Uncontested Divorce Singapore – Things to Note when instructing a divorce lawyer
1. Preparing for Your First Meeting with a Lawyer
Key Questions to Discuss
- What will be the grounds for divorce?
No-fault Divorce
- 3 years separation (with consent)
- 4 years separation (without consent)
- Mutual Agreement
Fault-based Divorce - Who will be the Plaintiff and Defendant?
- Have both parties agreed on all ancillary matters?
2. Arrangements for Children
Key Questions to Discuss
- Are there children involved? If yes, have both parties completed the Mandatory Co-Parenting Programme (CPP) and obtained the Certificate of Completion?
- Custody: Will custody be joint or sole?
- Care and Control: Will care and control be sole, shared, or split?
- Access Arrangements: Will access be liberal, reasonable, or supervised?
- Child Maintenance:
- How much will each party contribute towards the child’s expenses?
- Will payments be made directly to service providers or to the parent with care and control?
3. Spousal Maintenance
Key Questions to Discuss
- Will the husband be paying maintenance to the wife?
- If so, how much and for how long?
- $1 per month?
- A specific sum per month?
- A percentage of income per month?
- A lump sum payment?
- No maintenance?
Read more: Determining Child & Spousal Maintenance
4. Division of Assets
Key Questions to Discuss
- What assets need to be divided?
- What is the total value of the assets?
- Is there an HDB flat involved? If yes:
- Have the parties made relevant inquiries with HDB?
- Have they met the Minimum Occupation Period (MOP)?
- Is one party eligible to retain the flat under sole ownership?
Read more: What Happens to my HDB Flat when I Divorce?
5. Divorce Costs
Key Questions to Discuss
- Who will bear the legal costs?
- Will the costs be shared equally or borne by one party?
6. The Divorce Process (Simplified)
Step-by-Step Breakdown
- 1. Engage a Lawyer: One party (Party 1) engages a lawyer (Lawyer 1) and provides instructions.
- 2. Drafting the Divorce Papers: Lawyer 1 prepares the draft divorce documents and sends them to Party 1 for review.
- 3. Discussion & Approval: Party 1 discusses the draft with Party 2 or Lawyer 1 sends the draft directly to Party 2.
- 4. Amendments (if any): If changes are needed, Party 1 informs Lawyer 1, who makes the amendments.
- 5. Final Review: Party 1 and Party 2 discuss again. Party 2 may seek independent legal advice.
- 6. Signing the Papers: If Party 2 agrees, Lawyer 1 finalizes the documents for both parties to sign before a Commissioner for Oaths or Notary Public.
- 7. Filing with the Court: Once signed, the divorce papers are filed in court.
- 8. Court Review & Acceptance: The court takes 1-2 weeks to process and accept the papers.
- 9. Uncontested Divorce Hearing: If accepted, the court schedules a hearing date (usually within 3-4 weeks).
- 10. No Court Attendance Needed: The hearing is conducted without the parties present.
- 11. Interim Judgment Issued: If the documents are in order, the court grants an Interim Judgment.
- 12. Final Judgment Granted: After at least 3 months, the Certificate of Final Judgment can be extracted, finalizing the divorce.
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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.
