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Why You Should Choose An Uncontested Divorce in Singapore

It may be regrettable, but sometimes, a divorce is necessary for the good of all parties. However, divorce application processes can be tedious and may cost more than you think.

Divorce happens in 2 stages: Stage 1 – the court will decide whether the marriage has irretrievably broken down (“Stage 1”); Stage 2 – the court will decide on ancillary matters, e.g. custody, care and control of the children and the division of matrimonial assets (“Stage 2”).

What is the difference between contested and uncontested divorce in Singapore?

In a contested divorce, it means that there is at least one issue of the divorce that still needs to be resolved. This is Stage 1, where the court must determine that the marriage has irretrievably broken down. Any number of things may be contested. One party may disagree with a particular issue, or a particular fact, and files a counterclaim to dispute it. Parties may contend on issues such as why and how the marriage became so strained that divorce was required. There may even be one party who does not want the divorce! Once the court has decided to grant the divorce, it moves on to Stage 2, which may be even more acrimonious, as issues such as the division of matrimonial property and custody, care and control of the children come into play.

What this boils down to is that divorce proceedings, where contested, have the risk of becoming a very time consuming and costly as each party tries to prove their case, and the trial may go on for many days.

In an uncontested divorce, all that needs to be done is that the party filing for the divorce will have to confirm what is written in the Statement of Claim and Statement of Particulars is accurate. The other party in the divorce case will then not dispute the contents of either statement but file a Memorandum of Appearance consenting to the divorce. Parties may also negotiate and come to their own agreements for access to the children and how to divide the property. Once both parties have agreed on all the ancillary issues, a draft consent order may be filed. Further costs are saved because parties need not incur more legal fees as only one lawyer is required for filing the draft consent order, which will then have legal force.

Benefits of Uncontested Divorce

Keeping control over proceedings

If you were to go to court, the divorce proceedings mean that you no longer have any say on how you would like your assets to be divided or issues on to do with any children. The judge will make a judgment that may leave either party unsatisfied, or both, especially since the court may not be as familiar with your life and marriage.

In an uncontested divorce scenario, by communicating with your spouse and coming to a compromise on the terms of the divorce would give you what you want in whatever manner you are able to agree to, without having conditions and restrictions imposed on you by the court.

For example, you may be able to come to a flexible arrangement on access to the child based on mutual notification, rather than having to adhere strictly to an order of the court to specific days and visiting hours.

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Spending less money on divorce proceedings

Uncontested divorces are likely to be cheaper. In a contested divorce, both parties will need to hire and pay for their own lawyer. Both parties will also need to pay further fees such as disbursements and court fees, which will only increase as the case drags on. On the other hand, in an uncontested divorce, both parties can be represented by the same lawyer and therefore, would need to pay the fees of only one lawyer.

Less time spent on divorce proceedings

As a contested divorce goes through the trial process, the time taken to dispose of a contested divorce is significantly longer than an uncontested divorce.

If a couple goes through the contested divorce proceedings, it can take them some time to obtain an interim judgment and depending on the amount of assets and number of children in the family, the division of matrimonial assets and deciding on custody, care and control of the children may take even longer to be decided.

In an uncontested divorce, the number of issues to be heard by the court and the duration of each hearing required for the issues is reduced significantly. During this process, each hearing may be as short as 10 minutes since parties have already mutually agreed on the terms of their divorce before entering divorce proceedings; all the courts need to do at this point is give effect to the agreement and record it in a judgment.

How we can help

The benefits of an uncontested divorce proceeding are numerous, as outlined above. However,  care must still be taken as it is possible that when coming up with the terms of the divorce, one party may be taken advantage of. This is especially so if there has been a history of physical or emotional abuse in the relationship. Our lawyers are experienced in handling these matters and will be able to accurately assess whether any such agreements are fair and your own interests are protected. If you are considering a divorce, please contact us, and we will have a fruitful consultation with you.

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CONTACT US TODAY

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

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

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