Divorce is often seen as a contentious and adversarial process, but an alternative approach gaining traction worldwide, including in Singapore, is collaborative divorce. This method emphasizes cooperation, respect, and a mutually beneficial resolution, making the difficult process less acrimonious and more constructive for all parties involved. Here’s how collaborative divorce works in Singapore and why it might be a preferable option for some couples.
Understanding Collaborative Divorce
Collaborative divorce or Family Collaborative Process (CFP) is a legal process where both parties commit to resolving their disputes without having to litigate. Instead, they work with lawyers trained in collaborative methods to negotiate a settlement that addresses their needs and interests and work towards the goal of achieving a cooperative conclusion, or in simpler words, a peaceful resolution. Collaborative divorce addresses the following matters much like in a traditional divorce process:
- Child custody, control and care, and access
- Maintenance of child and spouse
- Division of the matrimonial assets
- Other areas: Legal Separation, Annulment, Prenuptial and Postnuptial agreements
In the event that the collaborative divorce fails and parties proceed on a contested basis, all parts of the discussion and negotiations previously held will not be allowed to be used in later Court proceedings, except matters relating to the parties’ financial documents.
The Collaborative Divorce Process in Singapore
- Choosing Collaborative Lawyers: The first step is for each party to hire a lawyer trained in the process of collaborative divorce and accredited by the Singapore Mediation Centre. These lawyers play a crucial role in guiding their clients through the process of collaborative divorce and helping to facilitate negotiations. It is important to ensure that parties are properly guided and advised, thus, not to diminish or ruin any prospect for a collaborative divorce.
- Preliminary Discussions: Upon meeting your chosen collaborative divorce lawyer, the circumstances, i.e., the nature and state of relationship with your spouse, should be explained clearly to your divorce lawyer. Your divorce lawyer will advise you whether the collaborative divorce process is a viable option for you.
- Agreement Not to Litigate: One of the benefits of the collaborative divorce process is that parties agree to resolve the issues by means other than litigation, i.e., alternative dispute resolution and mediation. This allows parties to be more open and willing to negotiate without the fear of litigation.
- Series of Negotiation Meetings: The parties engage in a series of structured meetings, with their respective divorce lawyers, where they discuss and negotiate various issues, such as the division of matrimonial assets, child-related issues such as custody, care and control, access, and maintenance for wife and/or children. The divorce lawyers of the respective parties will help facilitate these discussions, ensuring they remain productive and respectful.
- Reaching an Agreement: The goal is to reach a mutually acceptable settlement. Once an agreement is reached, the divorce lawyers draft the necessary legal documents to formalise the divorce. This agreement is then submitted to the Court for approval and once approved, the court will issue an Order of Court, thus finalising the divorce.
Some Benefits of Collaborative Divorce
- Amicable Resolution: Divorces are a difficult time for many people, marking the end of a once supposedly loving relationship and in some instances, resulting in highly acrimonious and emotionally charged legal proceedings. However, collaborative divorces focusing on cooperation and mutual respect often result in less acrimony compared to traditional divorce proceedings. This is particularly beneficial when children are involved, as it helps maintain a more positive co-parenting relationship.
- Control and Flexibility: Couples have more control over the outcomes and can tailor solutions to fit their unique needs, rather than having a judge make decisions for them. As parties themselves know their circumstances and situations best, through their divorce lawyers, parties are able to have a more productive and transparent discussion without worry of litigation.
- Cost and Time Efficiency: Although it might seem that involving multiple professionals would be more expensive, collaborative divorce can be more cost-effective in the long run. In a contested divorce process, court applications and filings incur costs for parties. Unlike contested divorce proceedings, collaborative divorce often avoids the prolonged litigation process, reducing both legal fees and the emotional toll on the parties.
Challenges and Considerations
Despite its advantages, collaborative divorce may not be suitable for all couples. It requires a certain level of trust and willingness to cooperate, which might not be present in high-conflict situations. Additionally, if one party is not fully transparent about assets or other critical information, the process can break down.
Conclusion
Collaborative divorce in Singapore offers a dignified and constructive way for couples to part ways. By focusing on collaboration and mutual respect, it provides an alternative to the adversarial nature of traditional divorce, aiming to achieve a resolution that works for both parties and their families. As more couples become aware of its benefits, collaborative divorce could become a preferred option for those seeking a more amicable end to their marital relationship.
