Divorces can be contested or uncontested. The difference lies in the spouses’ ability to agree on various issues. If you and your spouse can communicate civilly, you can make better decisions that will get you through a divorce more quickly.
Even if you use the assistance of a mediator to cover all issues, you must file for a simplified uncontested divorce.
What is an Uncontested Divorce?
An uncontested divorce is where both parties agree on all matters pertaining to the dissolution of their marriage, such as the grounds for divorce and the ancillary matters (children and finances).
Through the Simplified Uncontested Divorce Process, our divorce lawyers can attain interim judgement (temporary divorce) in just 3 to 4 weeks. Then, there is an additional mandatory 3 months waiting period before the final judgement is given.
What are the Terms for an Uncontested Divorce?
You and your spouse must;
- agree on the grounds for divorce, and
- agree on all your parenting, support, property, and debt issues.
What are Some Issues to Resolve?
There are several issues for you and your spouse to consider, including, but not limited to:
- matrimonial assets division,
- liabilities,
- child custody (including support and care & control) and maintenance (where applicable), and
- spousal maintenance & support (where applicable).
In an uncontested divorce, you may work with your spouse or a mediator to resolve these issues before filing for divorce.
Read more: What is an Uncontested Divorce in Singapore?
If You and Your Spouse Can Reach an Agreement
Where you and your spouse can agree on the divorce and the ancillary matters before filing divorce papers, our divorce lawyers can help you file your divorce through the Simplified Uncontested track.
We can attain interim judgement (temporary divorce) in just 3 to 4 weeks. There is an additional mandatory 3 months waiting period before the final judgement is given.
In an uncontested simplified divorce, you (the Plaintiff) must file the following court documents in court:
- Writ for Divorce
- Statement of Claim
- Statement of Particulars
- Draft Interim Judgment
- CPF Checklist – if applicable
If You and Your Spouse Cannot Reach an Agreement
If you and your spouse are not able to reach an agreement on the divorce and the ancillary matters before filing divorce papers, your application will have to be filed under the normal track.
In a contested divorce, you (the Plaintiff) must file the following court documents in court:
- Writ for Divorce
- Statement of Claim
- Statement of Particulars
- Proposed Matrimonial Property Plan – if applicable
- Proposed Parenting Plan – if applicable
- Mandatory Parenting Programme Completion Certificate – if applicable
In summary, contested divorces are longer and more expensive than uncontested divorces.
However, there is hope; parties, where applicable, have to go through a court-directed mediation process where the chances of settlement are high. Nearly 80% of cases settle at that stage without going to court.
Parties benefit from the cost and time savings involved with this Mediation process, which can take 2 to 4 sessions to settle.
Are There Drawbacks to Uncontested Divorce in Singapore?
Even though uncontested divorces are generally beneficial, they are only suitable for some when there is uncertainty or a lack of knowledge regarding child support, spousal support, or complex property rights. Then, a simplified uncontested divorce may not be the best option.
Other problems may arise when a spouse is dishonest. The spouse who lies and hides certain matrimonial assets would likely receive a lower proportion of the known assets if the Court has not yet decided on a specific sum into the pool of matrimonial assets to distribute.
Read more: Understanding the Law on Matrimonial Assets
Pointers for an Uncontested Divorce
Be Informed on the Divorce Process
To prepare for an uncontested divorce, it is best to educate yourself on the process so that you have realistic expectations. Before discussing it with your spouse, you can confidentially speak with one of our divorce lawyers in a free consultation.
Openly Communicate with Your Spouse
By establishing open communication with your spouse, you can raise any potential disputes and come to an agreement on all divorce issues. You want to put everything on the table and decide who gets what. Hiding things or not fully resolving some issues will ultimately lead to higher legal fees incurred further down the line when a dispute arises.
What Can GJC Do to Help?
Regardless of whether it is a contested or uncontested divorce, it is important to seek professional advice from family lawyers.
We are committed to providing you with the legal help you need when you need it most, regardless of your situation.
You can trust that our divorce lawyers offer a high standard of representation and compassionate guidance from the start of your matter to the end of it.
Read more: Filing for Divorce – What Documents to File and Service of Documents.
Reasons to Have a Properly Drafted Agreement
Protect Your Rights
A properly drafted agreement is fundamental where your children and assets are concerned.
Formally Reflect Parties’ Agreement in Writing
Before entering into an agreement, parties must discuss and reach an agreement on their intentions, respective rights, and obligations during separation/divorce.
When parties have reached an agreement, our lawyers will accurately incorporate the parties’ agreement in writing.
Importance of Precise and Clear Terms
An ambiguous agreement or a poorly drafted term may result in unnecessary misunderstandings between parties, leading to further costs and time spent on litigating the issues in Court.
“Our lawyers can ensure that the crafted agreement papers properly reflect your intentions, respective rights, and obligations during separation and after divorce.”
GJC Law credits Tara Adam for her research.
We’re here for you
Our lawyers at GJC Law offer a free 30-minute consultation to explain the divorce process and determine whether you qualify for divorce in Singapore.
Our goal is to help you find a resolution that works for you.
