Contested vs Uncontested Divorce in Singapore: Pros, Cons and Costs

Getting divorced is not a simple process. The first thing you should know about is the difference between a contested divorce and an uncontested (or simplified) divorce. Both processes are profoundly different in terms of legal complexity, duration, emotional toll and of course, cost.

What are the two divorce types?

Uncontested Divorce (Simplified track)

An uncontested divorce is when both parties agree on all issues: grounds for divorce and ancillary matters such as the division of assets, child custody, access and maintenance. If the parties are able to settle on all matters amicably, the Court process is largely administrative, with no physical hearings required.

Contested Divorce

Parties will file for an uncontested divorce when they are unable to agree on one or more major issues. These matters will be escalated to Court, requiring the parties to negotiate, mediate and potentially attend multiple hearings before the process comes to a resolution. Litigation is a route that parties should only take if they have exhausted all other options in attempting to resolve outstanding issues.

Timeframes: How long does each route take?

Uncontested Divorce

It is estimated that an uncontested divorce would take between 3 to 6 months, depending on efficiency and whether the documents have been filed correctly. The Court hearing date for the uncontested divorce will be scheduled within 4 to 6 weeks after the relevant documents are filed[1]. The Court will grant an Interim judgment (takes about one month), followed by a three‑month cooling-off period before the Final Judgment may be extracted.

Contested Divorce

A contested divorce is usually a much lengthier process than an uncontested divorce. Many cases take between 6 months to over a year, with complex or highly contentious disputes possibly stretching even longer. Mediation is mandatory if the parties have children under the age of 21. Mediation is an alternative dispute resolution method that may help to resolve matters before trial, thereby saving time, costs and angst.

Advantages and Disadvantages

Uncontested Divorce

Pros:

• Faster resolution (3 to 6 months) compared to a contested divorce;
• Lower legal costs, with many lawyers offering fixed‑fee packages as uncontested divorces are straightforward and uncomplicated;
• Lower emotional stress due to the cooperative process;
• Greater privacy, as proceedings are largely just document‑based and are not publicised in open‑Court;
• The parties have control over their own outcomes. They negotiate their own terms instead of having decisions imposed on them by the Court.

Cons:

• An uncontested divorce requires full agreement between the parties. Any unresolved matter risks becoming contested.
• This route is less effective if the terms are unfairly skewed in one party’s favour.
• May involve hidden charges if lawyers advertised unusually low fees.

Contested Divorce

Pros:

• The parties may seek judicial intervention when negotiation fails. This is necessary and unavoidable when the parties are unable to settle the matters between themselves;
• Courts are able to resolve complex issues justly and equitably;
• Mediation services, including Court‑based ones, may still be available to reduce friction between parties and give them a chance to negotiate and settle the matter.

Cons:

• Usually a lengthy process often exceeding a year;
• Legal costs would be high due to multiple hearings, having to hire expert witnesses, engaging in negotiations and prolonged litigation;
• Emotional strain – The adversarial nature of a contested hearing can be draining for everyone involved, especially children;
• Less privacy – proceedings are public and Court‑based.

How much might it cost?

Uncontested Divorce Fee Estimates

• An uncontested divorce could range between $1,500 to $3,500. This depends on a number of factors. For example, the cost would be lower if the parties do not have children or property issues.
• Some law firms offer fixed-fee packages for divorces. Always read the scope of work to know what it covers before entering into an agreement with your lawyer. By doing so, you can avoid surprises regarding any hidden fees.  

Contested Divorce Fee Estimates

Generally, the estimated lawyer’s fees for contested hearings range from $5,000 to $40,000+ depending on complexity and length of the process. It is important to set realistic cost estimates and prepare for the fees.

Other factors that could affect legal costs are disbursements (third party costs) such as:

• Court Filing Fees;
• Mediation Fees: Court-based mediation is free, but private mediation can cost between $3,000 to $6,000 per day. If lawyers are involved in the mediation, they would charge their hourly rates on top of what the mediator would charge;
• Private Investigators: If they are required for adultery evidence, their fees may cost $3,000 to $15,000;
• Asset Valuation/Forensic Accounting: A HDB valuation costs approximately $500 to $1,000 and forensic accounting costs could be between $10,000 to $30,000;
• Counselling/Therapy: $200 to $300 per session if necessary for emotional well-being.

Tips to Manage Costs

• If possible, opt for an uncontested route. It is cheaper, faster and less emotional.
• Use mediation or collaborative methods before resorting to litigation.
• If possible, speak to your lawyer to request fixed‑fee packages and itemised breakdowns to avoid any surprises.
• Always be well‑prepared. Get your documents organised early so as to minimise time spent by your lawyer on your case.
• Make good use of Court-based mediation which is often free.
• If applicable, check if you are eligible for the Legal Aid Bureau based on income and needs.

When considering a divorce, the uncontested route offers the clearest path to a smoother, more affordable outcome if both parties are able to collaborate effectively. It promises a faster process, lower costs and less emotional upheaval. However, if disputes arise over assets, children or maintenance, then a contested divorce may be unavoidable. Unfortunately, this process comes with protracted litigation, legal complexity and expense. Knowing your options helps you to assess which route suits your case.

As an experienced divorce lawyer in Singapore, I can provide you with the necessary legal and emotional support to help you through this challenging time. If you’re considering filing for divorce, contact me today at 8039 9083 for a consultation.