Going through a divorce can be a complex and emotional process. Therefore, it is important to understand the advantages and disadvantages of contested and simplified uncontested divorce in Singapore, so you can decide which route to take.
Divorce by Mutual Agreement
A divorce by mutual agreement, also known as a consensual divorce, is when both parties mutually agree to dissolve their marriage. This approach is characterized by cooperation and understanding between the spouses, aiming for an amicable resolution.
Both parties agree on all terms, including the grounds for divorce, division of assets, child custody and support, and spousal maintenance. This type of divorce often results in a smoother, faster, and less adversarial process compared to contested divorces.
What is a Simplified Uncontested Divorce?
A simplified uncontested divorce is when both parties agree upon all aspects relating to their divorce:
- The reason for divorce to prove the irretrievable breakdown of the marriage
- The division of marital assets
- Issues involving the care and control of children
- Maintenance arrangements for wife and or children
How long does an Uncontested Divorce take?
In this Simplified Uncontested divorce process, the court sets an uncontested divorce hearing date approximately 4 to 6 weeks after filing divorce papers. Parties’ attendance is not required during the uncontested divorce hearing date. If all the documents are in order, the Court issues an “Interim Judgment” for the termination of the marriage.
Parties will need to wait a mandatory three months from the date of the Interim Judgment to apply to extract the “Certificate of Final Judgment” (Divorce). In short, about four (4) months.
Advantages of Simplified Uncontested Divorce:
Parties save time and costs. Since both parties are working together towards an agreement rather than being adversaries in a courtroom setting, emotions tend not to be heightened which allows for calmer conversations about sensitive topics such as child custody arrangements.
Disadvantages of Simplified Uncontested Divorce:
The power balance may tip in favour of the assertive spouse. It is important that you seek advice from a divorce lawyer so that you protect your legal rights and know your best-case and worst-case scenarios in the event parties’ matter is left to the Court’s determination.
Child custody, visitation rights, and maintenance are very important considerations during a divorce. If your calculations are incorrect or you do not know your rights, you will still be legally bound by the terms of the consent Order once the Court grants the Order.
In the event, you wish to change the terms of the consent Order, you will have to file a formal application in Court and satisfy the legal threshold to persuade the Court to change the terms of the consent Order. In such a situation, additional legal costs will be incurred.
FAQs on Uncontested Divorce in Singapore
You do not need your spouse’s consent before filing for divorce proceedings. However, if the goal is to have a simplified uncontested divorce in Singapore, parties will need to reach an agreement on all issues relating to the reason for the divorce and ancillary matters. In this case, your spouse’s consent is required.
Yes, if that is agreed between parties. Otherwise, each party are to bear their own costs.
Yes. You can divorce in Singapore as long as you meet the following requirements pursuant to Section 93(1) and Section 94(1) of the Women’s Charter 1961: –
- Parties must be married for at least 3 years;
- One party must be a Singapore Citizen or must have resided in Singapore for at least 3 years prior to the filing of the divorce.
You may consider appointing a lawyer to write a Without Prejudice letter to your spouse on your behalf to kickstart negotiations.
Alternatively, you may kickstart the divorce proceedings and negotiate with your spouse simultaneously while Court timelines are running.
That depends on the specific issue(s) that parties have not reached an agreement on.
In Singapore, the divorce process is broken down into 2 stages. Stage 1 deals with the divorce whereas Stage 2 deals with the ancillary matters such as issues relating to children, maintenance, division of assets, etc.
If parties can agree on the divorce but not the ancillary issues, the divorce can still proceed on an uncontested basis.
However, in such case, the divorce papers would be filed on a contested basis and not under the simplified uncontested divorce proceedings track under Rule 83 of the Family Justice Rules 2014.
In the event parties cannot agree on both the divorce as well as any one of the ancillary issues, then the divorce papers have to be filed on a contested basis.
Parties may negotiate to have the divorce proceed on an uncontested basis during the Court Mediation at the Child Focused Resolution Centre (“CFRC”).
Pursuant to Section 139I of the Women’s Charter 1961 (“WC”), divorcing couples with minor children are required to attend mandatory mediation and counselling at CFRC to attempt an amicable settlement of the divorce and/or ancillary issues.
For avoidance of doubt, the CFRC is staffed and operated by Family Court Judge- Mediators, Family Counsellors from the Family Justice Court’s Counselling and Psychological Services Unit and Court administrators.
In view of the strong emphasis by the Singapore Courts on counselling/mediation, it is possible for parties to reach an amicable resolution on the divorce and ancillary issues without proceedings becoming hotly contested.
No. Whether parties’ divorce proceed on a contested or simplified uncontested basis, one lawyer can only represent one party to the proceedings.
In the event parties have reached an agreement on all issues relating to the divorce and ancillary matters, one party can appoint a lawyer to prepare the divorce papers based on the agreed terms.
The other party is at liberty to seek his / her independent legal advice upon receipt of the draft divorce papers.
You may still commence divorce proceedings albeit on a contested basis and not under the simplified uncontested divorce proceedings track.
In the event your spouse chooses not to participate in the proceedings after being served with the papers, the matter may still proceed in his/her absence and the Court may make orders against him / her.
As the divorce papers would be personally served on your spouse, your spouse may enter an appearance in the proceedings to defend his/her claim. The matter may then be referred for mandatory mediation/ counselling at CFRC for parties to attempt an amicable settlement of both the divorce and/or ancillary issues.
In the event parties are still unable to reach any agreement on the divorce after a few sessions at CFRC, then the divorce will proceed on a contested basis for the court to make a determination on whether the marriage has irretrievably broken down.
No, a divorce in Singapore may be granted on a no-fault basis. For instance, in situations where parties have been separated for at least three (3) years or four (4) years, parties may rely on the fact of three (3) years separation with consent or four (4) years separation to prove the irretrievable breakdown of the marriage.
Pursuant to Section 95(1) WC, there is only one ground for divorce in Singapore, which is the irretrievable breakdown of the marriage. To prove the irretrievable breakdown of the marriage, one may rely on one or more of the 6 divorce facts set out at Section 95(3) WC. Namely: –
We will require a copy of the parties’ marriage certificate, identification documents (whether NRIC/FIN/ Passport), children’s identification documents (if any) and parties’ agreed terms.
What is a Contested Divorce?
A contested divorce, also known as litigation, is when both parties cannot agree on certain matters, such as the division of marital assets, property or child-related issues.
In this instance, parties will need to go through the court system. The divorce process becomes longer and more expensive than a simplified uncontested divorce. Where parties have children below 21 years old, they have to attend mandatory counselling and mediation at the Family Dispute Resolution (FDR) Division in the Singapore Family Justice Courts.
In the event parties reach a global resolution on the divorce and ancillary matters during mediation, a by-consent Court Order can be recorded and parties are bound by the terms of the Court Order.
In the event parties are unable to reach a resolution on the divorce and/or any ancillary matters, the disputed issue will be left to the Court’s determination and the Court makes an Order. Parties are also bound by the terms of the Court Order.
How long does a Contested Divorce take?
Various factors can influence the length of a contested divorce in Singapore. Here are the key considerations:
The Case’s complexity : This is often the most significant factor affecting the length of a contested divorce. Complex cases may involve substantial matrimonial assets, disputed child custody, or intricate financial arrangements, requiring considerable time for thorough examination and resolution.
Willingness to Negotiate : Parties are encouraged to negotiate and compromise at the court-directed mediation stage; the divorce proceedings may move more swiftly. However, if one or both parties are unwilling to compromise, the process can be significantly extended.
Mediation and pre-trial conferences are encouraged to resolve disputes. Still, these can be time-consuming if there is limited cooperation. The divorce can be settled within 8 months of filing if the parties reach an agreement during mediation.
The Court’s Schedule : The Family Justice Courts handle a high volume of cases, and scheduling for hearings can be subject to the court’s availability. Delays may occur due to a backlog of cases, which can extend the duration of the divorce process.
Appeals : If either party chooses to appeal a decision by the court, this will prolong the process.
Advantages of Contested Divorce:
In the event, a party to the proceeding takes an extremely unreasonable stance and the issue is left to the Court’s determination, the Court will determine the disputed issue(s) based on Singapore family law legal principles. Additionally, parties are also allowed to provide relevant evidence to assist the Court in the determination of the matter.
Disadvantages of Contested Divorce:
The main disadvantage of a contested divorce is its duration and expense. As mentioned earlier, this process will be longer and costlier than simplified uncontested divorces due to the need for legal representation, hearings, and other court-related proceedings, which can take months or even years to complete before everything is finalised.
Additionally, if a party fails to comply with the court’s rulings, the other party is at liberty to take out further proceedings, which could add even more time to the length of your proceedings.
Read More: The Difference Between a Contested and Uncontested Divorce
FAQs on Contested Divorce in Singapore
This depends. What is important to you and/or your spouse? Is it the divorce or is it any one of the ancillary issues?
For divorcing couples who have come to terms with the fact that their marriage has irretrievably broken down, obtaining a just and equitable terms of settlement for the ancillary issues is more important than the reason for the divorce itself.
On the other hand, for a party who disagrees that his/her marriage has broken down, the divorce would be the most contentious issue of all and the ancillary issues not so.
In order to ensure you are well equipped with the knowledge to have a private discussion/ negotiation with your spouse on the intended divorce proceedings, we suggest that you make an appointment with one of our lawyers at GJCLaw to first understand the divorce process and general applicable laws.
With the knowledge in hand, you would be able to understand your position and where you stand in the big picture of things.
If private negotiation and/or discussion between the parties themselves do not work, our lawyers may come into the picture and assist in the negotiation through the exchange of Without Prejudice correspondences and/or meetings.
There are various reasons on why it is difficult to give a time-frame in contested divorce proceedings. For one, the parties are subjected to the Courts directions and/or timelines. Two, any delays from the other party would be beyond your control.
Yes certainly. As stated above, Parties may negotiate to have the divorce proceed on an uncontested basis during the Court Mediation at CFRC.
Under Section 139I WC, divorcing couples with minor children are required to attend mediation and counselling at CFRC to attempt an amicable settlement of the divorce and/or ancillary issues. This is mandatory.
Even if there are no minor children to the marriage, but the Court is of the view that it would be in the parties interest to have the issue on the divorce resolved amicably, parties may still be required to attend mediation at CFRC pursuant to Section 139J WC.
As above, in view of the strong emphasis by the Singapore Courts on counselling / mediation, it is possible for parties to reach an amicable resolution on the divorce without proceedings becoming hotly contested.
How do I get my divorce started with GJC Law?
Getting your divorce started is easy. Simply make an appointment to speak to one of our lawyers at GJCLaw – whether via Zoom, telephone or a consultation in the office and he/she will go through the divorce process and general applicable laws with you.
Whichever method you choose, your divorce will be handled quickly and professionally.
Conclusion:
Understanding the advantages and disadvantages of contested vs uncontested divorce in Singapore can help you make an informed decision about how you want to proceed with your separation/divorce proceedings.
Both paths have benefits and drawbacks, so it’s important to consider factors such as the length/costs involved and emotional impact before selecting the best option!
We’re here for you
If you have any questions about the divorce process, or whether a fixed fee package is right for you, please get in touch with us for your free 30 minute consultation.
Our goal is to help you find a resolution that works for you.
