Simplified and Uncontested Divorce

HOW TO CONDUCT SIMPLIFIED & UNCONTESTED DIVORCE PROCEEDINGS IN SINGAPORE?

In Singapore, the divorce proceedings can be classified as either contested or uncontested. Many clients, during their divorce proceedings, request their lawyers to pursue an uncontested divorce; some even believe their case to be straightforward. But, is it truly a matter of choice? If you decide to end your marriage, your spouse has the right to contest it, that is, to file a defence to your reasons for divorce.

2-stage Process for Divorce:

In Singapore, the divorce proceedings encompass two (2) components that need to be completed before the Family Justice Courts issues a Certificate for Divorce:

1. Divorce- Dissolution of the legal relationship between a man and a woman due to the irretrievable break down of the marriage;
2. Ancillary Matters arising out of a marriage- The issues of custody, care and control, access and maintenance of Child(ren) of the marriage; division of matrimonial assets and HDB or private properties, spousal maintenance, costs etc must have final conclusion. To record the concluded terms reached by Parties’ settlement by way of private negotiation or court mediation, a draft consent order or draft interim judgment; if terms concluded by judge’s decision after hearing the case at the Ancillary Matters Hearing, an Ancillary Matters Order or an Order of Court will be issued. 

Simplified & Uncontested Divorce

A simplified & uncontested divorce happens when parties agree to both the reason for divorce and ancillary matters. They may have reached the full settlement privately based on their own decision with or without seeking for legal advice.

Steps for Simplified & Uncontested Divorce

Step 1– The Parties will discuss and come to a full agreement on who should be the Plaintiff and who should be the Defendant. They will discuss on which reason to use for the Statement of Particulars from one of the five (5) reasons and how the “story” is to be written:-

1. Unreasonable behaviour
2. Adultery
3. Three (3) years’ separation with consent
4. Four (4) years’ separation
5. 2 years’ desertion (unlikely this reason as the spouse is most likely not found)

During this stage of the divorce proceedings, the Parties may also discuss the ancillary issues. The terms of settlement for custody, care and control, access and maintenance of Child(ren) of the marriage; division of matrimonial assets and HDB or private properties, spousal maintenance etc depend entirely on the Parties’ own discussions and opinions. They may also discuss sharing the costs for the Simplified and Uncontested divorce.

The Parties will mutually research and agree on which Divorce Lawyer to engage for their Simplified & Uncontested divorce, parties need not incur additional legal fees to engage another divorce lawyer.

Step 2– the Defendant would most probably know the settlement terms at this stage and will not dispute the Statement of Particulars and Draft Interim Judgment (Draft Consent Order). The lawyer will draft the divorce documents accordingly to the agreed terms, unless Parties request for legal consultation which is chargeable, or that the agreed terms are illogical and not according to law.

The lawyer will guide the Parties to sign their respective portions of the divorce documents and e-file the whole set of the divorce documents consisting of:

1. The consent from Defendant to the Simplified Uncontested Divorce
2. Marriage Certificate
3. Copy of the search result on information relation to bankruptcy proceedings of the Parties
4. Draft Interim Judgment with Agreed Ancillary Issues duly signed by both parties
5. Duly Signed CPF Checklists for the Plaintiff and the Defendant

How much does it cost for a Simplified Uncontested Divorce

Many law firms advertise for very low fees for the term uncontested divorce (ranging from $800-$1500) which includes only:-

1. drafting of court documents
2. filing of documents to the courts
3. extracting Interim Judgment and Final Judgment for Divorce

At Yeolaw, our starting price for an Uncontested Divorce Package to commence the divorce proceedings is S$1200-$2200. What distinguishes Yeolaw Family Lawyers’ Uncontested Divorce Package is not just the drafting and filing of court documents. Our comprehensive services include:

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

Is My Divorce Really Uncontested & Simplified?

Simplified and Uncontested divorces may turn contested when parties decide to dispute at least one issue of divorce or ancillary matters. The fees structure will change. You are advised to seek advice on the fixed costs structure for your contested divorce proceedings with one of our Yeolaw Divorce Lawyers for a peace of mind. Yeolaw offers fixed fee/capped fee even for contested matters depending on the progress of your case.

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.

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.

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

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