You have received (or told to expect) the Writ for Divorce (Divorce Papers) from your spouse sent (to be sent) to you by either one of these ways:
An uncontested Defendant divorce is one where you agree that (a) you are the only person who caused the breakdown of the marriage due to you being faulted on the following:
and the reasons stated in the divorce papers are true and accurate.
Further, (b) you fully agree to all the terms relating to ancillary matters terms including to the division of assets, home, child(ren)’s custody care and control and access, child and spousal maintenance and other issues, and you have nothing to add further.
You will file your Memorandum of Appearance indicating that you agree to all terms and your spouse’s lawyer, who is the Plaintiff’s lawyer will extract the Interim Judgment and Certificate for Divorce. Easy.
You read through the Divorce Papers and you do not agree that the marriage break down solely due to your fault; or that you feel that the story in the Statement of Particulars are inaccurate and untrue. AND You may not agree with your spouse on his/her demands for the amount of maintenance for the Child(ren) or the way the HDB flat is divided.
You thus wish to make a formal legal objection to (a) the reasons for divorce stated in the Statement of Particulars as well as (b) all of the ancillary matters terms relating to the division of assets, home, child(ren)’s custody care and control and access, child and spousal maintenance and other issues.
The reality is that the Family Justice Courts will consider whether the marriage has irretrievably broken down and the divorce will be granted eventually, in most cases. The reality is that the reasons behind the breakdown of the marriage or who is to blame, apart from extremely serious cases, have no impact on agreed ancillary matters. However, if the ancillary matters are not agreed between the Parties, the reasons stated in the Statement of Particulars may affect the Defendant’s rights at the Ancillary Matters Hearing. For instance, a Defendant agreed to being a violent parent to the child, such statement will be taken as an admission under Section 60 of the Evidence Act, Defendant may not get the care and control of the child.
On the other hand, the Statement of Particulars cannot be so bare that it is lack of sufficient particulars. The judge may throw the whole divorce out due to ‘no case to answer’.
If you are a Defendant, you are advised to discuss your circumstances with an experienced Divorce Lawyer, rather than to simply agree to anything that is written in the Statement of Particulars against you.
At Yeolaw, we will do the following for the Defendant: –
At Yeo & Associates LLC, when we receive a Defendant’s engagement, we will assess the case honestly to protect the Defendant’s rights. If possible, we do not encourage the Defendant to fight the case as a matter of right or to incur more costs than necessary to handle the case. More often than not, we handle the matter in a more friendly and effective manner. Our expert divorce lawyers may suggest cost saving measures like: –
Proceeding to fight in the Divorce Trial and Fees Involved
When the Defendant receives the divorce papers with all types of allegations from the spouse, he/she might have the impulse to fight the spouse “all the way”. Unless parties can resolve their differences by way of court mediation or private negotiation between the parties with their respective lawyers, the contested divorce process has to be adhered to: –
The above contested trial hearing is hostile and unpleasant, especially where there are children in the marriage. The costs of proceedings are time-consuming and costly as it involves many documents and days in court; and ‘loser’ pays costs to the ‘winner’.
In most cases the process follows through without difficulty. In some cases there can be additional issues to be resolved. Any extra costs will be discussed and agreed with you before any work is undertaken.
If you need advice on reaching a financial settlement with the other party or agreeing arrangements for your children we will provide you with a separate note of these costs.
By paying a fixed price at the start of your case you have certainty about the costs involved. The alternative is to pay an hourly rate for the time your lawyer spends on your case.
At Yeolaw, we provide common-sensical guidance to our clients to assess whether a full-blown contested divorce trial is beneficial or whether practicality of costs saving shall prevail. Call us at 62203400 for a fixed fee quotation.