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The difference between contested and uncontested divorce in Singapore
Divorce proceedings will differ based on whether or not the divorce is contested. A divorce is uncontested if both parties to the divorce have come to an amicable agreement privately. On the other hand, a divorce is contested when the court has to resolve key issues to the divorce.
Given that the resolution of issues has to be dealt with at trial and that the parties involved will have to be cross-examined by the court, contested divorce proceedings can be lengthy. Hence, it will take longer for an interim judgement of divorce to be granted for a contested divorce as compared to an uncontested divorce. In the same vein, due to the differences in complexity and time required, contested divorces will usually be significantly more costly relative to uncontested divorces.
The sequence of events for an uncontested divorce
A divorce is uncontested when the parties to a marriage have reached an agreement on all the issues in relation to the marriage and the dissolution of it. Generally, ancillary matters, such as the division of matrimonial assets, maintenance and the custody of children, are expected to be resolved as well.
The Plaintiff (the person filing for divorce) will first have to file the necessary documents. The Plaintiff will first have to serve the Writ of Divorce, Statement of Claim and Statement of Particulars onto the Defendant.
Within 8 days of service of the Writ of Divorce, the Defendant may then file a Memorandum of Appearance stating that he or she agrees to the divorce. If the court is satisfied that there has been an irretrievable breakdown of the marriage under section 95 of the Women’s Charter, the court may dispense with the attendance of the parties and allow proceedings to take place in the judge’s chambers.
However, if the court is unsatisfied with the above, the court may require parties to attend open court hearings. Section 105 and 106 of the Women’s Charter identifies the grounds on which a marriage would be held to be void or voidable. Uncontested matrimonial proceedings based on these provisions will be held in open court.
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If the parties have agreed on certain ancillary matters, they can also file an Agreed Parenting Plan and Agreed Matrimonial Property Plan as well. The Agreed Parenting Plan may be filed if the parties to the marriage have come to an agreement on the care and custody of their children under 21 years of age, while the parties may file for an Agreed Matrimonial Property Plan if they have reached an agreement concerning their matrimonial HDB flat. If the parties reach an agreement on all ancillary matters, a Draft Consent Order may be filed.
The judge hearing the matter will then decide whether or not to grant the divorce based on the evidence submitted by both parties to the divorce. Should the judge be satisfied that the grounds for granting the divorce have been met, the judge will grant an Interim Judgement of Divorce, which will be made final only after at least three months have passed since the granting of the Interim Judgement of Divorce.
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The sequence of events for a contested divorce
A divorce is contested when the court has to decide on issues that cannot be resolved amicably by the parties. For the court to make such a determination, both parties will have to appear in court to provide evidence in support of their respective cases. Such issues can include matters concerning whether the divorce itself should be granted, issues of child custody, child visitation rights, the division of matrimonial assets, and the like.
If the Defendant wishes to contest the Writ of Divorce, he or she will have to file a defence and serve it on the Plaintiff within 22 days of the service of the Writ of Divorce. Failing to do so will allow the Plaintiff to set down the Writ for trial as an uncontested divorce. If a defence is filed, the Plaintiff will have to file a reply to the defence and his or her counterclaim within 14 days of the service of the defence.
Prior to an uncontested divorce proceeding to a hearing, the parties have to take part in a Pre-Trial Conference to determine if some of the issues in contention can be resolved or any of the contested areas be narrowed. Some cases may also need to undergo mediation for similar purposes.
Should the Pre-Trial Conference or mediation be unsuccessful in resolving all contested aspects of the divorce, a date for the hearing will be set. Should the issues in contention concern ancillary matters, the parties will also have to file Affidavits of Assets and Means. During the hearing, the parties will have their affidavits be examined and be cross-examined themselves. The process may extend for several days and maybe physically or mentally wearying for all parties involved.
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Conclusion of the divorce proceedings
A divorce will only be made final after at least 3 months have passed since the granting of the Interim Judgement of Divorce and all the ancillary matters have been resolved. It is only after the Certificate of Making Interim Judgment Final has been issued by the courts will the divorce be confirmed and all court proceedings are concluded. It is only at this point that parties may elect to remarry.
How can we help you
Filing for a divorce in Singapore is a delicate issue and may be too technical for you to fully understand alone. We understand that going through such an event in your life is difficult and emotional. Worry not, at Lions Chambers LLC, and we have experienced divorce lawyers who are well versed in family law proceedings in Singapore. We will be able to guide you through the process and explain to you each and every stage of your divorce or your separation.
Lions Chambers LLC is an established law firm in Singapore. Our team of lawyers specialise in various areas of law and will be able to assist you. Our consultations are free. Please call +65 8777 3677 or click here to WhatsApp us today.