In Singapore, divorces are classified as being either contested or uncontested.

Many divorcing clients request their lawyers to “go for uncontested divorce”. But, is this really a matter of choice?

This article seeks to demystify public misconception on what is meant by “uncontested divorce” by way of explaining the different mechanics behind the process of an uncontested divorce.

UNCONTESTED DIVORCE

Uncontested divorces occur when parties are able to come to an full agreement on one of the reasons for the divorce and how the statement of particulars i.e. the “story” of the incidents that happened during the marriage to form the reason for the divorce:

1. Unreasonable behaviour
2. Adultery
3. 3 years’ separation with consent of the other spouse
4. 4 years’ separation
5. 2 years’ desertion

Often than not, one spouse thinks that the other spouse had depicted one-sided complaint against the other spouse, some simply thinks that the story for the divorce is a complete lie, which acts as a push factor for the other spouse to file his defence and counterclaim.

To attain a truly uncontested divorce as early in the process as possible, most couples require the help of a professional divorce lawyer who can see both side of the pictures and recommend the most suitable way of writing a story to end the marriage, and at the same time, ensure sufficient particulars in the story for the judge in the Family Justice Courts to grant a divorce.

Along with the story for the breakdown of the marriage leading to a divorce, couples who insisted on going for uncontested divorce should also completely agree to all the ancillary terms which include division of assets, exact amount of child maintenance and spousal maintenance, and all other little details. As long as one issue (be it big or small), turns out to be a point for further discussion or a point of dispute, the whole divorce proceedings is classified as Contested Divorce Proceedings.

Contested Divorce Proceedings can also become uncontested along the way after parties decide to agree on the disputed terms halfway. However, this could only be achieved with negotiations, civil discussions, and exchanges of ideas of how to resolve the differences. It would greatly help and save time and tons of legal fees if a Specialist Divorce Lawyer could be engaged to assist the parties in negotiation and fair assessment of the dispute.

When 100% of the divorce and ancillary matters are resolved and agreed upon, your Family Lawyer will draft the terms in a professional and workable manner which would encapsulate all of the principles and nuances of parties’ agreement, along with compatibility with current legislations and laws relating to CPF and HDB etc.

Many law firms advertise for very low fees for the term uncontested divorce (ranging from $800-$1500) which includes only drafting of court documents and filing of documents to the courts without helping parties to come to a settlement or helping them understand what the legal rights are and the implication that they might face in the future with the kind of agreement both laymen attained together. The cheap divorce lawyers for uncontested divorce rely on the parties themselves to come to a full agreement.

In Yeolaw, we have the starting price of S$1200-$2200 for Uncontested Divorce Package to commence the divorce proceedings. What sets Yeolaw Family Lawyers’ Uncontested Divorce Package is that it includes not just drafting of court documents and filing of documents to the courts. The full list of services is as follows: –

1. Professional legal advice on client’s legal entitlement under the current family law, legislation and on the Family Justice Courts’ procedures;
2. Information gathering and analysis of documents for the purpose of recommending best solution and terms to client’s unique situation;
3. Negotiation, discussion, or friendly talk to other spouse to work on the terms to ensure higher possibility of settlement’
4. Drafting full set of court documents;
5. Filing the signed divorce court documents in the Family Justice Courts of Singapore;
6. Monitoring the timeline and extracting the Interim Judgment and Certificate for Divorce

Effective negotiation and communication with both parties is essential to get a fair settlement terms as early as possible.

Before your divorce turns contested, please contact Yeolaw Singapore Divorce Lawyers at 62203400 to know your options.