The laws relating to divorce laws in Singapore have undergone significant changes over the past decade, shifting towards a more streamlined and therapeutic-focused process which encourages amicable resolutions.
Prior to the introduction of the Simplified Uncontested Divorce Track in 2015, divorce proceedings were often long, contentious, and emotionally draining. However, with two-thirds of divorces in 2023 now proceeding as uncontested, it is evident that many couples are finding ways to resolve their differences without prolonged litigation.
What is an Uncontested Divorce?
An uncontested divorce is where both parties agree on the divorce and the ancillary matters, such as division of assets, child issues, including custody, care and control, access, child maintenance, and spousal maintenance. This allows the process to be concluded faster and with less emotional and financial strain.
Many people assume that if their spouse does not immediately agree to the terms of a divorce, the case is automatically considered contested.
However, this is a common misconception. Even if a divorce starts with disagreements and is filed on the normal track, it can still transition to an uncontested divorce if both parties reach an agreement through court-mandated mediation or negotiations before hearing.
From 15 October 2024, parties who only agree to the divorce but not the ancillary matters, can also file for divorce on the simplified track. Subsequently, the ancillary matters will be adjourned to mediation or a contested hearing.
The Family Justice Courts continue to encourage amicable settlements through the Therapeutic Justice approach, reducing the number of contested cases and allowing couples to part ways with less conflict and stress.
Why the Family Courts Adopt Therapeutic Justice Approach
Therapeutic Justice is a framework that prioritizes emotional well-being and long-term cooperation in family law matters.
The Family Justice Courts in Singapore have increasingly embraced this approach to reduce adversarial disputes and foster constructive resolutions.
Instead of focusing solely on legal outcomes, Therapeutic Justice encourages parties to consider the psychological and relational impact of divorce, particularly when children are involved.
By integrating counselling, mediation, and child-centric solutions, the courts aim to help families transition smoothly post-divorce. This approach aligns with the broader goal of making divorce less stressful and more solution-focused, ultimately promoting healing and stability for all parties involved.
The Role of Court Mediation in Achieving an Uncontested Divorce
Mediation plays a crucial role in family law disputes in Singapore. The Family Justice Courts mandate mediation as a way for couples to resolve issues amicably.
A typical scenario involves a husband initially disagreeing with the proposed terms of divorce, such as child issues or the division of assets.
However, through mediation, both parties discuss their concerns with the guidance of a neutral mediator.
Over time, they find a middle ground, eventually reaching an agreement that is in the best interests of the children, allowing the divorce to proceed uncontested.
For example, a wife may request sole care and control of their children, but the husband insists on shared care and control. Instead of proceeding to a contested divorce hearing, mediation allows them to explore solutions, such as joint custody with structured visitation rights.
Once they agree, the divorce is set down as uncontested, allowing for a faster resolution and less stressful process.
Why Opt for an Uncontested Divorce?
- Time-efficient: An uncontested divorce is resolved much faster than a contested one, often concluding within months rather than years.
- Cost-effective: Avoiding lengthy court battles reduces legal fees and other associated costs.
- Less emotional strain: Mediation fosters cooperation, reducing stress for both parties and any children involved.
- More control over outcomes: Instead of leaving decisions to a judge, couples have greater flexibility to negotiate terms that suit their unique situation.
The Future of Divorce in Singapore
With the increasing success of mediation and a growing emphasis on amicable resolutions, uncontested divorces are likely to remain the dominant approach in Singapore.
As more couples become aware that disagreements at the start of proceedings do not necessarily mean a contested divorce, they are more open to resolving matters through mediation.
For those considering divorce, understanding the benefits of an uncontested process can lead to a smoother transition, allowing both parties to move forward with minimal conflict.
Seeking early legal advice and engaging in mediation can make all the difference in ensuring a fair and amicable resolution.
At the free consultation stage, our Divorce Lawyers will:
- Assess if you can file for divorce in Singapore.
- Help you understand each step of the divorce process.
- Address questions & concerns related to divorce process.
- Help you explore your divorce options.
