What Is The Difference Between A Contested And An Uncontested Divorce In Singapore?
Published by Bonsai Law
If you are contemplating a divorce from your spouse and do not know where to begin, the first step is to think about whether your divorce will be Uncontested or Contested.
Let’s look at some of the main differences between the two:
| Uncontested Divorce | Contested Divorce | |
|---|---|---|
| The Fundamentals | You and your spouse are agreeable to dissolving your marriage, and also agreeable on the terms and conditions of the divorce. | You and your spouse cannot agree to dissolving your marriage and/or cannot agree on the terms and conditions of the divorce. |
| The Documentation | Lower volume of documents needed. | Higher volume of documents needed. |
| The Process | The process is straightforward and less complicated, and has a higher chance for an amicable split. | The process is more complex, and can end up involving the filing of additional sub-applications which can cause the relationship between you and your spouse to become even more acrimonious. |
| The Effect On Children | If you have children, the Uncontested Divorce process may be less detrimental on your children’s emotions and general well-being. | If you have children, the Contested Divorce process may become a very difficult time for your family, and may also have a very negative impact on your children’s emotional and mental well-being. |
| The Proceedings | Hearings are held in chambers, and you and your spouse are usually not required to attend the hearing. | You and your spouse will both need to be present, and you will be expected to take the stand and present evidence to the court in certain scenarios. Many additional documents (a lot of which involve personal details and statements) have to be filed in court. |
| Length of the Hearings | Generally less than a day. | Depending on the situation, may take multiple days extended over a period of time. |
| The Outcome | You and your spouse get to decide, and have full control over the outcome. | The Judge makes the decision on the divorce, and terms and conditions of the divorce. The decision is binding, unless you choose to appeal the decision. |
| The Duration | Takes around 4 to 6 months for the entire process to be concluded. | Takes longer than 4 months, and usually extends beyong 1 year. |
| The Costs | Law firms tend to charge a lower rate for Uncontested Divorce proceedings due to the lower volume of documentation, as well as the shorter time frame for the process. | Depending on the complexity of your matter, and how long it goes on for, legal fees can end up being many multiples of the fees for an Uncontested Divorce proceeding. |
Going through a divorce is difficult enough as it is. Generally, we encourage couples who wish to split up to go through the uncontested divorce process, allowing them to save time, money, as well as to minimize the ill-feelings and frustrations that come with a contentious divorce.
Unfortunately, there are certain situations where the uncontested process may not always be the best option and it is necessary to initiate contested proceedings instead.
If you are contemplating your options with respect to whether an uncontested or contested divorce is right for you, we can assist. Just get in touch with us through our contact form below and we will follow up with you regarding your matter.
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In order to facilitate agreements between you and your spouse, the Singapore Mediation Centre provides mediation sessions that may help as well.
You can read about the Family Mediation Scheme and Collaborative Family Practice here.
