What are some of the steps involved in Uncontested divorce?
One of the significant differences between a contested divorce and an uncontested divorce in Singapore is in a contested divorce; both the parties disagree about the terms of the divorce, such as division of assets, allocation of debts, alimony, and child maintenance. In case of an uncontested divorce, both the parties agree on all the material terms of the divorce and do not need the court to divide assets or make determinations about spousal or child support or custody.
The divorce procedures in Singapore are complicated, and it is a long process even if both the parties agree on the divorce terms and ancillary matters (such as custody, maintenance, assets). If anyone party has lived in the area for a required time, you can proceed with your divorce process if your partner moves to another place. An uncontested divorce in Singapore is easy in which the court asks the questions related to your marriage, and they will get the information that meets the residency requirements and adequately complete the required forms.
After that, it depends on both the parties to communicate and negotiate the divorce terms together. You need to hire an experienced family lawyer who is child custody experts and family counselors, and you can easily navigate your issues and complete your uncontested divorce.
Filing for an uncontested divorce in Singapore can be done if all the below requirements are met:
- Both the parties must be Singapore citizen
- Both the parties have lived in Singapore for the past three years before the filing date of divorce
- Both the parties have been married for at least three years
- You and your spouse are not Muslims or are married under Muslim Law; otherwise, you will not be able to apply for a divorce at the Family Justice Courts and will have to proceed to the Syariah Court.
- You have to prove that your marriage is broken down with your spouse due to unreasonable behavior, desertion, adultery, and separation.
The court documents to be filed are:
- Writ for divorce
- Statement of Claim
- Statement of Particulars
- Affidavit of Evidence in Chief
- Draft Consent Order
- Defendant’s consent
- Request for Setting Down Action for Trial
To qualify for the simplified track, both the parties must have an agreement on:
- The divorce
- Child custody, if any
- Which parent will take care and control of the child
- Division of marital home
- Division of marital assets
- Maintenance of wife
- Maintenance of children
- Costs
Divorce is a complex process, and the procedures can be daunting and add on to your stress. The papers required for an Uncontested Divorce in Singapore are not filled correctly; your divorce can drag on indefinitely until the court finds it satisfactory. If you hire an experienced lawyer, he/she will help you handle all the paperwork and ensure that you have filled all the forms correctly.
The terms of the divorce process are part of the judgment, and it depends on the respondent filed a response or whether the couple can reach a mutual agreement about the terms.
Also, an experienced lawyer will give you the proper advice about your case if the terms of the settlement are equitable to you, especially with child custody and assets. Hiring an experienced lawyer will help you with all the divorce procedures, and it will save your time and effort a lot, and you will be in less trouble.