Uncontested vs Contested Divorce: What Are the Differences

Under the laws of Singapore, the process of divorce is divided into two stages namely, establishing the grounds of divorce and the ancillary issues (i.e. maintenance, children issues and division of matrimonial assets).

When parties are able to agree to both the grounds and the ancillary issues and are agreeable to sign the divorce papers, they can apply for divorce to Court under the simplified track, (which is also known as the uncontested divorce track), and where the papers are in order, they can be granted by the Courts on the terms parties have agreed upon. The process can be completed in about 4–6 months.

In the event that parties are unable to agree on either the grounds of divorce and/or the ancillary issues, the divorce will become a contested one, whereby parties will have their matters heard before the Court. In the event that parties have any minor children in the marriage, they will have to undergo Court-mandated mediation sessions in hopes of resolving all issues. Otherwise, the matters would have to be adjudicated and the process can take up to a year or more.

Why Is Uncontested Divorce Better?

As undergoing a divorce can be an extremely strenuous period for parties and children, it would therefore be in the interest of parties to resolve issues amicably and expediently under the simplified route. Furthermore, the costs to be incurred for a contested divorce would be exponentially more than that of an uncontested divorce.

Closing Thoughts

Parties who intend to divorce could decide between proceeding under the contested or the uncontested route. The factors that they may wish to consider in determining the best route for them would be:

• Costs
• Time expended
• Interests of the parties and children (if any) together
• Endurance to engage in prolonged acrimonious litigation

We are of the view that an uncontested divorce would be the preferred option in terms of affordability and preserving the relationship between parties and children. However, should circumstances forbid, it would be in the interests of parties to engage an experienced family practitioner who would be able to best advise on the steps moving forward and would take care of your interests in these challenging times.

Consult a Divorce Lawyer

For help with navigating the divorce process, contested or otherwise, schedule a consultation with Amy Lim, our divorce lawyer, at 9338 5040. We will guide you through your options and ensure your interests are protected.