What is an Uncontested Divorce?
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.
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?
There are three conditions to satisfy in order to be eligible to file for a divorce.
(a) Parties must have been married for a minimum of 3 years unless it can be proven that one of the parties has suffered exceptional hardship or if your spouse has been exceptionally unreasonable and cruel.
(b) Either party must be domiciled in Singapore or must have resided in Singapore for at least 3 years immediately before commencing the divorce proceedings.
(c) The party filing the divorce must show that there has been an “irretrievable breakdown” of the marriage. There are 4 factors which defines “irretrievable breakdown”: -
- Adultery
- Unreasonable behaviour
- Desertion
- Separation
Do I need a lawyer to get divorced?
You may file for a divorce on you own. However, to undertake an entire divorce proceeding on your own, includes filing of divorce documents, representing on your own during the divorce hearings in Court and corresponding with your spouse’s lawyer if they have one.
It is thus encouraged to have a lawyer act for you as they will be familiar with the process, are able to offer useful advice and are better equipped to handling such matters and ensuring the process goes smoothly.
Uncontested divorce proceedings
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.
