What is an Uncontested Divorce?
Understanding Uncontested Divorce: A Simplified Process for Mutual Agreement
An uncontested divorce, or simplified divorce, happens when both spouses agree to end their marriage and can mutually resolve all related matters without getting the court involved. It is a more amicable and streamlined process compared to contested divorces, and can be significantly faster and less costly.
An uncontested divorce is a simplified divorce proceeding where both parties agree to the divorce and all ancillary matters. Ancillary matters relate primarily to:-
(a) Custody, care and control of the children of the marriage
(b) Access to the children of the marriage (for the parent without care and control)
(c) Maintenance of the children of the marriage
(d)Maintenance of the wife/incapacitated husband
(e) Division of the matrimonial home
(f) Division of the matrimonial assets
Once all of the above has been agreed, an Interim Judgment setting out all the ancillary
terms will be issued after 4 weeks and thereafter a Final Judgment will be granted 3 months after the date of the Interim Judgment.
Agreements Involved in an Uncontested Divorce
Ground for Divorce
The ground for divorce in Singapore involves the irretrievable breakdown of marriage. This can be established through several factors:
- Adultery
- Unreasonable behaviour
- Separation of three years
- Separation of four years
- Desertion of two years
Both parties must agree on the grounds to proceed with an uncontested divorce.
Child Custody and Access
Both spouses must agree on the custody arrangements for their children during the divorce process. The party with care and control will have the children living with them and the authority to make daily decisions regarding their upbringing.
It is also essential for the parents to discuss and agree on the frequency and nature of access for the other parent. This could range from reasonable to supervised or liberal access.
Both parties should consider whether to pursue joint custody. It requires mutual agreement on major issues such as education, medical care, and religious upbringing. In Singapore, joint custody is generally encouraged unless it is evident that such an arrangement would not serve the children’s best interests.
Division of Assets
In an uncontested divorce, the couple must agree on how to divide their matrimonial assets, particularly the matrimonial home. I
Some common options to divide the matrimonial home:
- Sale of the matrimonial property on the open market.
- The husband purchasing the matrimonial home from the wife.
- The wife purchasing the matrimonial home from the husband.
- Transferring the matrimonial home to one party.
The division of matrimonial assets can be complex, particularly if there are outstanding bank loans, HDB flat eligibility issues, or CPF monies involved.
Maintenance
Maintenance agreements cover the financial support that one spouse may provide to the other and to the children. This includes spousal maintenance for the wife or an incapacitated husband and child maintenance to ensure the children’s welfare.
Timeline of Divorce Proceedings
The duration of uncontested divorce proceedings can range from five to six months. Once both parties have reached an agreement on all ancillary matters, an Interim Judgment will be issued about four weeks later. A Final Judgment can then be granted three months after the Interim Judgment, provided all ancillary matters are resolved.
How long do divorce proceedings take?
The duration of a divorce proceedings depends on the complexity of the matter. An uncontested divorce would normally take within 6 months to a year while a contested divorce may take a year or more to be resolved.
Even if 3 months have lapsed since the grant of the Interim Judgment, a Final Judgment cannot be granted if there are still unresolved ancillary matters. A Final Judgment can only be granted when all ancillary matters are resolved and the 3-months period has passed.
FAQ about Uncontested Divorce in Singapore
How do I file for a divorce?
To be eligible to file for a divorce in Singapore, you must meet the following conditions:
- Marriage Duration: You must have been married for at least three years unless you can demonstrate extraordinary hardship or if your spouse has been exceptionally unreasonable or cruel.
- Residency Requirement: Either you or your spouse must be domiciled in Singapore or have resided in Singapore for at least three years immediately before starting the divorce proceedings.
- Irretrievable Breakdown: You need to prove that the marriage has broken down irretrievably. The four factors that define “irretrievable breakdown” include:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation
Do I need a lawyer to get divorced?
While you can file for a divorce on your own, handling the entire process—including filing documents, representing yourself in court, and corresponding with your spouse’s lawyer—can be burdensome. It is highly recommended to engage a lawyer to guide you through the process, provide valuable advice, and manage the complexities of the divorce to ensure everything proceeds smoothly.
How Long Do Divorce Proceedings in Singapore Last?
The duration of divorce proceedings in Singapore can vary based on several factors, such as:
- Contested vs. Uncontested Divorce: Uncontested divorces generally take between five and six months, while contested divorces can extend to a year or more. The timeframe for uncontested divorces also depends on the level of cooperation between both parties.
- Complexity of Ancillary Matters: Issues like asset division and child custody can impact the overall duration.
Contact us today for more information on how long an uncontested divorce in Singapore might take and to explore your options.
Uncontested 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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