Getting Familiar with the Various Aspects of the Divorce Procedure in Singapore

by Jason S. Legal Advice in Singapore

Divorce is undoubtedly one of the most stressful events in one`s life. Hence, it is important to seek advice from an experienced divorce lawyer and take a realistic approach to ensure you get a fair outcome during divorce proceedings.

In Singapore, the divorce process is governed by the Family Justice Courts and aims at making the divorce process fair and transparent for divorcing couples.

In this article, we will try to get familiar with the various aspects of the divorce proceedings in Singapore. It is essential for applicants to set realistic expectations and also to select the best divorce lawyer to fight their case, based on their requirements.

Stages of Divorce

The divorce procedure in Singapore is divided into two main stages:-

The first stage is the dissolution of marriage and requires the parties involved to clarify to the court that the marriage has broken down irretrievably with the help of a divorce lawyer.

This information is used by the court to decide whether or not the marriage should be dissolved and interim judgment to this effect is then issued.

The second stage deals with the ancillary matters related to the divorce, including the division of marital assets, custody of children and the maintenance to be provided to the wife and the children.

Once the second stage has been completed, the court issues a final judgment that is generally, an official version of the interim judgment passed earlier. In most cases, the final judgment is passed three months after the interim judgment, although it might get delayed.

Eligibility criteria to get a divorce

A divorce the application may be filed through a Singapore divorce lawyer based on one of the below-given criteria.

Adultery: Individuals can seek a divorce from their partners, who might be cheating on them and have enough proof of the same.
Unreasonable Behaviour: A divorce application might be filed based on the unreasonable behaviour of one partner with the other.
Abandonment: If one partner in a marriage has been abandoned by the other partner for 2 years or more, the latter can apply for divorce.
Separation of Couples: If a couple has lived separately for at least 3 years by mutual consent or for 4 years without consent, they can apply for a divorce in a Singapore court of law.

Divorce Options in Singapore

In Singapore, there are 5 ways to get a divorce, namely:-

Simplified Uncontested Divorce
Divorce Mediation
4-Ways Lawyers negotiations
Court Litigation
Collaborative Divorce

What is Contested Divorce?

Divorce is said to be contested when divorcing couples are not in agreement with each other on issues like the division of assets, child custody, and maintenance of spousal and of the child(ren).

When a divorce is contested, couples go through the court process before the interim judgment is granted. In short, we can say that contested divorce is a complex and time-consuming process that involves greater stress and increased legal fees.

What is a Simplified Uncontested Divorce?

An uncontested divorce or a simplified divorce is where both spouses amicably agree on all of their divorce-related issues.

Divorcing couples can avoid the hassle of attending court with the help of an experienced divorce lawyer by choosing a simplified uncontested divorce to resolve all issues amicably. This will save them a substantial amount of legal fees.

An uncontested divorce proceeding is not open to the public, thus preserving the privacy and dignity of the divorcing couple.

However, it is worth noting that even in the event of uncontested divorce, divorcing couples have to satisfy the court that their marriage has "Irretrievable Broken down", which is the one and only ground for getting a divorce in Singapore. This claim can be proven through one of the following:

unreasonable behaviour
adultery
desertion
separation

Once the court is satisfied that the marriage has irretrievably broken down and that all ancillary matters have been settled, it will grant an Interim Judgment, confirming that the marriage has been dissolved. This Interim Judgment can only be made final after 3 months.

Benefits of an Uncontested Divorce

Importantly, parties are NOT required to attend court, they save money, and preserve the privacy and dignity of the family unit.

What documents are needed to file for a divorce in Singapore?

In order to initiate the divorce process in Singapore, the Plaintiff (spouse filing for divorce) needs to submit a number of court documents. It is advisable to engage an experienced divorce lawyer who on your instructions and disclosure can draft the required documents relevant for the case.

Here is the list of documents that the Plaintiff needs to submit in the court: –

Writ for Divorce
Statement of Claim
Statement of Particulars
Draft Interim Judgment
CPF Checklist – if applicable

The sole purpose of this article is to provide general information only to the reader and does not constitute legal advice. We request our readers to please engage an experienced divorce lawyer or any family law firm to seek legal advice if they are considering filing for divorce in Singapore.