Getting Divorced: Why An Uncontested Divorce is Ideal

Navigating the challenging and emotionally charged process of divorce, often characterised by prolonged court battles and significant financial strain, can be daunting.

However, couples can opt for a more manageable route by choosing an Uncontested Divorce, —where both spouses agree on all aspects of their case (such as custody, care & control, access of child(ren), maintenance and the division of matrimonial assets) before filing divorce papers. In this blog, we’ll delve into the reasons why this is an ideal option for you.

Learn more: A Guide To Divorce Proceedings In Singapore

A Step-by-step Guide to An Uncontested Divorce

Before the Application
Before filing for an Uncontested Divorce, there are several things which couples must consider:

Firstly, couples must consider and agree on the reason why the marriage has broken down. In Singapore, a divorce may only be granted if the parties can prove that the marriage has broken down irretrievably using one of the following 5 facts:

(1) Adultery;
(2) Unreasonable behaviour;
(3) 3-year separation (with consent from your spouse);
(4) 4-year separation (without consent from your spouse); and
(5) 2-year desertion.

Secondly, couples must agree on the ancillary matters including children and financial issues which will be dealt with post-divorce. Broadly, the issues are:

Children’s Issues
(1) Custody (i.e., which parent makes the major decisions for the child’s life);
(2) Care & Control (i.e., which parent takes care of the child on a daily basis);
(3) Access (i.e., how often the parent without Care & Control sees the child); and
(4) Maintenance for the child (i.e., how much each parent is to contribute to the child’s expenses).

Financial Issues
(1) Spousal Maintenance (i.e., financial support for your spouse); and
(2) Division of Matrimonial Assets (i.e., how the assets acquired during the course of the marriage is to be divided between the parties)

Others
(1) Costs of the proceedings (i.e., how the costs of the divorce proceedings is to be borne between the parties); and
(2) Any other issues.

Once couples have come to an agreement on the issues above, they may proceed to file for an Uncontested Divorce.

How to Apply
Prior to the filing of the divorce, couples will have to prepare the following documents which may be found on the Singapore Judiciary’s website at www.judiciary.gov.sg/forms:

(1) Writ for Divorce;
(2) Statement of Claim;
(3) Consent to Grant Judgment on Three Years’ Separation (if applicable);
(4) Statement of Particulars; Request for Setting Down Action for Trial;
(5) Spouse’s consent to Simplified Uncontested Divorce Proceedings;
(6) Draft Interim Judgement signed by both parties;
(7)Affidavit of Evidence-in-Chief.

Once couples have prepared the documents, the filing party will have to submit them at the Family Justice Courts. If the filing party is represented by a lawyer, the lawyer will file the documents for them. If the filing party is unrepresented, they must file the divorce papers at the LawNet & CrimsonLogic Service Bureau or through the Divorce eService. Parties may access the Divorce eService using their Singpass. Parties may visit the LawNet & CrimsonLogic Service Bureau at the following locations:

Supreme Court 1 Supreme Court Lane Level 1, Supreme Court Building Singapore 178879 Tel: 6337 9164 Email: [email protected]

State Courts No. 1 Havelock Square Level 2, State Court’s Tower Singapore 059724 Tel: 6538 9507 Email: [email protected]

After filing, the documents will undergo a thorough review by the Court. In instances where the Court is unconvinced that the marriage has broken down irretrievably, both parties may be summoned to an open court hearing, and/or the Court may direct parties’ lawyers to present additional evidence to support their case.

If the Court is satisfied that documents are in order, that the marriage has irretrievably broken down and all ancillary matters have been resolved, the Court will grant an Interim Judgment. Couples may then apply at the LawNet & CrimsonLogic Service Bureau to extract the Interim Judgement.

Once the Interim Judgment has been obtained, couples will have to wait for 3 months for the Court to grant a Final Judgment. Once the 3-month period has expired, parties may then proceed to the LawNet & CrimsonLogic Service Bureau to finalise and complete the divorce process.

Advantages of Choosing Uncontested Divorce

1. Time and Cost efficiency

An Uncontested Divorce takes a significantly shorter time to complete compared to a Contested Divorce. Typically, it concludes in as little as 4 to 6 months as opposed to a Contested Divorce which may take much longer. Additionally, because there are no lengthy court hearings in an Uncontested Divorce, this also results in parties not having to foot significant legal fees to achieve a divorce.

2. Reduced Complexity and Streamlined Nature

A Simplified Uncontested Divorce process requires all ancillary matters to be mutually agreed upon prior to the filing of the divorce. Consider consulting skilled divorce lawyers for expert guidance to navigate through the divorce process with proficiency and care.

3. Greater Control Over the Outcome

Couples can exert more control over the outcome, thereby avoiding the emotional strain that comes with prolonged divorce proceedings. For couples with children, this also avoids having parents engage in contentious legal battles, fostering a sense of security and creating an amicable environment for them as they navigate through this difficult period.

The Role of Divorce/Mediation Lawyers in Uncontested Divorce Route

Working closely with a seasoned divorce and/or mediation lawyer is crucial for a successful Uncontested Divorce.

1. Legal Guidance

These specialist lawyers possess in-depth knowledge about family law and the legal requirements for divorce. As such, they can provide guidance on all legal aspects in a divorce.

2. Objective Advice

Serving as neutral third parties, divorce and/or mediation lawyers assist both spouses in facilitating fruitful discussions and negotiations to reach amicable and fair agreements.

3. Documentation

Lawyers excel in drafting legal documents, including the documents required for the filing of a divorce. It is crucial to maintain precision and legal robustness in all documentation, ensuring a smooth progression through the legal proceedings.

Divorce Mediation as a Supportive Tool

In situations where couples face difficulties in coming to an agreement, the use of Divorce Mediation emerges as an invaluable tool. This process, facilitated by an impartial third party, fosters open communication and can be either voluntarily opted for or court mandated. Importantly, it empowers couples to maintain control over the outcomes of their case, motivating them to amicably address issues for the well-being of both themselves and their children.

The complex divorce journey can be made more manageable with the right support. Choosing an Uncontested Divorce can aid couples in managing their experience during this challenging time.

Quahe Woo & Palmer LLC is a multi-disciplinary law practice led by a team of seasoned lawyers specialising in a diverse array of expertise. We are committed to delivering practical and effective legal solutions.

Get in touch with us to find out more.