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Divorce is a difficult decision. We understand the emotional situation you are in. At Emerald Law, our lawyers who specialise in Contested and Uncontested Divorce will advise you on the divorce procedure in the Family Courts of Singapore, your legal rights and obligations, the issues surrounding the custody of your children and the division of your matrimonial assets.

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First, you have to show the Family Court of Singapore that you have been married for a minimum period of three (3) years. Secondly, you must show that you have been staying in Singapore for at least three (3) years before the commencement of the divorce proceedings. 

If you are able to prove that the marriage has irretrievably broken down and the Court is satisfied that it is just and reasonable to do so. The Court will only find that the marriage has irretrievably broken down if either of the following facts is proven: adultery, unreasonable behaviour, desertion for two years, separation for three years with consent and separation for four years.

No, you may not get divorced. However, you may take out an Annulment application provided you are able to satisfy certain legal requirements.

If parties are in agreement on all issues, the case will generally take between 3 – 6 months.

Uncontested Divorce means there is no dispute over the reasons for the divorce while simplified divorce means there is no dispute over the divorce and ancillary matters.

It is important to note that if you are not able to come to an agreement with your spouse on any of the above issues, you will not be able to dissolve your marriage through an Uncontested Divorce.

"Contested" Divorce proceedings involve cases where parties are unable to come to an agreement on the following issues:

  • Grounds of the Divorce;
  • Division of the Matrimonial Assets;
  • Custody, Care & Control and Access to the child of the marriage;
  • Maintenance to the Wife; and
  • Maintenance to the Child.

In a "Contested" divorce, you will be requesting that the Judge makes the final decision on the above issues. In order for the Judge to make a decision, he or she will need to see evidence and read your side of the issue through the submissions of Affidavits amongst other documents. The process is by way of a trial. However, it is not uncommon for parties to have an out of court settlement before the trial.

 

As more time and effort is spent assisting clients in such divorce proceedings, the cost is typically much higher. However, be rest assured as our fees are reasonable.

Generally, the case is considered uncontested when everything in the divorce is agreed upon, including the decision to divorce and how the assets are to be divided. If one or more issues cannot be agreed upon and the case goes to a Hearing, it is said to be contested.

If you do not agree with the divorce application filed against you, you will have to file your documents contesting the facts in your spouse’s divorce application. Thereafter, your case will proceed as a contested divorce, and if you are successful, your spouse’s application will be dismissed.

However, this does not prevent your spouse from re-filling the application. This is a very common situation, and if you are simply aggrieved by the reasons stated for the divorce, you should speak to a divorce lawyer to assist you in order to help you reduce costs in the long run.

If the case is uncontested, you will not be required to attend Court. You will only need to attend Court if your case is contested and it goes to a Hearing or if one or more issues cannot be agreed upon.

In Singapore, the only ground for divorce is the irretrievable breakdown of the marriage. Irretrievable breakdown in the marriage may be proven by showing that any one of the following has occurred:

  • Adultery: Evidence of the adultery is necessary.
  • Unreasonable behaviour
  • Desertion: One Party has deserted the other for a minimum of 2 years where the other Party shows no intention or sign of returning.
  • Separation: The parties have either agreed to live apart for three years or failing which, have lived apart for at least four years.

The following documents need to be filed. If you intend to commence divorce proceedings on your own, please note that the matter is complicated, and any mistakes made may end up being costly to rectify. Contact us so that we may assist you or advise you on how it is best to navigate your divorce.

  • Writ for Divorce
  • The Statement of Claim
  • The Statement of Particulars;
  • Proposed Parenting Plan;
  • Proposed Matrimonial Property Plan;
  • Acknowledgement of Service;

Please visit our section dedicated to Syariah / Muslim divorce here. At the SyariahLawyerSG website, you will find articles and content that is specifically catered towards Syariah matters. 

Why Choose us

we are specialised

Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

we provide solutions

We ensure that the advise and solution provided to you resolves your matter in the most efficient manner. We are not here to simply talk, we're here to provide REAL solutions.

we are committed

We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

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