorce?
If the parties cannot resolve whether the divorce should be granted, the Court may ultimately have to determine the disputed issues relating to the divorce.
Separately, disagreements concerning child arrangements, maintenance and the division of matrimonial assets may also need to be resolved. These are generally dealt with as ancillary matters after the divorce itself has been determined.
Can a Contested Divorce Become Uncontested?
Yes. A divorce that begins on the Normal Track can become less contentious if the spouses subsequently reach agreement.
This is important because choosing the Normal Track at the beginning does not prevent couples from negotiating, attending divorce mediation, or reaching a settlement later.
When Might the Normal Track Apply?
The Normal Track may apply where:
- one spouse does not agree to the divorce;
- there is disagreement about the basis on which the divorce is sought; or
- the parties are unable to resolve disputes concerning the divorce before proceedings are commenced.
Where the dispute concerns only children, maintenance or matrimonial assets, this does not necessarily mean the divorce itself must proceed on the Normal Track.
Lawyer-to-Lawyer Negotiation
Not every disagreement in a divorce in Singapore needs to be decided by the Court. Where spouses are unable or uncomfortable negotiating directly with each other, their divorce lawyers can negotiate on their behalf.
Lawyer-to-lawyer negotiation may be used to resolve issues involving child arrangements, maintenance, matrimonial assets and the family home. Each spouse receives independent legal advice while their lawyers work towards terms that may be acceptable to both parties.
Negotiations can take place before divorce proceedings begin or while proceedings are ongoing.
How Does Lawyer Negotiation Work?
Each lawyer advises their own client on their legal position, priorities and possible settlement options. Proposals can then be exchanged and negotiated until agreement is reached or it becomes clear that another method of resolving the dispute may be required.
If agreement is reached, the terms can be formally documented and, where appropriate, submitted to the Court as part of the divorce proceedings.
Benefits of Negotiating a Divorce Settlement
Independent legal advice
Each spouse has their own lawyer advising them on their rights and the implications of any proposed settlement.
Opportunity to settle without a contested hearing
Negotiation may allow some or all issues to be resolved without requiring the Court to determine them.
More control over the outcome
The spouses remain involved in deciding whether proposed settlement terms are acceptable rather than having an outcome imposed by the Court.
Can be used during the divorce process
Negotiations can continue even where divorce proceedings have already commenced.
What If Negotiations Do Not Work?
If an agreement cannot be reached, the parties may consider divorce mediation, Collaborative Family Practice, or continue through the Court process where necessary.
Negotiation is therefore not a separate type of divorce. It is one of the ways couples may try to resolve divorce issues without litigation.
Divorce Mediation
Divorce mediation in Singapore gives couples an opportunity to resolve disagreements with the assistance of a neutral mediator, whether appointed by the court or privately, rather than asking the Court to decide every issue for them.
During mediation, both spouses can discuss issues such as child arrangements, maintenance, matrimonial assets and the family home. The mediator helps the parties identify the issues in dispute, communicate more constructively and explore possible solutions.
Importantly, the mediator does not decide who is right or impose a settlement. Any agreement must ultimately be reached by the parties themselves.
When Can Divorce Mediation Be Used?
Mediation can be used before or during divorce proceedings. It may be particularly useful where spouses agree that the marriage should end but have difficulty reaching agreement on the financial or parenting arrangements that follow.
Mediation may also be used after proceedings have commenced, including where a divorce initially appeared likely to become contested.
Benefits of Divorce Mediation
Opportunity to reduce conflict
Mediation provides a structured setting for discussing disagreements and can help keep negotiations focused on resolving the issues.
More control over the outcome
The parties decide whether to accept a proposed settlement rather than having the outcome imposed upon them.
Privacy and confidentiality
Mediation allows sensitive family and financial matters to be discussed in a private setting, subject to the applicable rules governing the mediation.
Potentially saves time and legal costs
Where mediation results in agreement, it may reduce the need for further contested proceedings.
What Happens If Mediation Does Not Work?
If the parties cannot reach a complete agreement, the divorce does not simply stop. They may continue negotiating, consider other dispute-resolution options or ask the Court to determine the remaining issues.
Even where mediation resolves only some of the disputed issues, narrowing the areas of disagreement can still make the remaining divorce proceedings more focused.
Read more: Benefits of Resolving Marital Conflict via Divorce Mediation
Collaborative Family Practice
Collaborative Family Practice (CFP) is a structured approach to divorce in Singapore where each spouse is represented by their own collaboratively trained lawyer and the parties work towards resolving their divorce issues without contested court proceedings.
The process focuses on constructive discussions and problem-solving. Couples can address matters such as child arrangements, maintenance, matrimonial assets and the family home, while receiving independent legal advice from their respective lawyers.
Unlike mediation, there is no neutral mediator leading the negotiations. Instead, the spouses and their collaborative lawyers work together through a series of discussions to try to reach an agreed settlement.
How Does Collaborative Family Practice Work?
Each spouse appoints their own Collaborative Family Practice lawyer. The parties and their lawyers commit to working towards a negotiated resolution rather than using the collaborative process to prepare for contested litigation.
Discussions usually take place through structured meetings where the parties identify the issues, exchange relevant information and explore possible solutions.
Where agreement is reached, the lawyers can assist in documenting the settlement and taking the necessary steps to formalise it as part of the divorce proceedings.
Benefits of Collaborative Family Practice
Each spouse has their own lawyer
Both parties receive independent legal advice throughout the process.
Focused on reaching agreement
The process is designed to encourage practical solutions rather than adversarial litigation.
Direct and structured discussions
The spouses and their lawyers work together in organised meetings to address the issues that need to be resolved.
Can help preserve working relationships
A less adversarial approach may be particularly valuable for parents who will need to continue communicating and making decisions concerning their children after divorce.
What If Collaborative Family Practice Does Not Work?
A key feature of the collaborative process is that if negotiations break down and the matter proceeds to contested litigation, the collaborative lawyers generally do not continue to represent the parties in those contested proceedings.
The parties may then appoint other lawyers to represent them in Court.
This is an important distinction between Collaborative Family Practice, divorce mediation and conventional lawyer-to-lawyer negotiation, and couples should understand the implications before choosing the collaborative process.
Read more: Frequently Asked Questions on Collaborative Divorce
Termination of
Marriage Flowchart
Do you and your spouse agree to terminate the marriage with agreement on the grounds and all ancillary issues?
i.e., Property Division, Child Custody (Care & Control), Maintenance Issues & Splitting of other Joint Assets (where applicable)
ALTERNATIVELY
COURT LITIGATION PROCESS
If you are filing for divorce on a fault basis, you may still negotiate ancillary issues after filing for divorce on a fault basis
You and your spouse may wish to consider the following mediation options in order to reach agreement:- Private Mediation- 4-Way Negotiations- Collaborative Divorce
Private Mediation before filing for an uncontested consert divorce
4-way Negotiations betweenparties & their lawyers
Collaborative Divorce
Was agreement reached?
Parties proceed to file for an Uncontested Consent Divorce
Parties file for Divorce on a Contested basis
Contact Our Divorce Lawyers
If you’d like to speak with one of our lawyers, we offer a complimentary 20-minute consultation to take you through the Singapore divorce process.
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