In Singapore, the Family Justice Courts encourage uncontested divorce for all divorcing spouses, which offers a less costly and more expedient process. When the spouses cannot agree on the grounds of divorce or ancillary matters, such as division of property, maintenance, or child custody, the court may order mediation sessions to help the parties settle their disputes amicably to avoid a hostile and adversarial process.
Below, we compare divorce mediation in Singapore with formal court proceedings and explore the benefits and limitations of each to help you decide which option may be better suited to your situation.
Table of Contents
Key Takeaways
- The Family Justice Courts can direct divorcing spouses to mediation before proceeding with a contested divorce.
- Mediation is mandatory for divorcing spouses in Singapore who have children under 21 years old.
- Resorting to mediation can help achieve an uncontested divorce, resulting in a more expedient and less expensive process.
- If one of the spouses remains unreasonable or is not willing to negotiate fairly, resorting to contested divorce can be the only option.
- Having an experienced divorce lawyer by your side during mediation sessions can help you better understand your legal options and conduct more effective negotiations.
Overview of Mediation vs. Court Proceedings
In the divorce process in Singapore, mediation is one of the legal paths the spouses may use to resolve their disputes. Unlike court proceedings directed by the judge, the mediation sessions are administered by a mediator whose role is limited to facilitating discussions and helping spouses achieve amicable resolutions to their disputes.
The main differences between divorce mediation in Singapore and court proceedings are outlined below:
| Divorce mediation in Singapore | Court Proceedings for Contested Divorce |
|---|---|
| Mediation sessions are led by the mediator. | Court hearings are conducted by the judge. |
| During mediation, the spouses can negotiate their disputes in divorce to achieve an uncontested divorce process. | Court hearings result in court orders related to the matter of divorce. |
| In mediation, the spouses have full control over their agreements and the outcome of negotiations. | The final say in all divorce matters is with the judge. |
| Mediation is non-binding unless the spouses agree to record their agreement in writing. | Court orders are binding on both spouses. |
Divorce Mediation in Singapore
There are several types of divorce mediation in Singapore that may be applicable to your case, depending on the circumstances:
Family Dispute Resolution (FDR) Programme
Spouses going through a contested divorce with children under 21 years of age are obliged to go through a court-based FDR mediation programme. Depending on the case, the Family Courts can also order couples without children or with children over 21 to go through FDR mediation and co-mediation as well.
Other Mediation Ordered by Family Courts
In addition to FDR mediation, the court can direct divorcing couples to go through other types of mediation before the case proceeds to a contested hearing.
Family Mediation Procedure Rules
In Singapore, the Family Mediation Procedure Rules scheme is an out-of-court mediation administered by the Singapore Mediation Centre. This type of mediation can be applied at any stage of the contested divorce process to facilitate amicable settlement.
Collaborative Family Practice (CFP)
Another type of mediation run by the Singapore Mediation Centre, CFP mediation is a pre-action mediation taking place before the start of any divorce or matrimonial proceedings. This type of mediation provides for a less formal and stressful process to help spouses negotiate an amicable agreement.
Divorce Court Proceedings in Singapore
Whether the spouses are going through a contested divorce or have an uncontested process, they will go through two stages known as Dissolution of Marriage and Hearing on Ancillary Matters, which includes division of matrimonial property, child custody, spousal and child maintenance.
In case of contested divorce, the court appoints a pre-trial conference aiming to reach an amicable agreement between the parties. At this stage, the court can order spouses to attend mediation sessions to convert a contested divorce into an uncontested one.
If the spouses still have disagreements on the grounds of divorce or any ancillary matters, for example, property division or custody, the court will review each party’s evidence in separate hearings and make decisions based on its judgment.
When to Choose Mediation?
In the divorce process in Singapore, mediation is mandatory for couples in contested divorce where there are children under 21 years old. I
In many other cases, mediation can be a preferable option to contested divorce when both parties are willing to negotiate. Compared to the contested court process, mediation has multiple benefits, which include:
- Less expensive than contested divorce court proceedings in Singapore,
- Usually faster,
- Greater control over the outcome,
- Less hostile proceedings.
When Court Proceedings Could Be Necessary?
If the spouses cannot reach an agreement on the grounds of divorce or ancillary matters through mediation, the remaining option is to pursue a contested divorce through court proceedings.
Having your divorce decided in court can have serious disadvantages, including a longer process, considerably higher legal costs, and serious emotional stress. At the same time, when one of the spouses is not willing to negotiate fairly, having your divorce matter decided by the judge can help better defend your rights and interests.
Misconceptions about Divorce Mediation
Even though divorce mediation in Singapore is an established practice and often directed by the courts in contested cases, many spouses have multiple misconceptions about the mediation process, which may prevent them from exploring all their options.
Most common misconceptions about divorce mediation in Singapore include:
- Mediation Means Reconciliation: While in rare cases mediation sessions can lead to reconciliation, the goal of mediation is to convert a contested divorce into an uncontested one.
- Mediator Will Take Decisions For You: In reality, a mediator’s role is limited to facilitating discussions and does not include making any decisions for the spouses.
- Mediation Is Costly: In practice, contested divorce often results in much higher legal costs, while some types of mediations, such as the FDR Programme, are free.
- You Don’t Need a Lawyer for Mediation: Having a lawyer by your side during mediation can help you better understand your rights and negotiate with your spouse.
- Mediation Doesn’t Work: While in some complex cases a contested divorce can be the only remaining option, mediation often helps spouses reach an amicable resolution and have an uncontested divorce.
Making a Decision to Go for Mediation or Court Proceedings
The decision whether to choose mediation or the contested divorce process in Singapore should be carefully considered. Making an effort to reach an amicable arrangement with your spouse through mediation can save considerable time, effort, and costs, provide better control over the divorce outcome, and result in a less emotionally charged process.
If the other spouse is not agreeable, a mediator can still be of significant assistance by facilitating discussions and helping you and your spouse find a solution, even if there is ongoing conflict. It’s only in cases where the other spouse is not willing to negotiate fairly or continues to be unreasonable that presenting a matter to the judge in court proceedings could be a preferred path.
How IRB Law Can Help
If you are interested in exploring mediation to achieve an uncontested divorce process, having a divorce mediation lawyer in Singapore can help you better negotiate with your spouse.
Having a divorce lawyer by your side during mediation sessions could potentially result in a more favourable outcome. When you turn to IRB Law, our divorce mediation lawyers can help you by:
- providing full assistance during mediation,
- explaining your rights under family law,
- exploring your available legal options,
- negotiating with your spouse’s lawyer,
- providing full legal support for your divorce process in Singapore.
Conclusion
When you are going through the divorce process in Singapore, mediating your disputes with your spouse presents many benefits. When you can achieve an amicable agreement on the grounds for divorce, division of property, spousal maintenance, or child custody, the divorce process can be much easier, take less time, and involve considerably lower costs.
At the same time, having experienced lawyers by your side for divorce mediation in Singapore can help you better understand your options during negotiations, which may lead to better outcomes. If you are interested in more information, please don’t hesitate to contact IRB Law divorce lawyers for a free initial consultation on how we can assist in your case.
FAQs
Is mediation in the divorce process in Singapore a better option?
When the divorcing spouses cannot agree on divorce grounds or ancillary matters, such as division of property, maintenance, or child custody, mediation can help spouses negotiate and achieve an amicable resolution and obtain an uncontested divorce. Still, the parties may have to proceed with a contested process if one of the spouses doesn’t want to negotiate fairly or remains unreasonable.
Do I need a lawyer when going through divorce mediation?
While you can go to a mediation session on your own, having an experienced divorce lawyer with you during negotiations can help you better understand your rights, identify all your options, and achieve a better resolution.
Is taking mediation sessions looked favourably by the court?
The Family Courts of Justice in Singapore favour uncontested divorce to achieve a less hostile and more efficient process. For spouses with children under 21 years of age, having mediation sessions is obligatory before court proceedings take place. Even if you are not able to resolve your disputes with your spouse during mediation, having a mediation session before court proceedings is looked favourably by the judge and can result in a better outcome.
