Divorce in Singapore can follow a simplified or a normal track depending on whether you and your spouse agree on divorce, the grounds for marriage dissolution and ancillary matters, such as child custody, maintenance and division of property. While you can get a divorce when your marriage has been irretrievably broken, even if your spouse doesn’t agree, having an uncontested divorce can save significant time and costs and help to avoid a hostile adversarial process.
Below, we discuss the divorce process and define the steps for contested vs uncontested divorce in Singapore to help you understand what to expect and make an informed decision on how to proceed.
Key Takeaways
- Getting a divorce in Singapore requires having a strong connection with the city-state, being married for at least 3 years unless you suffer exceptional hardship, and having your marriage irretrievably broken.
- If your marriage has been irretrievably broken, you can end it even if your spouse does not agree, which leads to a contested divorce.
- A contested divorce process includes case conferences and a trial, where you will have to stand up before the judge and present your evidence.
- At any stage of the contested process, you and your spouse can request uncontested proceedings, which can save considerable time and costs.
What Are the Key Requirements for Getting a Divorce
Whether contested or uncontested, a divorce in Singapore can only happen if the required grounds are met, which include:
- You have been married for at least 3 years: In general, you need to be married at least 3 years before filing for divorce in Singapore, unless you can prove that you suffered exceptional hardship.
- There is a strong connection with Singapore: You can file for divorce in Singapore only if you or your spouse has a strong enough connection with the city-state, for example, being domiciled or habitually resident for at least 3 years.
- The marriage has been irretrievably broken: You need to demonstrate to the court that your marriage has been irretrievably broken beyond reconciliation by proving the existence of any of the reasons for divorce outlined in the Women’s Charter, or by mutual agreement.
Understanding the Divorce Process in Singapore
In Singapore, both contested and uncontested divorces always include two main stages.
Dissolution of Marriage
At the first stage, you and your spouse need to show the court that your marriage is broken beyond reconciliation. The court retains the power to reject the application or order mediation, counselling, or other programmes if it deems that reconciliation is possible. If the court is satisfied with the grounds for divorce, it will grant an Interim Judgment on Marriage Dissolution.
Ancillary Matters
At the second stage, the court resolves the practical aspects of divorce, including the division of matrimonial assets, child custody, and spousal maintenance. You can agree upon these matters with your spouse or have the court decide if you cannot reach a settlement.
What Is the Uncontested Divorce Process in Singapore
In an uncontested divorce, you and your spouse agree that your marriage is irretrievably broken, which helps you to avoid an adversarial trial.
When you and your spouse agree on the grounds for divorce before filing a matrimonial application, you can proceed with your divorce through the simplified track. This process is typically faster and less costly, with court hearings often lasting only a few minutes.
What Is the Contested Divorce Process in Singapore
If you or your spouse do not agree on divorce or ancillary matters, the divorce goes through the normal track. Under the normal track, there is still a chance to proceed on an uncontested basis if neither of you has requested a trial or hearing after filing the divorce papers.
However, if you or your spouse do not agree that your marriage is irretrievably broken, wish to contest allegations made in the application for divorce, or apply for marriage dissolution for different reasons, the divorce becomes contested. This process typically takes much longer and is more costly, as it involves a trial where you will need to appear before the judge and present your evidence at the hearing.
Steps in Uncontested Divorce in Singapore
Step 1: Filing the Originating Application
After you check your eligibility for divorce, agree with your spouse on the grounds for marriage dissolution, and discuss ancillary matters, you can start the uncontested divorce process by filing an Originating Application for Divorce (OAD), Form No. 2A, accompanied by bankruptcy searches on both spouses and a copy of the marriage certificate. You also need to serve the divorce papers on your spouse and file a proof of service. At this stage, you may or may not have reached an agreement on ancillary matters.
Step 2: Filing Supporting Documents
If you and your spouse have children below 21 years of age, you will need to file a Certificate of Completion of the Co-Parenting Programme (CPP). If your divorce goes through the simplified track, you also need to file an Applicant’s Affidavit of Simplified Proceedings and a Spouse’s Consent to Simplified Proceedings.
Step 3: Scheduling a Hearing
If the divorce papers are in order, the Court will schedule a hearing. Usually, you and your spouse are not required to attend the hearing for an uncontested divorce, which generally lasts only a few minutes. During the hearing, the judge will grant an Interim Judgment, which officially dissolves the marriage.
Step 4: Hearing on Ancillary Matters
If you and your spouse agree on ancillary matters, you are to file an Ancillary Relief Order (Form No. 8) signed before the Commissioner for Oaths. The court will review and confirm it if your agreement aligns with the law. In case you or your spouse do not agree on ancillary matters, you need to exchange the claims, file Ancillary Affidavits with the court, and attend an ancillary matters hearing.
Step 5: Extracting the Final Judgment on Divorce
You can extract the Final Judgment on Divorce three months after the Interim Judgment or after the court resolves all ancillary matters, whichever comes later. Extracting the Final Judgment finalises and completes the uncontested divorce process in Singapore.
Steps in Contested Divorce in Singapore
Step 1: Filing the Originating Application
After you check your eligibility, you can initiate the contested divorce process by filing an Originating Application for Divorce (OAD) Form No. 2A, accompanied by bankruptcy searches on both spouses and a copy of the marriage certificate. After filing the matrimonial application, you need to serve the divorce papers on your spouse and file a proof of service. Your spouse will have 14 days to file a Notice to Contest and 28 days to file a Reply disputing the grounds for divorce.
Step 2: Attending Case Conferences, CPPs, and /or Mediation
In contested divorce, you or your spouse must file a request for a trial or hearing date (Form No. 6) to inform the court that your case is ready to be heard. Following this filing, the court will notify you, your spouse, or your lawyers of the dates to attend case conferences. During case conferences, the judge will give directions on managing your divorce case, which may include attending mediation, the Co-Parenting Programme (CPP, or counselling.
Step 3: Filing Supporting Documents
If you and your spouse have children below 21 years of age, you will need to file a Certificate of Completion of the Co-Parenting Programme (CPP). You will also need to file an Affidavit of Evidence in Chief setting out the facts and evidence supporting your case for divorce.
Step 4: Trial and Interim Judgment
If the case conferences or mediation did not resolve the outstanding issues, the judge will set a date for a trial. During the trial, you and your spouse will need to present evidence and will participate in cross-examination before the judge. If the court is satisfied with the evidence that the marriage has been irretrievably broken, the judge will grant an Interim Judgment dissolving the marriage.
Step 5: Hearing on Ancillary Matters
Once the Interim Judgment of divorce is granted, the remaining steps mirror the process for uncontested divorce. If you and your spouse agree on ancillary matters, you are to file an Ancillary Reliefs Order (Form No. 8) signed before the Commissioner for Oaths. If you or your spouse do not agree on ancillary matters, you need to exchange the claims with your spouse, file Ancillary Affidavits with the court, and attend an ancillary matters hearing.
Step 6: Extracting the Final Judgment on Divorce
As with an uncontested divorce, you can extract the Final Judgment on Divorce three months after the Interim Judgment or after the court resolves all ancillary matters, whichever comes later. Extracting the Final Judgment finalises and completes the contested divorce process in Singapore.
Conclusion
Both uncontested and contested divorces go through the same main stages, including dissolution of marriage and the hearing on ancillary matters. In both scenarios, the spouses have to wait at least three months after the court dissolves the marriage before finalising the divorce.
At the same time, if either of the spouses does not agree on the divorce or the grounds for marriage dissolution, they need to contest the divorce, which includes additional steps and makes the process lengthier and more costly. Changing a divorce from contested to uncontested can help avoid an adversarial process and save considerable time and costs for both spouses. For more information on the legal steps for contested vs uncontested divorce in Singapore, please do not hesitate to contact IRB Law divorce lawyers for a consultation and full legal support.
