In Singapore, divorces are classified as being either contested or uncontested. Many divorcing clients request their lawyers to “go for uncontested divorce”; some would even claim that their case is simple. But, is this really a matter of choice? If you decide to terminate your marriage, your spouse can choose whether he or she wants to contest it, that is, to file a defence to your reasons for divorce.
In Singapore Divorce process, there are two (2) components to complete before the Family Justice Courts issues Certificate for 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.
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:-
The Parties may concurrently discuss on the ancillary issues at this stage. 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 is depend entirely on the Parties’ own discussion and opinions. They may discuss on sharing the costs for Simplified & 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:
Many law firms advertise for very low fees for the term uncontested divorce (ranging from $800-$1500) which includes only:-
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: –
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.