What is a Contested Divorce?
A contested divorce refers to a situation where spouses are unable to reach an agreement on key issues surrounding their divorce, such as the reason for divorce, child custody, division of assets, spousal maintenance, and more. Disagreements on any one issue will lead to a contested divorce, which is usually much more complicated and expensive compared to uncontested ones. A divorce will also be contested if either one spouse wishes to stay married.
Understanding the Contested Divorce Procedure
In Singapore, the contested divorce process begins with filing a Writ for Divorce, a Statement of Claim, and a Statement of Particulars. This legal procedure kicks off when the plaintiff (the spouse initiating the divorce) cites the “irretrievable breakdown of the marriage” as the reason for seeking a divorce, which is the sole ground recognised under Singapore law.
To proceed with a divorce application, the plaintiff must prove one of the six specific grounds outlined in Section 95A of the Women’s Charter.
These grounds include:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation for at least three years with consent
- Separation for at least four years without consent
- Mutual agreement.
Once the Writ for Divorce is filed, the defendant (the other spouse) has eight days to respond. If the defendant contests or opposes the divorce, the process advances to the discovery stage, where both parties must disclose financial assets, liabilities, and other relevant information to aid in a fair resolution.
What Documents Are Filed in a Contested Divorce?
Key documents in a contested divorce include:
- Writ for Divorce: Initiates the divorce proceedings.
- Proposed Parenting Plan: Outlines arrangements for any children involved.
- Statement of Claim: Details the reasons for the divorce, marital assets, and any relief sought.
- Statement of Particulars: Provides specifics about the marital issues leading to the breakdown.
- Memorandum of Appearance: Filed by the defendant to indicate their intention to contest the divorce.
- Acknowledgement of Service: Signed by the defendant to confirm receipt of the divorce documents.
Proceeding with a contested divorce in Singapore is often complex and emotionally draining. Seeking the help of an experienced contested divorce lawyer is essential to safeguard one’s rights and facilitate a more manageable resolution.
How Long Does a Contested Divorce Take in Singapore?
The duration of a contested divorce can vary widely, influenced by the complexity of the case, the number of issues in dispute, and the court’s schedule. Generally, such cases can extend from several months to over a year. Engaging a contested divorce lawyer can help expedite the process and alleviate emotional stress by facilitating negotiation and mediation.
FAQ about Contested Divorce in Singapore
I suspect that my spouse is having an affair. What should I do?
⁃ Observe Changes: Pay attention to any shifts in your spouse’s behaviour or routine. Look out for signs such as increased secrecy around their phone, late nights, extra attention paid to their appearance (like new clothes or a new haircut), or unusual changes in their schedule.
⁃ Recognise Tell-Tale Signs: Common indicators might include excessive phone use, being overly protective of their phone, and significant changes in personal habits.
⁃ Consider Professional Help: If you notice these signs, it may be prudent to hire a trustworthy private investigator (PI). A PI can help gather concrete evidence and clarify the situation.
⁃ Seek Legal Advice: Consult an experienced family law specialist or a contested divorce lawyer. They can offer guidance on the next steps and help you understand your legal options.
What does a PI need?
Here are some commonly asked questions by those filing for divorce:
- What Are My Rights?
- What Steps Should I Take?
- What Documents Do I Need?
- What Should I Be Mindful Of?
- What Are My Options If I Do Not Want a Divorce?
- What About Finances and Children’s Arrangements?
Additionally, you should take note of the following:
- Prepare Relevant Documents: Bring a comprehensive list of your assets (including savings, investments, and property details), recent payslips, and any known details about your spouse’s finances.
- Prepare Your Questions: List any specific questions or concerns you have to ensure they are addressed during your consultation.
Divorce is often a painful and prolonged process. It is crucial to find a contested divorce lawyer who understands your case, addresses your concerns, and with whom you feel comfortable. For more information or to schedule a consultation, contact us today.
Contested Divorce Law Articles
Types of Divorce: Contested vs Uncontested in Singapore
Divorce can be an emotionally challenging and legally complex process that couples may have to navigate through when their marriages go south, especially if both parties cannot agree on matters related to the split.
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