Understanding Contested Divorce Proceedings in Singapore Law

Divorce can be a stressful and emotionally charged experience, especially when there are disagreements and hostility between the parties involved. In Singapore, like in many other jurisdictions, divorce can be classified into two main categories: contested and uncontested. While uncontested divorces generally involve parties who agree on most or all issues, contested divorces are those where the spouses cannot reach an agreement on some or all of the critical issues such as the division of property, child custody, maintenance, and other related matters.

What is a Contested Divorce?

A contested divorce is one where either or both parties disagree on one or more issues in the divorce process. These issues may involve matters such as the grounds for divorce, the custody and care of children, division of assets, and the payment of maintenance. In such cases, the Court plays an active role in resolving the disputes after hearing arguments from both sides.

A contested divorce begins when one spouse files for divorce but the other spouse either contests the grounds for divorce or disputes the ancillary issues such as custody, maintenance, or the division of matrimonial property. The contested divorce process is generally more complicated and time-consuming compared to an uncontested divorce.

Grounds for Divorce in Singapore

Under the Women’s Charter 1961, a divorce can only be granted if the marriage has irretrievably broken down. This breakdown can be proved by one or more of the following grounds:

• Adultery: One spouse has committed adultery, and the other spouse finds it intolerable to live with them.
• Unreasonable Behaviour: One spouse has behaved in such a way that the other spouse cannot reasonably be expected to continue living with them.
• Desertion: One spouse has deserted the other for a continuous period of at least two years.
• Separation: The parties have lived apart for three years or more, and both agree to divorce, or they have lived apart for at least four years without the consent of the other party.

In a contested divorce, the spouse who initiates the proceedings must prove one of the above grounds. Disputes often arise over these grounds, especially in cases of unreasonable behaviour or adultery, where the parties may disagree on the facts or the interpretation of events.

Role of the Family Justice Court

The Family Justice Court (FJC) is the Court in Singapore responsible for dealing with family-related legal matters, including contested divorces. The Court has the power to make decisions on all aspects of a divorce case, including the division of property, child custody, and maintenance. When the divorce is contested, the Court’s role becomes crucial in resolving the disputes between the parties.

At the FJC, the primary concern is to ensure that the decisions made are in the best interests of any children involved, as well as to ensure a fair and equitable division of assets. The Court seeks to encourage settlement between the parties, but has the authority to impose its decisions when agreement cannot be reached.

Issues in Contested Divorce Proceedings

In contested divorce proceedings, there are several issues that the Court may need to resolve. These include:

1. Division of Matrimonial Assets

The division of matrimonial property is often one of the most contentious aspects of a contested divorce. Matrimonial assets include property acquired during the marriage, such as the matrimonial home, savings, investments, and CPF (Central Provident Fund) balances of the spouses.

Under the Women’s Charter, the Court has wide discretion in determining how matrimonial assets should be divided. The Court’s main objective is to achieve a just and equitable distribution based on factors such as:

• The financial and non-financial contributions of each party to the marriage
• The length of the marriage
• The needs of any children involved
• The standard of living enjoyed by the family during the marriage

Court will make orders for the division of the property based on the specific circumstances of the case.

2. Child Custody and Access

Disputes over child custody and access are another major area of contention in contested divorces. The Court’s primary consideration is the welfare of the child. There are three forms of custody:

• Sole Custody: One parent has exclusive rights to make decisions for the child, including in areas such as education, medical treatment and religion.
• Joint Custody: Both parents share the responsibility of making major decisions for the child.
• Access (Visitation Rights): The parent who does not have custody of the child may be granted access, which is typically governed by a schedule that allows them to spend time with the child.

The Court will consider a variety of factors when determining custody and access, including:

• The child’s wishes, particularly if the child is of sufficient age and understanding (typically above the age of 7);
• The parents’ ability to care for and provide for the child;
• The stability of the home environment;
• The history of the parents’ relationship and their ability to cooperate in matters relating to the child’s upbringing.

3. Spousal Maintenance

Another issue that can lead to disputes in contested divorces is spousal maintenance. Under the Women’s Charter, one spouse may be ordered to pay maintenance to the other if the latter cannot support themselves adequately. The Court considers factors such as:

• The financial needs and resources of the spouse seeking maintenance;
• The standard of living during the marriage;
• The paying spouse’s ability to provide maintenance;
• The length of the marriage and the age and health of the spouses.

The amount and duration of maintenance depend on the circumstances of the case and are subject to the discretion of the Court.

4. Other Ancillary Matters

Other issues that may be contested in a divorce proceeding include the transfer of property, the division of joint debts, and the allocation of savings or pensions. The parties may also disagree on whether the Court should issue orders for protection from abuse in cases of domestic violence.

5. Procedure for a Contested Divorce

The contested divorce process is as follows:

1. Filing for Divorce: The spouse initiating the divorce files an Originating Application for Divorce outlining the grounds for the divorce and the issues in dispute.
2. Response to the Divorce: The other spouse can file a Notice to Contest and a Reply if they contest the divorce or any of the ancillary issues.
3. Mediation: Before proceeding to trial, the Court may require both parties to attend mediation to attempt to resolve the disputes amicably. Mediation is encouraged to save time and resources, and it may lead to a settlement.
4. Trial: If mediation fails, the case proceeds to trial. Each party presents evidence and arguments to support their case. The Court will then make a judgment based on the law and the facts presented.
5. Judgment: After considering all the evidence and submissions, the Court will issue a judgment on the divorce and ancillary issues. The judgment may include orders for the division of assets, child custody, maintenance and other relevant matters.
6. Appeals: If either party is unsatisfied with the Court’s decision, they can appeal to a higher Court. However, appeals in divorce matters are only allowed on specific grounds, such as procedural errors or significant misapplication of the law.

For individuals going through a contested divorce, it is recommended that you seek professional legal advice and consider all available options for resolving disputes, including negotiation, mediation or litigation. Whilst the FJC has the authority to make decisions on contested matters, the focus is always on achieving a just and equitable resolution that serves the best interests of the family, especially the children.