What Should You Do If Your Spouse Doesn’t Want A Divorce?
The divorce process in Singapore can proceed on either route – contested or uncontested. It can be an extremely simple process if both parties are able to agree on all matters. However, once one party decides to contest the divorce and/or any of the ancillary matters, the matter can become complicated.
If your spouse does not wish to get divorced, he or she can show disagreement by filing a Defence, ignoring the divorce papers or refusing to take part in the court proceedings. In the event that this occurs, you would want to find the best possible solution. It is therefore good to know that should your spouse refuse to cooperate, there are ways for you to navigate the divorce process. Read on to find out more.
Filing a Defence
Upon filing for a divorce, you (plaintiff) will need to serve the Writ of Divorce on your spouse (defendant) to notify him/her of the divorce proceedings. Your spouse then has eight days to file a Defence to contest the divorce or argue that the marriage has not irretrievably broken down if your spouse is served with the papers in Singapore. If the defendant files a Defence, you have 14 days to respond with a Reply to Defence to dispute the disagreement. The defendant then has another 14 days to file a Reply to Counterclaim. Following that, you can file a Request to set down on contested divorce basis. The court will then hear and decide whether to dissolve the marriage after considering all evidence, facts, and circumstances of the case.
We recommend getting the assistance of a divorce lawyer in Singapore to file a Reply to Defence or any associated documents required under the Writ for Divorce.
Ignoring the Divorce Papers
When served with the Writ of Divorce, your spouse may choose to ignore service entirely. If this occurs, you can file a Request for Setting Down Action for Trial, and the court may set a hearing date to decide on divorce matters. This applies whether or not your spouse is present. All court orders will be binding on your spouse even if he or she is not present because a Memorandum of Appearance has not been entered.
Refusing to Show Up in Court
In the event that your spouse decides to not participate in the court proceedings, the divorce can still continue in their absence. It will not affect your application. All orders made by the court will be binding on your spouse even in his/her absence.
The stress of dealing with an uncooperative spouse and a protracted divorce can be tough to manage alone. With the help of a divorce lawyer and other professionals, the process can be navigated smoothly and with support.
At Quahe Woo & Palmer, we have a team of some of the best divorce lawyers in Singapore who are always ready to help ease and simplify the divorce process for you. Get in touch with us to speak to our lawyers. Our goal is to help you optimally restructure your life post-divorce.
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11 April 2023
BY Dylan Ong