5 Reasons to have a Properly Drafted Divorce Agreement
It seems that in Singapore, an increasing number of divorce cases are settling as uncontested divorces without parties ever stepping into a Courtroom.
An uncontested divorce is a popular and less expensive option for couples who have decided to amicably dissolve their marriage.
An uncontested divorce usually means that parties have agreed on all aspects of their divorce, ranging from;
- matrimonial assets division;
- child custody (including custody, care and control) and maintenance (where applicable); and
- spousal maintenance & support, where applicable.
An uncontested divorce helps to keep costs down, speed the process along (averaging about 4.5 months to conclusion of proceedings), with the added relief that parties do not need to attend Court at all.
Some divorcing couples believe that because they already have agreed to the fundamental terms of the divorce, getting the cheapest “Uncontested Divorce Package” is the right approach. However, beware; you get what you pay for!
There are many reasons why you need to get proper advice and obtain sound legal advice for divorce papers, even if your divorce is uncontested.
Our divorce lawyers are familiar with the issues and solutions common to divorce cases. We can identify the issues that you may have overlooked or given little regard to.
Here are 5 reasons why you should have properly drafted divorce papers:
Protect your rights
A properly drafted agreement will set out parties’ respective rights and obligations during separation/ divorce as agreed between parties. This is especially important where your loved ones and assets are concerned.
Formally reflect parties’ agreement in writing
Prior to entering into an agreement, parties will have to discuss and reach an agreement on their intentions, respective rights, and obligations during separation/divorce. When parties have reached an agreement, legal expertise and skilled drafting is essential to accurately incorporate parties’ agreement in writing. Our Singapore Divorce lawyers can advise you of your rights and ensure that they are encapsulated within the agreement.
Importance of Precise and Clear terms
A properly drafted agreement should reflect parties’ intentions, respective rights and obligations in precise and clear terms. An ambiguous agreement or even a poorly drafted term may result in unnecessary misunderstandings between parties, which may lead to further costs and time spent on litigating the issue in Court.
May be used as evidence in Court matters
In the event of a dispute, the agreement between you and your spouse will serve as evidential proof of parties’ intention. Such an agreement may be used as evidence in Court to reflect parties’ intentions and in some circumstances may be persuasive in the Court’s determination of parties’ matter. In such a scenario, it is vital that you have a properly drafted agreement that will protect your interests and strengthen your case in Court.
- Fixed Fee Uncontested Divorce Packages Starting from $888
- Simplified Divorce Process – Checklist for Uncontested Matters
- The Difference Between a Contested & Uncontested Divorce
Legal recourse in the event of a breach
Ultimately, the agreement is meant to protect you and your rights. In the event that your spouse breaches the terms of the agreement, it is important that the agreement is drafted such that alternative recourse is readily available to you. This can be by way of Alternative Dispute Resolution (“ADR”) methods and/or a Court application as a last resort.
A properly drafted agreement will afford you the peace of mind that there are enforcement mechanisms available to you as far as possible if the other spouse does not adhere to the terms of the agreement. Our Singapore Divorce lawyers have the experience and expertise in ADR and litigation and can protect your rights from beginning to end.
If you are facing a divorce, our team of experienced lawyers at Gloria James-Civetta & Co, can help and guide you through the whole process with reasonably priced Uncontested Divorce Packages, and ensure that you are made aware of your rights and obligations in event of a divorce.