What Is The Simplified Uncontested Divorce Process Like In Singapore?

What Is The Simplified Uncontested Divorce Process Like In Singapore?

A simplified uncontested divorce has its name for a reason - it is a straightforward and simple process suitable if you find yourself in a situation where both you and your spouse are still on amicable terms but wish to part ways.

Generally, a simplified uncontested divorce takes place when you and your spouse both agree to getting the divorce, the reasons for the divorce, and are able to come to a mutual agreement on the ancillary matters such as:

  • Spousal Maintenance
  • Custody, and Care and Control of the Children
  • Access to the Children
  • Maintenance of the Children
  • Division of the matrimonial assets
  • How the costs of the legal proceedings are to be divided.

In recent years, the trend has been for divorcing couples to move towards simplified uncontested divorces as divorces filed through this process tend to save time, have lower legal costs, and dispense with both parties’ need to attend Court.

What Is The Actual Process Like?

There are 2 parts to the Simplified Uncontested Divorce Process.

  • Filing of the divorce documents; and
  • The Court administrative hearing.

Once both parties have come to an agreement on the divorce and the ancillary matters listed above, the necessary divorce documents will be signed in front of a Commissioner for Oaths before your lawyer (if you have engaged one) files the documents in Court.

Subsequently, 4 weeks after the documents have been filed, a Court administrative hearing will be held. If the Court does not have any issues with the divorce papers, an Order-in-Terms will be granted and the Interim Judgment will be extracted.

Neither party needs to attend the Court administrative hearing.

Filing of Documents

Once you have both come to an agreement, your lawyer/law firm will prepare the necessary divorce documents for you to sign before a Commissioner for Oaths (if you are based overseas, you will have to sign them with a Notary Public or a Consular at a Singapore Embassy).

The list of documents you will need to prepare are as follows:-

  • Writ of Divorce (Form 3)
  • Statement of Claim (Form 6)
  • Statement of Particulars (Form 8)
  • Request for Setting Down Action for Trial (Form 29)
  • Spouse’s consent to Simplified Uncontested Divorce Proceedings (Form 193*)
  • Spouse’s consent to grant Judgment on 3 Years’ Separation (if proceeding is based on 3 years’ separation) (Form 192*)
  • Draft Interim Judgment signed by both parties (Form 30*)
  • Affidavit of Evidence in Chief (Form 201*)

What Happens After The Documents Are Filed?

If the court is satisfied that your documents are in order, you will then be given a hearing date around 4 weeks after filing your documents. This is known as the Court administrative hearing. As the hearing will usually be conducted in Chambers, you and your spouse will not be required to attend. Members of the public are also not allowed to attend the hearing.

However, it should be noted that the Court has full discretion to call either party to attend the hearing. While this is a rare occurrence, it is still a possibility and something you should take note of. If the court grants your divorce at the hearing based on the terms that you and your spouse have agreed to, you will need to extract the Interim Judgment.

After the Interim Judgment has been approved, it takes at least 3 months and one day before you will be able to extract the Certificate of Final Judgment. Once the Certificate of Final Judgment has been extracted, your divorce is officially finalized.

Filed under: Divorce
Bonsai Law

Bonsai Law

A Law Firm with a Modern Mindset and a Traditional Work Ethic.

Read More Articles or View Profile