Guide to Uncontested Divorce
In Singapore, there are 2 types of divorces:
Contested
Uncontested (sometimes referred to as simplified or amicable divorce)
In this post, we will explain more about uncontested divorce.
What is an Uncontested Divorce?
A Simplified or Uncontested divorce basically means that both spouses agree to a divorce and all ancillary issues. The agreement must be reached before the divorce papers are filed to enable your lawyer to file the papers in the fast track simplified divorce hearing in the Family Court. You should then obtain your Interim Judgment in 4 weeks, and Final Judgment in another 3 months. Once the Final Judgment is received, the divorce is legalised and official. One may re-marry after this date.
The common areas of agreement as follows:
(1) What is the ground of divorce?
You and your spouse must agree to divorce and choose one of the following grounds:
a. one party’s unreasonable behaviour;
b. adultery, desertion;
c. 3 years’ separation with consent;
d. 4 years’ separation; or
e. divorce based on mutual agreement.
(2) Who has the children? (if any)
Both spouses must agree on who will have custody, care and control, and access of the children.
Custody: decision-making on the major issues of the children such as education, hospitalization and religion – usually “joint custody” to both parties;
Care & Control: who the children live with daily; and
Access: whichever parent does not have care and control of the children shall have access to the children. The access can be “reasonable” or “liberal”.
If there are children below 21 years old, both parties must attend the Mandatory Co-Parenting Programme (CPP) and obtain the CPP certificates before one can apply for a divorce in Singapore.
(3) How is the matrimonial home divided?
If there is a matrimonial flat or property, how will the home be divided? Will it be transferred to one spouse after the divorce or put into the market to be sold?
Click below on our earlier articles on the matrimonial home:
What Happens to Your HDB Flat After Divorce?
Post-Divorce: Transfer of Properties & CPF Refunds
(4) Maintenance
You and your spouse must also agree on who is to pay for the children’s monthly maintenance and the amount of such maintenance. If the wife is not working or does not earn much, there should also be an agreement on whether and how much the husband pays the wife maintenance (if any).
The preparations of the Uncontested Divorce papers
In an Uncontested Divorce, the paperwork is simplified, and your lawyer will prepare the following divorce papers (please note the paperwork from 15 October 2024 have changed pursuant to the new Family Justice Rules 2024):
Originating Application (OA)- this sets out the ground of divorce, the agreed ancillary terms, and both of your agreement to divorce – both parties need to sign this OA before a Commissioner for Oaths in Singapore, or before a Notary Public/ Singapore Consular General if overseas.
Notice of Proceedings to the Respondent – the Respondent must sign and return this.
Once the above two documents have been signed and returned to the Applicant’s lawyer or filed with the Courts, the matter will immediately be assigned a hearing date. Both parties do not need to attend the hearing. An Interim Judgment will be granted if all paperwork is valid. 3 months after the Interim Judgment is issued, the Final Judgment will be granted and issued. This means the divorce is official and legalised. One may re-marry thereafter.
Contact our lawyers at 8780-2499 for more information on uncontested divorces.
