You’ve made the difficult decision to divorce. Perhaps you and your spouse are surprisingly amicable, agreeing on most things.
You’re thinking, “Great! We can save money, avoid the drama, and just do this ourselves.” And while a consensual, uncontested divorce sounds like a dream, here’s a little secret from us lawyers: that dream can quickly become a nightmare if you don’t know what you’re agreeing to.
It’s tempting to think you’ve got it all figured out, especially when emotions are running high (or perhaps surprisingly low). But before you shake hands and draft something on the back of a napkin (figuratively, of course!), let’s talk about why a “simple” divorce still deserves expert eyes.
The Illusion of “Simple”: What You Don’t Know Can Hurt Your Future
The reality is, even the most agreeable couples often only scratch the surface of what needs to be considered in a divorce. You might agree on selling the flat and sharing custody, but have you thought about:
“Your Likely” Orders
: What are the typical orders made by Singaporean courts for asset division, maintenance, and child arrangements? More importantly, what’s the likely range for your specific situation, given your unique circumstances? Without this knowledge, how do you know if what’s on the table is fair, or if you’re leaving a significant entitlement behind?
Knowing Your Legal Entitlements
: You might be a wonderfully generous person, willing to give up certain claims for a smoother process. But wouldn’t you want to know exactly what you’re foregoing? A lawyer can clearly lay out your legal entitlements, allowing you to make truly informed decisions, rather than simply accepting whatever is proposed. This isn’t about being greedy; it’s about making choices with your eyes wide open.
The Devil in the Details (and the Drafting)
: Divorce orders aren’t just bullet points. They need to be meticulously drafted to cover all contingencies. Who is to continue paying for the property prior to the sale/transfer? What if the sale of the property takes longer than expected, or fetches less than anticipated? Poorly drafted orders can lead to ambiguity, disputes, and costly returns to court down the line.
The Test of Time : Longevity of Orders
: Your current situation is just that – current. Life happens. Children grow up, financial circumstances change, health can deteriorate. Are the orders you’re agreeing to robust enough to stand the test of time and adapt to future realities? A lawyer can help you consider long-term implications, and help you consider frameworks that are practical and sustainable for years to come.
And Most Importantly, Your Peace of Mind
: Beyond the legal and financial aspects, having an expert review your proposed terms and advise on potential pitfalls provides invaluable peace of mind. Knowing that your future, and that of your children, is secured by a legally sound and comprehensive agreement is worth more than any perceived upfront “savings.”
Why Talking to Your Lawyer Before Your Spouse is a Game Changer
We strongly advise clients to speak with us before engaging in detailed discussions with their spouse about settlement terms. Why?
Empowerment Through Knowledge
: Warmed with an understanding of your legal position and the likely range of court orders, you enter negotiations from a position of strength, not guesswork.
Strategic Negotiation
: You’ll know what’s a “good deal” and what might require further discussion. This allows you to negotiate effectively, protecting your interests while still aiming for an amicable resolution.
Preventing Future Headaches
: This foresight is your best defence against preventable problems. It’s far more cost-effective to draft things correctly the first time than to return to court to fix a mess that arises from oversight or inadequate drafting. And crucially, it gives you the peace of mind that you’ve covered all bases.
The Cost of “Saving” Money: Prevention vs. Cure
We’ve seen it time and again. Couples who manage to secure an uncontested divorce without legal advice often find themselves back in court months or years later. Why? Because the “simple” agreement they drafted themselves failed to anticipate common problems, or didn’t properly account for legal intricacies.
Suddenly, what seemed like a cost-saving measure transforms into a legal nightmare – requiring even more time, stress, and significantly higher legal fees to untangle the mess. A little investment in upfront legal advice is akin to building a house on a solid foundation. It prevents the need for major, expensive renovations later.
Our Takeaway: Your Future Deserves More Than a Guessing Game
At Gloria James-Civetta & Co., we believe in empowering you to make the best decisions for your future. Even if your divorce feels simple now, protect yourself from future complications. Come talk to us. Understand your rights, your entitlements, and how to craft an order that truly serves your long-term interests.
Because when it comes to your future and your peace of mind, prevention is always, always better than cure.
We’re here for you
Our lawyers at GJC Law offer a free 30-minute consultation to explain the divorce process and determine whether you qualify for divorce in Singapore.
Our goal is to help you find a resolution that works for you.
