There are more than 6,000 divorces in Singapore every year. Divorces can be broken down into 2 categories- uncontested divorce in Singapore and contested divorce in Singapore.
Uncontested Divorce in Singapore
In an uncontested divorce in Singapore, both parties reach an amicable agreement on all issues (namely the ground for divorce, division of matrimonial assets, children’s custody, children’s maintenance and quantum of maintenance).
The simplified divorce proceedings in Singapore can be described as follows:
1. If you appoint a divorce lawyer in Singapore, he/ she will need you to provide the following documents and information:
a. A copy of your marriage certificate.
b. A copy of your children’s birth certificates.
c. A copy of parties’ NRICs and deed polls (if any).
d. Information relating to parties’ religion, date of birth, citizenship, place of birth, occupation, highest educational levels and address.
2. Your divorce lawyer will prepare the following documents for you:
a. Statement of Particulars detailing the reasons for divorce.
b. Statement of Claim containing parties’ details and the agreed terms.
c. Draft Consent Order containing the parties’ agreement.
d. Defendant’s Consent to Simplified Proceedings containing the other spouse’s consent to the divorce.
e. Affidavit of Evidence in Chief. In this document, you will confirm that the Statement of Claim and Statement of Particulars are trued and accurate.
3. You will execute the divorce documents before a Commissioner of Oaths. The signed documents are submitted to Court via the e-filing system.
4. You will receive the Interim Judgment within 1 month after the submission of the divorce documents. 3 months later, the Interim Judgment will be made final and you will receive the Final Judgment. This marks the end of the simplified divorce proceedings in Singapore.
As you may see, the simplified divorce proceedings in Singapore is not complicated due to nature of uncontested divorce in Singapore.
This is also the cheapest way to divorce in Singapore, given that the work of your divorce lawyer is less than that of a contested divorce.
Contested Divorce in Singapore
A contested divorce in Singapore is a divorce in which at least one of the issues of the divorce is not agreed.
It is usually longer and more expensive than an uncontested divorce in Singapore. The main difference of an uncontested divorce in Singapore and a contested divorce in Singapore lies in the adversarial nature of the contested divorce in Singapore. There may be Court hearings for the Court to review evidence of parties and make a decision.
Process of Contested Divorce in Singapore
The process is as follows:
1. The Plaintiff (i.e. person filing the divorce) will file the divorce in the Family Justice Courts.
2. The Defendant will be served with the divorce documents. This is usually done personally by a process server. In case the Defendant cannot be found, an application for substituted service or dispensation of service may be made to the Court.
3. If the Defendant decides to contest the divorce, he/ she will enter an appearance in Court within 8 days of the divorce. The Defendant will have 22 days from the time of service to file his/ her Defence.
4. If parties have at least 1 child under the age of 21, mediation is compulsory and parties will attend mediation at the Child Focused Resolution Centre to attempt to resolve all issues amicably.
5. If parties are unable to resolve the issues at mediation, the matter will proceed to Court for the Court to make a decision on the contested divorce and/ or the ancillary issues.
In general, a contested divorce in Singapore is more time consuming, costly and takes up more effort from both parties.
You may wish to discuss the divorce and the ancillary terms with your spouse prior to filing a contested divorce in Singapore. A simplified, uncontested divorce is the cheapest way to divorce in Singapore.
Contact us at +6598330314 (whatsapp) if you wish to file for divorce in Singapore.
Our price list can be found here.
Related articles can be found here.