Simplified Uncontested Divorces - A "What Do I Do" Guide

Divorce in Singapore generally consist of 2 stages:

1. To determine whether the marriage has irretrievably broken down.
2. To determine how the ancillary matters being the children, assets and maintenance shall be dealt with.

This is often a long process which involves multitudes of divorce papers that can not only be confusing, but also time consuming and costly.

What is a Simplified Uncontested Divorce?

Since 2015, it is now possible to get divorced quickly and at a low cost. The Family Justice Court introduced Simplified Uncontested Divorce with the aim that spouses can have an amicable divorce in a more simplified track.

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The checklist guides you through some things that you might want to consider before applying for a Simplified Uncontested Divorce, and helps you to ensure a seamless and efficient divorce.

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Step 1: Before You Begin

The first step towards a Simplified Uncontested Divorce is to have an honest discussion with your spouse. Both of you need to consider whether you want to salvage the marriage or if divorce is the answer. Generally, effective communication is important, especially if there are children involved.

In order to qualify for a Simplified Uncontested Divorce, you and your spouse need to reach a mutual agreement and agree on everything in regards to the divorce, then the terms can be discussed.

Everything means the Reason for your divorce and the Ancillary Matters.

Reason for Divorce

Adultery

Adultery is when your spouse has sexual intercourse with another person.

Unreasonable Behaviour

Unreasonable Behaviour is when your spouse has displayed behaviour that is unreasonable and you can no longer tolerate it.

Desertion

Desertion is when your spouse has rejected the marriage and left you.

Separation

Separation is when you and your spouse have been separated for 3 years with consent. Or when you and your spouse have been separated for 4 years without consent.

If you want to know more about relying on the reasons above for getting a Divorce in Singapore, please read our article here.

Ancillary Matters

Division of Matrimonial Home

You may consider selling the matrimonial home in the open market. However, if you live in a HDB flat, you may need to surrender it to HDB if you do not fulfil the minimum occupation period of 5 years. Bear in mind that you may suffer a financial loss if you decide to surrender the flat back to HDB. Thereafter, you need to discuss how the sale proceeds shall be split between you and your spouse.

Alternatively, you may consider transferring your share of the matrimonial home to your spouse. If you had used your CPF to fund the purchase, you may request for your CPF back. If you do not, in the event that your spouse sells the matrimonial home in the future, you will not get your CPF back.

You may also consider transferring your share of the matrimonial home to your spouse for a certain amount, this will be up for discussion between you and your spouse.

Where you consider transferring your share of the matrimonial home, your spouse may be required to refinance the matrimonial property so that you are no longer liable for the mortgage.

Division of Matrimonial Assets

There are 2 types of matrimonial assets:

• Assets acquired during your marriage

  The first comprises assets that you or your spouse have acquired during the marriage. For example, a bank account that has been opened in you and your spouse’s joint names.

• Assets acquired before the marriage

  The second comprises assets that you had prior to your marriage but were enjoyed by your family or substantially improved by your spouse.

For example,

You owned an apartment before your marriage. After your marriage, the apartment was used as the matrimonial home. This is a matrimonial asset.

Or,

You owned shares before your marriage. After your marriage, your husband started handling your shares including making decisions on whether to sell. This is a matrimonial asset.

In Singapore, such matrimonial assets are subject to division. The usual approach that the court adopts is by considering the direct contributions and indirect contributions of you and your spouse.

• Direct contributions means financial contributions.
• Indirect contributions means actions such as looking after the children.

However, with a Simplified Uncontested Divorce, both you and your husband can decide how the matrimonial assets shall be divided. In fact, you can even agree that each of you shall keep your own assets. It’s that simple.

Child Custody, Care and Control, and Access

Child Custody

There are two types of Child Custody:

• Joint Custody means both parents will jointly decide major decisions such as healthcare, education and religion.
• Sole Custody means the sole parent who has custody will decide the major decisions in your child’s life.

In Singapore, it is common for the family court to grant joint custody in a divorce case. This is to ensure that the children will benefit from having both parents involved in their lives.

Care and Control

Care and control is usually determined by which parent your children will live with. When a child is very young, it is common that they stay with their mother due to the natural maternal bond. If your child is older, you should consider what he or she may want. Both you and your spouse may also consider a split care arrangement where your children will stay with you on certain days and with your spouse on other days. There should be an agreed Parenting Plan.

Access Rights

If you do not have care and control of your children, don’t worry. You can still have access. You may consider having liberal or reasonable access.

• Liberal access means you can see your children as and when you want.
• Reasonable access means a schedule should be in place on when you can see your children.

Ultimately, when considering issues relating to your children in the divorce process, both you and your spouse should consider what would be in their best interests.

Maintenance: Child and Spousal Support

Maintenance is financial support.

• Child Support

  As a parent, both you and your spouse have a responsibility to maintain your children. This includes ensuring that they have accommodation, clothes, food, education or the cost equivalent.

  Both of you need to consider how much maintenance your children need and how much each of you will contribute.

• Spousal Support

  Ex-wives and incapacitated husbands are also entitled to maintenance. Have an honest conversation with each other and determine whether you need maintenance. And if you do, how much?

Click here to read more about Ancillary Matters [Infographic included].

Step 2: The Court Documents

If both of you are able to agree on the reason for divorce and all of the ancillary matters in an amicable manner, you are then able to apply for a Simplified Uncontested Divorce.

The process of a Simplified Uncontested Divorce is rather straightforward. All necessary court documents are prepared prior to the proceedings. Such documents include:

• Writ of Divorce

  A document that must be filed in the Family Justice Court in order for divorce proceedings to formally commence.

• Statement of Claim

  A document that contains the particulars of you, your spouse and your children, the reason for the divorce , as well as the reliefs claimed in terms of ancillary matters.

• Statement of Particulars

  A document that highlights and explains in depth the facts that you are relying on in support of the Statement of Claim. The Statement of Particulars includes details on the reason for the divorce.

• Consent From Your Spouse

  Your spouse needs to give consent to a Simplified Uncontested Divorce.

• An Affidavit of Evidence-in-Chief

  A sworn statement that all the information you have provided in this uncontested divorce is true, accurate, and to the best of your knowledge.

• A Draft Consent Order

  As you and your spouse have agreed to all the terms of the divorce, a Draft Consent Order setting out the agreed terms should also be filed.

  Since this is a Simplified Uncontested Divorce, and it is safe to assume that parties agree on all matters, a Draft Consent Order shall be given to the Court for their consideration.

Step 3: The Court Process

Here’s a simplified overview of the court process for a Simplified Uncontested Divorce in Singapore:

• File your documents

  Once your documents are all in order, you may proceed to file them at the Family Justice Court and request a hearing be set down for your case.

• The Court schedules a hearing date

  You are not required to attend the hearing.

• During the hearing, the Court reviews filed documents

  If all the documents that you filed are in order, the Court will inform you of the outcome. If the documents are not in order, the Court will provide you directions on how to rectify the situation in the divorce proceedings.

• If the Court determines the marriage has irretrievably broken down, an Interim Judgment is granted

  An Interim Judgment is a partial judgment stating that the marriage has been dissolved.

  [Please note that you are still not allowed to get remarried yet (if you do intend to).]

• Upon receiving the Interim Judgment, you need to wait for 3 months before you can request for the Final Judgment

  The mandatory 3 months wait period after the Interim Judgment, is to allow both you and your spouse to consider whether there is any possibility for reconciliation.

• A Final Judgment is issued, finalising the Divorce

  Once you have obtained the Final Judgment, both you and your spouse are officially divorced.

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Download our Simplified Uncontested Divorce "The Court Process" Checklist

This guide takes you through the Court Process step-by-step on getting a Simplified Uncontested Divorce, and includes summarised list on what Court Documents you will need to prepare.

Click on the DOWNLOAD NOW button below to download our Simplified Uncontested Divorce - “The Court Process” Checklist.

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• Multiple Device Compatible
• Check The Boxes to help you as you go down the list

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Conclusion

The Simplified Uncontested Divorce proceedings provide an efficient, quick and low cost route. It encourages the parties involved to work together to achieve an amicable divorce, and to communicate in an effective way to resolve the issues amicably. This is especially so where children are involved and effective communication is key to co-parenting.

Whereas contested divorces are usually long drawn and costly. Ultimately, the children of the marriage are the victims as they are often pulled into such proceedings. To avoid such a situation, parties should always consider whether they can settle the matter amicably and reach a mutual agreement before proceeding any further.

Frequently Asked Questions

What is a Simplified Uncontested Divorce in Singapore?

A Simplified Uncontested Divorce is a streamlined process introduced by the Family Justice Court in 2015 for couples who mutually agree on all aspects of their divorce. It allows for a quicker, less costly divorce when both parties have reached an agreement on the reason for divorce and all ancillary matters.

Who is eligible for a Simplified Uncontested Divorce?

Couples are eligible if they agree on the reason for divorce and all ancillary matters, including division of assets, child custody, and maintenance. Both parties must consent to the divorce and have been married for at least three years.

What are the main steps in a Simplified Uncontested Divorce process?

The main steps include reaching an agreement with your spouse, preparing and filing court documents, attending a court hearing (if required), receiving an Interim Judgment, and obtaining the Final Judgment after a 3-month waiting period. The process is designed to be more straightforward than a contested divorce.

What documents are required for a Simplified Uncontested Divorce?

Required documents include a Writ of Divorce, Statement of Claim, Statement of Particulars, Consent from your spouse, an Affidavit of Evidence-in-Chief, and a Draft Consent Order. These documents outline the reasons for divorce and agreed terms between the parties.

How long does a Simplified Uncontested Divorce take in Singapore?

A Simplified Uncontested Divorce can be completed relatively quickly, often within 4-5 months. This includes the mandatory 3-month waiting period between the Interim Judgment and Final Judgment, allowing for potential reconciliation.

Can I remarry immediately after receiving the Interim Judgment in a Simplified Uncontested Divorce?

No, you cannot remarry immediately after receiving the Interim Judgment. You must wait for the Final Judgment, which is typically issued after a mandatory 3-month waiting period following the Interim Judgment.

How are child custody and access arrangements determined in a Simplified Uncontested Divorce?

The child custody and access arrangements are determined by the court based on the reason for divorce and all ancillary matters.

How is the division of matrimonial assets handled in a Simplified Uncontested Divorce?

The division of matrimonial assets is based on mutual agreement between the spouses. This can include decisions on the matrimonial home, joint bank accounts, and other assets acquired during the marriage, with the couple having the flexibility to decide how to divide these assets fairly.