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UNDERSTAND YOUR RIGHTS BEFORE DECIDING

Simplified Divorce Process – Checklist (for uncontested matters)

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divorce process checklist

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 :

  • Fault basis – Adultery OR Unreasonable Behaviour
  • 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. 1. Custody (joint or sole)
    2. 2. Care and Control (sole / shared / split)
    3. 3. Access (liberal / reasonable / supervised) & (to be specifically detailed or mutually agreed)
    4. 4. Maintenance
  • Wife Maintenance:
    1. 1. $1
    2. 2. $ Specific sum per month / for any period of time?
    3. 3. or no maintenance
    4. 4. or Lump sum maintenance
  • Division of Assets:
    1. 1. What is the pool?
    2. 2. How will it be divided?
    3. 3. Any other ancillary issues?

4.Costs – who will bear? One party or shared?

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B. The Process

process

  1. 1. One party (Party1) to engage a lawyer(Lawyer1) to provide the instructions.
  2. 2. 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.
  3. 3. Party 1 discusses the 1st draft with Party 2.
  4. 4. Party 1 in forms Lawyer 1 of the amendments to be made on the 1st draft (if any), pursuant to discussion with Party 2.
  5. 5. Lawyer 1 makes the amendments and sends 2nd draft to Party 1.
  6. 6. Party 1 and Party 2 discuss again.
  7. 7. Party 2 has the option to seek independent legal advice on the draft divorce papers.
  8. 8. 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.
  9. 9. Party 1 and Party 2, meet with Lawyer 1 and Commissioner for Oaths to sign the papers.
  10. 10. Papers are filed in court and set down as an uncontested divorce hearing date is fixed. [Usually 3-4 weeks’ time]
  11. 11. Parties’ attendance is dispensed with.
  12. 12. Interim Judgment is granted.
  13. 13. 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.]

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
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