Contested vs Uncontested Divorce in Singapore
An uncontested divorce is one in which both parties can come to an agreement on all outstanding issues, which means that they can usually avoid a costly litigation.
However, there are some divorces that proceed as contested. There are some factors that are difficult for couples to agree on, thus the contest. There are special situations that warrant this too. Especially when one party feels aggrieved that the breakdown of the marriage is contributed by the party instead. Thus the need to file a counter-claim.
Other reasons include situations where one party alleges there has been a period of separation, when in fact there has not been.
Allow us to take it from here.
We offer a free 30-minute consultation with one of our family lawyers.
What Makes Contested Divorces So Difficult?
If you are getting a divorce you may agree with your spouse that you should be divorced, however, you probably find it hard to get along with your spouse, which means it can be difficult to agree on all the other outstanding issues. This is common, which is why most couples have contested divorces.
Most of the factors that couples disagree on are serious matters, which is why a divorce lawyer’s help is necessary. For a divorce to be uncontested, you and your spouse must agree on the division of matrimonial assets, child custody and child support, and maintenance if appropriate. Thus, it is always good to approach a family lawyer for assistance.
For example, many couples cannot come to an agreement on who will get custody of the children. Once they finally do agree, they might find it hard to decide how much child support needs to be paid. Childless couples do not have to deal with child-related issues, but they often fight over custody of pets etc, instead.
Money and property are other common problems in a contested divorce. Couples frequently argue over whether maintenance should be paid and if so, how much should it be and for how long. Finally, splitting up assets, such as the house, cars, and cash, can be difficult since everyone wants as much as they can get.
So in such situations, what should you do?
When the issues are too complex and too hard to handle, and you find that you are not reaching a solution, it is best to hire a divorce lawyer (with relevant experience in Mediation and Negotiation) to help reach a global settlement.
If you are finally able to come to an agreement with your spouse, then it’s best to spell it out in a Consent Order, ie Settlement Agreement.
What Do Uncontested Divorces Require?
In short, an uncontested divorce requires that both spouses agree on all issues and hence using a single lawyer (to save money) to draw up a Consent Court Order.