Role of a Family Lawyer in an Uncontested Divorce

In Singapore, there are 2 types of divorces – uncontested divorce or contested divorce. In this article, we are focused on uncontested divorce and the importance of engaging a family lawyer to represent you even in amicable divorces. 

What is an Uncontested Divorce?

There is no difference in outcome between an uncontested divorce and a contested divorce, if successful, parties will be granted court orders (known as an Interim Judgment and Final Judgment) terminating the marriage. The difference between an uncontested divorce and a contested divorce, essentially, lies in the process. 

An uncontested divorce is only applicable to cases that meet the legal requirements for divorce and if parties mutually agree to the reason for divorce and the terms of settling the ancillary matters relating to the division of matrimonial assets, custody, care and control orders, and maintenance. Once all issues are agreed upon by both parties, the relevant documents may be filed. 

Parties to an uncontested divorce agree on the issues without having to attend court as matters are settled privately between the parties. In the event that, during the process of negotiations, parties cannot come to an agreement on certain issues, the divorce will have to proceed on a contested track.

The Importance of Legal Representation

Uncontested or collaborative divorces may be more appropriate where parties are amicable and able to agree on all the relevant issues and may also be beneficial given that uncontested divorces are usually less time-consuming and involve lesser legal costs. 

Despite these benefits, it is worthwhile and even crucial to engage a family lawyer to ensure that your rights and interests are protected, and you receive what is due. As the process of uncontested divorces occurs outside of court, being represented by a family lawyer will not only guide you through the process but also ensure that negotiations are productive and amicable and advise you on the appropriate matters such as whether the proposal is fair.

Overview of a Civil Divorce in Singapore

The legal requirements that must be met before initiating an uncontested divorce are as follows: 

1. The spouse must be married under civil law (as opposed to Syariah law); 
2. The spouse must have been married for at least 3 years before initiating divorce proceedings. The only circumstance that divorce proceedings may be initiated before 3 years is where there was exceptional hardship sustained by the plaintiff or exceptional depravity caused by the defendant; 
3. At least one of the spouses is either (a) domiciled in Singapore (essentially meaning that one has a personal connection to Singapore suggested a permanent home such as being a Singapore citizen), or (b) habitually resident in Singapore for at least 3 years before initiating divorce proceedings; 
4. The marriage must have broken down irretrievably due to reasons of unreasonable behaviour, 3 years’ separation (with consent), 4 years’ separation (without consent), desertion or adultery. 

Generally, the divorce process in Singapore occurs in 2 stages: 

1. The first stage relates to the termination of the marriage, i.e., the marriage has broken irretrievably; and
2. The second stage relates to the ancillary matters relating to the division of matrimonial assets, the custody, care and control of the children, access, and maintenance.

Initial Consultation

The information necessary for a family lawyer to evaluate your case is as follows: 

1. The reason for the divorce; 
2. If there are children of the marriage, the child-related issues such as who will have custody, care and control, access and how much maintenance is necessary for the child’s upbringing; 
3. Wife maintenance, if any, such as nominal, periodic, lump sum or no maintenance; 
4. Whether there are any matrimonial assets, which and how the assets are to be divided; 
5. What are your needs and wants; 
6. Whether the other party (i.e., the defendant) agrees to the divorce, the reasons for the divorce and the ancillary matters; and
7. Any other information that the family lawyer deems necessary or relevant.

At this stage of the initial consultation, the family lawyer will also address any concerns that you might have and advise accordingly. 

Negotiation

Once the family lawyer has the relevant information, it would be prudent to facilitate communication with the other party with the aim of reaching an agreement on the issues relating to the divorce and ancillary matters. 

This ensures that both parties will eventually be able to agree to the terms of the divorce, as mentioned above, in the event that one party is unable to accept the terms of the divorce, the divorce will not be able to proceed on an uncontested basis. 

During this stage, your family lawyer will negotiate on your behalf with the other party to reach a fair and amicable settlement on the relevant issues. 

Before Commencing the Uncontested Divorce Proceeding

Once the parties have come to an agreement on the issues relating to the divorce and ancillary matters. 

Step 1: Drafting Legal Documents 

The family lawyer for the plaintiff will begin preparing the relevant documents, which are as follows: 

Writ of Divorce; 

Statement of Claim – contains the particulars of the parties, date of marriage, particulars of the children (if any), reason for divorce and relief concerning the ancillary matters; 

Statement of Particulars – the narrative leading to the irretrievable breakdown of the marriage and attached herein are the following: 

1. A copy of the marriage certificate; 
2. Draft Interim Judgment Form (Draft Consent Order); 
3. Defendant’s Consent to 3 years’ separation (if applicable); 
4. Central Provident Fund (CPF) Checklist (if applicable); 
5. Bankruptcy Search (if applicable); 

If there are children of the marriage under the age of 21 years, the following documents are required: 

1. Certificate of Completion – spouses are required to attend the Mandatory Co-Parenting Programme conducted by the Ministry of Social and Family Development; and 
2. Agreed Parenting Plan – relates to how the children will be cared for and provided by the parents. 
3. Agreed Matrimonial Property Plan – if there is a Housing and Development Board (HDB) flat and it relates to how the HDB flat will be dealt with after the divorce; 
4. Defendant’s Consent to Simplified Uncontested Divorce Proceedings; 
5. Affidavit of Evidence in Chief; and
6. Request for Setting Down Trial for Action.

Step 2: Review and Sign  

Once the above documents have been drafted, they will be reviewed by the plaintiff and the defendant and once these documents are in order, certain documents such as the Draft Interim Judgement, Defendant’s Consent to Simplified Uncontested Divorce Proceedings, Defendant’s Consent to 3 years’ separation (if applicable) and the Affidavit of Evidence in Chief must be signed before a Commissioner for Oaths. 

During the Uncontested Divorce Proceeding

Step 3: Filing Documents

After the relevant documents have been drafted and duly signed by both parties, the documents are filed in the Family Justice Courts (“FJC”) via the court’s system (i.e., eLitigation). Once the documents are accepted by the FJC, a hearing date will be given within 4 to 6 weeks, but parties are not required to attend the hearing as it is usually conducted in Chambers. 

Step 4: Interim Judgement and Final Judgement

Once the FJC grants the divorce at the hearing, your family lawyer will be notified via eLitigation and will extract the Interim Judgment. Thereafter, parties will have to wait for 3 months after the grant of the Interim Judgment and your family lawyer will apply to extract the Certificate of Final Judgment, at this stage, the divorce is finalised. 

With the Final Judgment, parties will have to comply with the terms of the agreement to the divorce such as when and how to divide the matrimonial assets, and payment of wife and/or children maintenance. Parties and/or children of the marriage (if any) may be directed by the FJC to attend counselling and/or other support programmes available.

Benefits of Hiring a Family Lawyer

Hiring a family lawyer ensures that your divorce is handled with the utmost care and professionalism. While the process for an uncontested divorce is simple and more straightforward as compared to a contested divorce, there is still a lot of preparation work that goes into an uncontested divorce, such as drafting the legal documents and meeting all the formal requirements. As such being represented by a family lawyer will not only explain and guide you through the process but will also ensure a smoother process. 

Further, hiring an experienced and seasoned family lawyer will ensure your rights and interests are protected and that the outcome, especially relating to the ancillary matters, is fair and reasonable. With any divorce, emotions and tension may be high but your family lawyer will be able to provide guidance and support through this difficult time and offer you invaluable advice. 

Conclusion

The role of a family lawyer in an uncontested divorce is not to fight aggressively for what you want but rather to facilitate an amicable divorce with as little animosity as possible, all while protecting your rights and interests. Further, being represented by a family lawyer also helps ease the process as you need not worry about the documentation, requirements and timeline. 

Ultimately, it would be more beneficial to engage a family lawyer even in an uncontested divorce to ensure that at one of the most difficult times of your life, you and your children remain well taken care of and your needs are adequately and competently addressed.