Contested VS Uncontested Divorce in Singapore
In Singapore, a divorce can take one of two forms: contested or uncontested. The procedure that divorcing parties will go through is determined by whether either party decides to contest any issues related to the divorce. This is different from contesting the ancillary matters, which include custody, care and control, maintenance and the division of assets. Learn more about the differences between contested and uncontested divorces and divorces on the simplified divorce track.
Contested vs Uncontested Divorce
There are numerous facts and circumstances surrounding a divorce. If the reasons for a divorce cannot be settled amicably, the divorce will be classified as contested. This happens when the party against whom a divorce is filed, decides to contest the divorce by filing a Defence or a Defence and Counterclaim.
An uncontested divorce is one in which all aspects of the divorce can be agreed upon without the need for the court to make a decision. However, in some cases, either party may decide to contest the divorce by filing a Defence or a Defence and Counterclaim. The divorce itself will then proceed on a contested route, unless it can be resolved via mediation or negotiation. If there is no resolution on the divorce, the divorce will proceed to a trial where parties will need to attend in Court after the filing of their Affidavits of Evidence in Chief and any other relevant documents.
The First Stage: Dissolution of Marriage
After filing the Writ for Divorce and all the necessary accompanying documents in court, the plaintiff must serve the Writ for Divorce on the defendant at his/her personal address to commence divorce proceedings. After that, the defendant has eight days to decide whether or not to contest any aspect of the divorce. This is the usual process unless the Defendant is overseas or if there is a need to apply for Substituted Service of the documents.
Contested Divorce
If the Defendant decides to contest the divorce, whether to argue that the facts for divorce are not supported or true to prove the irretrievable breakdown of marriage, or if the Defendant wishes to remain married, he/she has eight days from the date the divorce papers were served to file a Defence or a Defence and Counterclaim.
A case conference will be scheduled, and both parties must attend a pre-trial conference or a mediation session to determine whether a settlement is possible. If mediation fails, a trial date will be set. Hearings will be held, and witnesses will be called to the stand. If the court is convinced that the marriage has irretrievably broken down after weighing all evidence, an Interim Judgement will be granted either on the Claim, the Counterclaim or on both. The Court may also dismiss the Claim, Defence and Counterclaim if the threshold to prove an irretrievable breakdown of marriage has not been met.
Uncontested Divorce
If the divorce is uncontested, the hearing of the divorce will be relatively straightforward.
If parties can agree on the divorce and all the ancillary matters prior to the filing of the Writ for Divorce, the divorce can then be filed on the simplified hearing track, which is recommended. However, there are always alternatives to Court dispute resolution, such as mediation. Parties are encouraged to explore these alternatives to lessen the acrimony of uncoupling.
Quahe Woo & Palmer’s team of experienced lawyers have been navigating Singapore’s legal landscape for years and are capable of handling complex disputes, including arduous contested divorce cases. Speak to one of our lawyers today.
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25 October 2023
BY Dylan Ong