Divorce Timeline in Singapore: How Long Does it Really Take 

Getting divorced is a significant life event that can be emotionally and legally complex. The process of divorce involves several stages, each designed to address the legal, emotional and financial aspects of the dissolution of marriage. The time taken for each part of the process is an important factor to be aware of prior to making the application.

Grounds for Divorce

A divorce can only be granted if one party proves that the marriage has irretrievably broken down. This is demonstrated through one or more of the following grounds:

• Adultery: One spouse has committed adultery, and the other finds it intolerable to continue living with them.
• Unreasonable Behaviour: One spouse behaves in a way that makes it impossible for the other to continue living with them.
• Desertion: One spouse has deserted the other for at least two years.
• Separation: The parties have lived separately for at least three years (if both spouses agree) or four years (if only one spouse agrees).

Filing for Divorce (normal track)

A divorce application filed on the normal track may take 12 to 18 months to conclude.

Step 1: Preparation and Filing the Writ for Divorce

The formal process begins with the filing of an Originating Application for Divorce at the Family Justice Courts. This is done by the party initiating the divorce, known as the applicant. The respondent is the other party.

The divorce filing can be done through a lawyer, or the parties may choose to represent themselves. Filing the Originating Application for Divorce is the first step to officially commence divorce proceedings.

Step 2: Service of Documents

Once the Originating Application for Divorce has been filed, the respondent must be served with the documents. This is typically done by a process server or through registered mail. The respondent has fourteen days from receiving the Originating Application for Divorce to respond. If they do not file a Notice to Contest within this period, the applicant may proceed with an uncontested divorce.

Mediation and Counselling

Step 3: First Court Hearing

After the documents have been served, the Family Justice Courts will schedule the first Court hearing, typically within a few weeks. At this stage, the Court focuses on whether there are any issues relating to the divorce, such as custody of children, maintenance and division of assets.

If the parties are unable to come to an agreement, the Court may refer them to the Family Dispute Resolution (FDR) process. The FDR is designed to help the parties resolve issues related to children and finances without proceeding to a full trial. It is mandatory for the parties to attend mediation and counselling before a divorce decree can be granted.

Step 4: Mediation

Mediation is a crucial element in divorce proceedings. The Family Justice Courts encourage couples to attempt mediation in an effort to resolve disputes amicably, particularly concerning child custody and financial matters. During mediation, a neutral mediator will assist the parties in discussing their issues and reaching a mutual agreement.

If mediation fails to yield a resolution, the case proceeds to a more formal hearing. However, if both parties reach an agreement during mediation, they can present it to the Court for approval, and the divorce can be finalised quickly.

Interim Judgment and Final Judgment

Step 5: Interim Judgment

If the divorce is uncontested (both parties agree on the terms), it is estimated that the Court would grant an interim judgment within 4 to 6 weeks of the initial filing. An interim judgment is the first stage of divorce, and it legally acknowledges the breakdown of the marriage. However, the marriage is not officially dissolved at this point.

The interim judgment will also address the issues of custody, access to children, and the division of assets. If the parties have already reached an agreement on these matters, the Court will approve the terms. In the case of contested issues, the Court will make orders based on the best interests of the children and the fairness of the financial arrangements.

Step 6: Final Judgment

The final judgment marks the official dissolution of the marriage. It is usually granted 3 months after the interim judgment is granted. However, the time frame for final judgment can be longer if there are unresolved issues that require further Court hearings or additional mediation sessions. After the final judgment, the parties are officially divorced, and they may legally remarry.

Post-Divorce Matters

Even after the final judgment is granted, there are still post-divorce matters that must be addressed, particularly concerning the implementation of custody and maintenance arrangements. The divorce decree will outline the arrangements made for child custody, child maintenance and spousal maintenance. If there are any disputes after the divorce is finalised, the parties can return to Court for enforcement or modification of the orders.

Step 7: Enforcement of Orders

If either party fails to comply with the terms outlined in the divorce decree, such as failing to pay maintenance or refusing to adhere to custody arrangements, the other party can apply to the Court for enforcement. The Court has several options for enforcement, including garnishing wages, seizing assets, or even imprisonment in extreme cases.

Step 8: Modification of Orders

If circumstances change after the divorce (for example, if one party’s financial situation changes), either party can apply to the Court to modify the existing orders. The Court will assess the application based on the changed circumstances and may adjust maintenance amounts, custody arrangements, or access to children as necessary.

Timeline

The timeline for divorce proceedings can vary depending on the complexity of the case, whether the divorce is contested or uncontested, and whether the parties are able to reach an agreement on the issues:

• Filing the Originating Application for Divorce: This is the first step in the process, and the filing is usually done by the applicant. This stage could take one to two weeks.
• Service of Documents: After the Originating Application for Divorce is filed, the respondent is served with the documents. The respondent has fourteen days to file a Notice to Contest and 28 days to file a Reply.
• Mediation and Counselling: Mediation sessions can take place over the course of several weeks, depending on the availability of the mediator and the parties involved.
• Case Conference (contested): The Court will schedule a Case Conference once all pleadings are filed.
• Interim Judgment: If there are no contested issues, an interim judgment is usually granted within 4 to 6 weeks of the initial filing.
• Final Judgment: The final judgment can be granted 3 months after the interim judgment, though it may take longer if there are ongoing disputes.

In total, the divorce process in Singapore can take anywhere from 3 months to 18 months or longer, depending on the specific circumstances of the case. Uncontested divorces can be concluded in a shorter time frame, whilst contested divorces, particularly those involving children or complex financial matters, would take longer.

If you’re considering a divorce, seek the guidance of an experienced divorce lawyer to protect your interests and secure a fair outcome. Contact me today at 8039 9083 for a consultation.