What is the difference between contested and uncontested divorce?

As much as everyone generally goes into marriages hoping for a happily ever after, sometimes things take an unexpected turn, leading to a couple deciding to part ways and get a divorce.
Divorce can take place in two manners: uncontested and contested.
As one can tell from its name, an uncontested divorce is when all the issues have been pre-arranged with mutual consent from all sides.
During an uncontested divorce, Singapore couples see speedy trials. It is also referred to as ‘simplified uncontested divorce’.
But what exactly are the differences between a contested and uncontested divorce? To learn more, we consulted the team of divorce lawyers at PKWA Law.
With their extensive experience with clients who have gone through uncontested divorces and other divorce settlements, they tell us all there is to know about both types of divorce.
Any legal case will have a plaintiff and a defendant. In a divorce case, these will be the spouses.
If both the parties are not able to come to a common agreement in the divorce, it has to be contested in the court.
The common areas of agreement are:
If either party disagrees about any one of these issues, they are entitled to fight it in a court of law. However, to prove a point, adequate evidence is required.
These adversarial proceedings usually become time-taking, arduous and expensive. The process here will take these following steps:
In many cases, convincing the court takes unpleasant actions and long course. It may also involve the children from the broken marriage which makes it tiring and traumatic.
The areas of agreement are the same as in contested divorce but they have worked out the options.
Let’s take the issue of the children in the marriage. The points to be considered are – custody, care and control and the liberty to take decisions, frequency of visitations and whether it can be liberal access.
Singapore encourages joint custody, unless it is deemed harmful for the children otherwise.
In the issue of marital assets, the options under consideration are:
The outstanding loans and other paperwork need to be evaluated before any decision.
The process for an uncontested divorce involves the following steps:
If the court is still not convinced about the irretrievably broken marriage, it may ask for evidence on the claims in an open court.
Once convinced, the court will grant an ‘Interim Judgement’ about the dissolution of marriage, to be finalised after three months.
From the above points it is clear that an uncontested divorce keeps the privacy and dignity of the procedure intact. Also, it reduces stress for the partners and trauma on the children.
Despite these advantages, an uncontested divorce will not work well in some peculiar situations.
In Singapore, you can file for divorce if you fall in the given criteria:
1. You have been married for at least three years.
2. Either you or your spouse is a citizen of Singapore or domiciled in Singapore. Alternately, you are residing in Singapore for more than three years.
3. You may file for adultery of your spouse.
4. You have been a victim of physical or mental abuse of any type.
5. If your spouse has deserted you for more than two years.
6. When you have been living in separation for three to four years.
It is always preferable to take advice from a divorce lawyer for all divorce proceedings and paperwork. Going for marriage counselling should be the first step before you file for divorce.
PKWA Law is one of Singapore’s largest specialist family law firms, providing all family law services including divorce, wills and probate. With over 30 years of experience, their professional team of Singapore family lawyers and divorce lawyers can help you in all your family law matters.
If your divorce is amicable and uncontested, PKWA Law’s divorce fees are one of the most affordable in Singapore: