Uncontested Divorce Checklist - Simplified Process Singapore

Divorce Process

Uncontested Divorce Singapore – Things to Note when instructing a divorce lawyer:

A. What do I need to prepare before I see a lawyer?

Have parties (Party 1 + Party 2) decided what fact that divorce will be proceeding on? – Will the divorce be proceeding on a fault-basis or no-fault-basis?
1. Fault basis:
2. No Fault basis:
Which party will be the Plaintiff and which party will be the Defendant?
Have parties discussed and agreed on all the ancillary matters?
1. Children:
  1. Are there children? – If so, have parties attended the Mandatory Co-Parenting Programme and obtained the Certificate of Completion?
  2. Custody – Joint or Sole?
  3. Care and Control – Sole, Shared, Split?
  4. Access – Liberal, Reasonable or Supervised?
  5. Maintenance – How much is each party paying towards the child(ren)’s expenses? How will these amounts be paid – will they be paid directly to the service providers or to the parent with care and control?
2. Wife Maintenance:
  1. Will the husband be paying maintenance to the wife?
  2. If so, how much and for how long?
    1. $1 per month?
    2. Specific sum per month?
    3. Specific % per month?
    4. Lump sum maintenance?
  3. No maintenance?
3. Division of Assets:
  1. What is in the pool of assets?
  2. What is the value of the pool of assets?
  3. Is there a HDB flat involved?
    1. If so, have parties decided how to deal with the HDB flat?
    2. Have parties made the relevant enquiries with HDB?
    3. Have parties met the Minimum Occupation Period?
    4. Is either party eligible to retain the HDB flat in their sole name?
4. Costs:
  1. Who will bear?
  2. What is the value of the pool of assets?
  3. Borne solely by one party or shared equally?
B. The Process
1. One party (Party 1) to engage a lawyer and to provide the instructions to the lawyer (Lawyer 1).
2. Lawyer 1 will send the draft divorce papers to Party 1 for their approval.
3. Once approved, Party 1 discusses the draft divorce documents with Party 2 or Lawyer 1 sends draft divorce documents to Party 2.
4. If there are any amendments to be made, Party 1 informs Lawyer 1 of the amendments to be made on the draft divorce documents.
5. Lawyer 1 makes the amendments and sends the amended draft divorce documents to Party 1.
6. Once approved, Party 1 discusses the draft divorce documents with Party 2 or Lawyer 1 sends amended draft divorce documents to Party 2.
7. Party 1 and Party 2 discuss again.
8. Party 2 has the option to seek independent legal advice on the draft divorce papers.
9. In the event Party 2 opts not to and is in full agreement with the draft divorce papers, Lawyer 1 will draw up the final divorce papers for both parties to execute before a Commissioner for Oaths or a Notary Public.
10. Party 1 and Party 2 meet with Lawyer 1 and Commissioner for Oaths or a Notary Public to sign the papers.
11. Once signed, the divorce papers are filed in court.
12. The Court can take up to 1-2 weeks to accept the divorce papers.
13. Once accepted, the Court will accept the papers and fix an uncontested divorce hearing date (usually 3-4 weeks from the date that the papers are accepted).
14. Parties do not have to attend the uncontested divorce hearing.
15. During the uncontested divorce hearing, the Court will consider the divorce papers and whether they are sufficient for Interim Judgment to be granted.
16. If all is well and the divorce papers are in order, Interim Judgment will be granted.
17. At least 3-months after the Interim Judgment, the Certificate of Final Judgment can be extracted and the divorce is finalized.