In this article, we cover four crucial considerations that anyone considering divorce should consider before filing for a divorce.
Grounds For Divorce
In order to apply for a divorce in Singapore, one must prove that the marriage has irretrievably broken down, with evidence, based on one or more of the following facts:
- adultery
- unreasonable behaviour
- desertion
- 3 years separation with consent or
- 4 years separation without consent.
Adultery or Improper Association
In Singapore, adultery is recognized as a valid fact that one can rely on to prove the irretrievable breakdown of a marriage. To rely on this fact, one must have sufficient objective evidence to prove that their spouse has committed adultery.
It is sometimes challenging to procure evidence regarding what has happened and who the third party is, for the purposes of filing for a divorce, based on adultery.
In the event that there is a lack of evidence in the form of objective proof or a confession, you can still file a divorce using the fact of ‘unreasonable behaviour‘. In doing so, one can state that their spouse has acted unreasonably by improperly associated with various third parties.
Contesting The Grounds for Divorce
When filing for a divorce in Singapore, the filing party (the Plaintiff) will often place the responsibility for the breakdown of the marriage on the other party (the Defendant).
In such cases, the Defendant can file a counterclaim, stating that the Plaintiff has also contributed to the irretrievable breakdown of the marriage.
In the vast majority of cases, the facts that parties have chosen to prove the irretrievable breakdown of the marriage have no bearing on the ancillary matters, such as the division of matrimonial assets, care and control or access to children.
The facts that parties are relying upon for the divorce may also be toned down to further acrimony and avoid escalating the conflict.
Contested Or Uncontested Divorce
In Singapore, you can consider proceeding with an uncontested divorce or a contested divorce.
In the case of an Uncontested Divorce, both you and your spouse agree on all the terms and conditions of the divorce, without any disputes.
This includes mutual agreement on the reason for the divorce, arrangements regarding spousal support, child custody and support, as well as the division of assets and other related matters.
Most divorcing couples opt for this route simply because it is quicker, less stressful and the most economical way to get a divorce in Singapore.
On the other hand, a Contested Divorce tends to be more drawn out. Here, disagreements on one or more issues lead to a situation where the matter is brought before a judge for resolution.
This path can be emotionally and financially demanding on parties, due to its complexity and the time it takes to reach a resolution.
Read more: Difference Between a Contested and Uncontested Divorce
From Contested to Uncontested
Many divorce cases initially start as contested but move into uncontested through the mandatory process of court mediation. During such negotiations, it is important to have an experienced divorce lawyer by your side, who is able to advise you on the relevant strategies and what your best and/or worst-case scenario is.
A skilled family lawyer can navigate through the complexities of your case, aiming to settle disputes amicably without the need for trial.
At GJC Law, objective is to guide you through this challenging time efficiently, with a focus on your best interests and those of your family.
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