Divorce is not a walk in the park. It often brings out the nasty side of people especially when push comes to shove. If you’re starting to think this is just like your typical break up, you should see all the legal procedures involved with divorce that will definitely make your life difficult.
One thing you can do to ensure this doesn’t go sour and out of control, is to know what kind of divorce you’re dealing with. Without proper knowledge about the kind of divorce you have at hand, you’ll have poor foresight to the procedures you’ll be taking to close it on a good note. You might end up stressing yourself out even before your marriage gets legally dissolved.
Typically, it could either be one of two kinds: Contested Divorce or Uncontested Divorce.
In an uncontested divorce, both spouses agreed on all matters. This means there is no dispute over the reasons for the dissolution of the marriage and the resulting ancillary matters.
On the other hand, a contested divorce is one where both parties are not able to come to an agreement on any issue.
As simple as they may both be in definition, each of them has their own quirks that you have to deal with. It’s not really as straightforward in real life when it comes to the set of legal procedures that you’ll have to undergo with either one. In the following sections, we’ll discuss some of the differences that you have to take into account when dealing with a contested or uncontested divorce.
Uncontested divorces typically clear the first stage of the hearing process faster. Since there are no objections from either side, all the court has to do is to look at the facts of the case and declare if there is indeed enough reason to dissolve the marriage. The parties don’t even have to attend at this point of the hearing because there’s nothing to argue about anymore.
It’s a totally different case when it comes to contested divorce. Since there is no consensus on the reasons for the breakdown of marriage among the parties, the court will have to assume the role of the arbiter. Both parties will have to show up in court and testify as witnesses to the matter and provide evidence suited to their claims.
After the first stage of the divorce is concluded, assuming that the court is satisfied that the divorce has broken down irretrievably, the next step will be to adjudicate the ancillary matters. The final Ancillary Matters Hearing will be heard in chambers.
The attendance from both parties may also be through their legal representatives.
DOCUMENTARY REQUIREMENTS (SG)
For you to be able to successfully file for a divorce in Singapore, the court needs the plaintiff to submit several documentary requirements that will aid in the court’s decision regarding their request for Divorce and they are illustrated in the table below.
|Uncontested Divorce (plaintiff)||Contested Divorce (plaintiff)|
|Writ for Divorce||Writ of Divorce|
|Statement of claim||Statement of claim|
|Statement of Particulars||Statement of Particulars|
|Draft Interim Judgement||Proposed Matrimonial Property Plan – if applicable|
|CPF Checklist – if applicable||Proposed Parenting Plan – if applicable|
|Mandatory Parenting Programme Completion Certificate – if applicable|
SPEED AND COST OF COMPLETION
If you’re filing for a divorce, you probably are in a rough spot that you just want to get away from so you can start anew. So, which of the two kinds of divorces are faster in completion and cheaper in cost?
An uncontested divorce will definitely cost a lot less than a contested divorce, because there is less work needed to be done to settle things peacefully. This is largely because of the absence of hindrances in the drafting and filing of relevant court documents after spouses have agreed to terms unanimously.
A contested divorce on the other hand may need a little more work. Since terms have to be rediscussed and re-negotiated, there will be a significant difference in the amount of documentary works and proceedings to undergo by both parties.
The attendance of both parties or their representatives are also needed in some sessions like the mediations, where there are children or properties involved.
An uncontested divorce usually gets granted the Certificate of Final Judgement in roughly about 4 months’ time. Whereas the contested divorce may take over a year to finish if the parties don’t come to terms with the conditions of their divorce.
Either way, divorce is never easy. Considering the documentary requirements in both cases when filing for Divorce in Singapore, it’s easy to get lost. This is why it’s always handy to have an expert Divorce Lawyer with you to guide you through the process. You’ll really never know what kind of divorce you’ll be dealing with. In the middle of it all, you or your spouse might find something that’s not to your advantage and you’re going to want to defend or get the advantage.