Simplified Divorce Process – Checklist for Uncontested Divorce

Uncontested Divorce Singapore – Things to Note when instructing a divorce lawyer:

A. What you need to inform the lawyer

1. Both parties (Party 1 and Party 2) to have a discussion on the ground for divorce on whether it is proceeding as :
   1. Fault basis – Adultery OR Unreasonable Behaviour
   2. No Fault basis – 3 years separation with consent OR 4 years separation
2. Which party will be the Plaintiff or the Defendant.
3. Do the parties have a settlement? have they reached an agreement on the ancillary issues pertaining to the following:

   Children

   1. Custody (joint or sole)
   2. Care and Control (sole / shared / split)
   3. Access (liberal / reasonable / supervised) & (to be specifically detailed or mutually agreed)
   4. Maintenance

   Wife Maintenance

   1. $1
   2. $ Specific sum per month / for any period of time?
   3. or no maintenance
   4. or Lump sum maintenance

   Division of Assets

   1. What is the pool?
   2. How will it be divided?
   3. Any other ancillary issues?
4. Costs – who will bear? One party or shared?

B. The Process

• One party (Party1) to engage a lawyer(Lawyer1) to provide the instructions.
• Lawyer 1 draws up the draft divorce papers. This includes the statement of claim, statement of particulars, terms of settlement and sends to Party 1.
• Party 1 discusses the 1st draft with Party 2.
• Party 1 in forms Lawyer 1 of the amendments to be made on the 1st draft (if any), pursuant to discussion with Party 2.
• Lawyer 1 makes the amendments and sends 2nd draft to Party 1.
• Party 1 and Party 2 discuss again.
• Party 2 has the option to seek independent legal advice on the draft divorce papers.
• In the event Party 2 opts not to, and is in full agreement with the draft divorce papers, Party 1 will then convey to Lawyer 1 to draw up the final paper for the parties’ execution before a Commissioner for Oaths.
• Party 1 and Party 2, meet with Lawyer 1 and Commissioner for Oaths to sign the papers.
• Papers are filed in court and set down as an uncontested divorce hearing date is fixed. [Usually 3-4 weeks’ time]
• Parties’ attendance is dispensed with.
• Interim Judgment is granted.
• Final Judgment is extracted in 3 months’ time.

[NB: Mandatory 2-hr counseling session for parents to attend if they have children below the age of 21 yrs. This is conducted before the extraction of the Final Judgment certificate.]

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