Family Law: Can my Divorce be settled out of court?
If you’re facing divorce, you may imagine months and months of expensive, emotionally draining negotiations and courtroom hearings.
Depending on the divorce path you choose and the relationship you have with your soon-to-be ex, you can avoid setting foot in a courtroom altogether and have the whole divorce process over within a few months.
If you are thinking of hiring a Singapore divorce lawyer, it is important to have some basic understanding of the divorce process which will aid you in making the right decisions in moving forward.
We will cover some of the frequently asked questions about the divorce process in Singapore below.
Can I settle my divorce without going to court?
Negotiating the terms of a divorce agreement is not an easy task, even if you and your spouse are parting on good terms.
Before making any decision, you should discuss your particular set of circumstances with an experienced divorce lawyer and have them evaluate your terms. A good divorce lawyer will help you understand your rights and responsibilities. Your divorce lawyer will be able to help you address the key issues that apply to your specific circumstances and asses the likely outcome in the event that you proceed to Court.
What is an Uncontested Divorce and how much does it cost?
In Singapore an uncontested divorce is where parties (you and your partner) agree on all the terms and conditions of the divorce without any disputes.
You And Your Spouse Need To Agree On:
- The grounds for divorce
- Division of matrimonial assets (HDB/Private Property, CPF monies, savings, pensions, insurance, and other ancillary matters)
- Issues involving the care and control of children
- Maintenance arrangements for wife / children
Parties are NOT required to attend court, they can save money and preserve the privacy and dignity of the family by ending their marriage in an amicable manner.
In short, divorcing couples determine all their assets and liabilities, gather the necessary supporting documentation and come to an agreement on all outstanding issues, thus avoiding costly litigation.
What if we disagree on the terms of our divorce? Does it mean we need to fight it out in court?
If you and your spouse are cordial with each other and you’re willing to do what it takes to resolve your divorce issues, then negotiating before going to court with your spouse will save you a significant amount of time, emotional stress and money.
Private Mediation helps couples arrive at an agreement on the terms of the dissolution of their marriage prior to filing for divorce. The appointed mediator is a neutral third party, who will encourage couples to address and settle issues such as property distribution, child and spousal maintenance, division of assets and any other key problem areas in a structured problem-solving manner.
4-way Lawyer Negotiations with Parties This process can be employed prior to and subsequent to filing for a divorce. Divorcing couples, through their own divorce lawyers, sit through a series of “without prejudice” meetings to try and come to agreement on divorce terms. Clients may attend these meetings or leave it to their divorce lawyers to negotiate on their behalf in this process.
Collaborative Divorce / Collaborative Family Practice (CFP) The collaborative divorce process is most suitable where there are substantial assets and issues involved. Divorcing couples are each represented by accredited collaborative lawyers who come together to assist divorcing couples resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation.
Divorce is a choice that must be thought through deliberately and carefully.
Our friendly and empathetic divorce lawyers at GloriaJames-Civetta & Co, understand that different clients have different needs and budget. We will support and guide you through the whole divorce process.