What is the difference between contested and uncontested divorce?
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PUBLISHED ONAugust 12, 2020 2:00 AM
As much as everyone generally goes into marriages hoping for a happily ever after, sometimes things take an unexpected turn, leading to a couple deciding to part ways and get a divorce.
Divorce can take place in two manners: uncontested and contested.
As one can tell from its name, an uncontested divorce is when all the issues have been pre-arranged with mutual consent from all sides.
During an uncontested divorce, Singapore couples see speedy trials. It is also referred to as ‘simplified uncontested divorce’.
But what exactly are the differences between a contested and uncontested divorce? To learn more, we consulted the team of divorce lawyers at PKWA Law.
With their extensive experience with clients who have gone through uncontested divorces and other divorce settlements, they tell us all there is to know about both types of divorce.
What is a contested divorce?
Any legal case will have a plaintiff and a defendant. In a divorce case, these will be the spouses.
If both the parties are not able to come to a common agreement in the divorce, it has to be contested in the court.
The common areas of agreement are:
- The grounds for divorce
- Custody and visitation of children
- Assets and marital property
- Alimony or maintenance
- Claims on separation before divorce
If either party disagrees about any one of these issues, they are entitled to fight it in a court of law. However, to prove a point, adequate evidence is required.
These adversarial proceedings usually become time-taking, arduous and expensive. The process here will take these following steps:
- The plaintiff serves a ‘Writ of Divorce’ to the defendant.
- The defendant will need to contest it by filing a ‘Defence’ within 22 days of the Writ.
- The plaintiff will need to ‘Reply to Defence’ and counter-claim within 14 days.
- A date for ‘Mediation’ or ‘Pre-trial Conference’ will be set to try and resolve some issues.
- After that, the case will show up for a trial to determine if the marriage has irretrievably broken down.
- If the affidavits and cross-examinations satisfy the court, it may grant you ‘Interim Judgement’.
In many cases, convincing the court takes unpleasant actions and long course. It may also involve the children from the broken marriage which makes it tiring and traumatic.
What is an uncontested divorce?
This is a divorce that is simplified and hassle-free because both the parties have come to a common agreement for divorce as well as the ancillary issues.
The areas of agreement are the same as in contested divorce but they have worked out the options.
Let’s take the issue of the children in the marriage. The points to be considered are – custody, care and control and the liberty to take decisions, frequency of visitations and whether it can be liberal access.
Singapore encourages joint custody, unless it is deemed harmful for the children otherwise.
In the issue of marital assets, the options under consideration are:
- The matrimonial home should be transferred to one party.
- The wife may buy the home from the husband.
- The husband may buy the home from his wife.
- The matrimonial property should be sold in the market.
The outstanding loans and other paperwork need to be evaluated before any decision.
The process for an uncontested divorce involves the following steps:
- The plaintiff serves the ‘Writ of divorce’ with ‘Statement of Claims’ and ‘Statement of Particulars’. They must confirm this to be accurate.
- The defendant files a ‘Memorandum of Appearance’ since they are not contesting the divorce.
- They can submit an ‘Agreed parental plan’ for children below 21 years.
- They will also file an ‘Agreed matrimonial property plan’.
- After this, a lawyer representing both sides can file a ‘Draft consent order’.
If the court is still not convinced about the irretrievably broken marriage, it may ask for evidence on the claims in an open court.
Once convinced, the court will grant an ‘Interim Judgement’ about the dissolution of marriage, to be finalised after three months.
The advantages of an uncontested divorce over a contested divorce
Contested divorce
- The couple doesn’t agree on divorce or the various issues related to it.
- The process takes almost a year or more.
- Lots of documents are required to prove every claim made by either party.
- Since it is a prolonged case, the charges for documentation and lawyers will be more expensive.
- Both parties need to be in court for the trial.
Uncontested divorce
- The couple agrees on dissolving the marriage and the ancillary issues.
- The whole process gets over in three to six months.
- Minimum documentation is needed.
- Since one lawyer can handle the proceedings, charges are reasonable and low.
- Attendance in court is not required.
From the above points it is clear that an uncontested divorce keeps the privacy and dignity of the procedure intact. Also, it reduces stress for the partners and trauma on the children.
Despite these advantages, an uncontested divorce will not work well in some peculiar situations.
- Do not consider this format, if you have been a victim of domestic violence. Do not attempt uncontested divorce if your partner has cheated on you or you don’t trust them.
- Don’t go for this if you are a violent couple and end up abusing each other during discussions.
- No point in going for an uncontested divorce if there are intractable disagreements about asset settlements.
- If your spouse is uncooperative or cannot be found.
Points to remember while taking divorce
In Singapore, you can file for divorce if you fall in the given criteria:
1. You have been married for at least three years.
2. Either you or your spouse is a citizen of Singapore or domiciled in Singapore. Alternately, you are residing in Singapore for more than three years.
3. You may file for adultery of your spouse.
4. You have been a victim of physical or mental abuse of any type.
5. If your spouse has deserted you for more than two years.
6. When you have been living in separation for three to four years.
Singapore divorce lawyers
It is always preferable to take advice from a divorce lawyer for all divorce proceedings and paperwork. Going for marriage counselling should be the first step before you file for divorce.
PKWA Law is one of Singapore’s largest specialist family law firms, providing all family law services including divorce, wills and probate. With over 30 years of experience, their professional team of Singapore family lawyers and divorce lawyers can help you in all your family law matters.
If your divorce is amicable and uncontested, PKWA Law’s divorce fees are one of the most affordable in Singapore:
- $1,200 all in (No Children, No Property & No Maintenance)
- $2,200 all in (With Children, HDB / Private Property & Maintenance)