Difference Between Contested and Uncontested Divorce?

The Difference Between a Contested and Uncontested Divorce?

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In general, an uncontested divorce is a type of divorce where both parties agree on all matters pertaining to the dissolution of their marriage, such as the division of matrimonial assets and custody of children. By contrast, a contested divorce is one where the parties disagree on these matters and each wishes to file his/her own claim.

Procedural differences

Uncontested

Divorce

Contested

Divorce

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Location of hearing

  • Proceedings can take place in the judges’ chambers, a private domain that is not open to the public.

  • Proceedings usually take place in open court hearings, where members of the public are permitted to attend.

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Required documents

  • The Plaintiff

    i.e. the spouse filing for divorce

    Statement of Claim

    Statement of Particulars

    The Defendant

    i.e. the other spouse

    Memorandum of Appearance

    Which is a document expressing agreement to the Plaintiff’s Statement of Claim and Statement of Particulars

    Both Parties

    Agreed Parenting Plan

    For the parties’ children below 21 years old.

    Agreed Matrimonial Property Plan

    Which details their agreed division of matrimonial assets.

  • The Plaintiff

    i.e. the spouse filing for divorce

    Writ of Divorce

    Detailing the grounds of divorce.

    The Defendant

    i.e. the other spouse

    File a Defence

    To challenge the Plaintiff’s Writ of Divorce.

    The Plaintiff can then file his/her Reply to Defence to respond to the Defendant’s Defence.

    Both Parties

    Proposed Parenting Plan

    For their children below 21 years old.

    Proposed Matrimonial Property Plan

    Once these documents are filed, the parties would have to go through a Pre-Trial Conference before proceeding to the trial.

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Length of proceedings

  • Generally proceedings for uncontested divorce are fast and efficient, with hearings lasting around 10 minutes.

  • Proceedings tend to be longer and more expensive, with hearings potentially dragging on for several days.

Uncontested

Divorce

Contested

Divorce

logo

Location of hearing

  • Proceedings can take place in the judges’ chambers, a private domain that is not open to the public.

  • Proceedings usually take place in open court hearings, where members of the public are permitted to attend.

logo

Required documents

  • The Plaintiff

    i.e. the spouse filing for divorce

    Writ of Divorce

    Detailing the grounds of divorce.

    The Defendant

    i.e. the other spouse

    File a Defence

    To challenge the Plaintiff’s Writ of Divorce.

    The Plaintiff can then file his/her Reply to Defence to respond to the Defendant’s Defence.

    Both Parties

    Proposed Parenting Plan

    For their children below 21 years old.

    Proposed Matrimonial Property Plan

    Once these documents are filed, the parties would have to go through a Pre-Trial Conference before proceeding to the trial.

logo

Length of proceeding

  • Generally proceedings for uncontested divorce are fast and efficient, with hearings lasting around 10 minutes.

  • Proceedings tend to be longer and more expensive, with hearings potentially dragging on for several days.

Benefits of an uncontested divorce over a contested divorce

Privacy and Confidentiality
Since the proceedings of an uncontested divorce take place in Chambers, spouses would not have to suffer having their private matters disclosed to members of the public. By contrast, the proceedings of a contested divorce usually take place in open courts, where members of the public are allowed to attend.

Speedy Process and Lower Costs
Hearings for an uncontested divorce generally last for only a few minutes, as compared to a contested divorce for which hearings can drag on for several days. Accordingly, the legal fees payable for an uncontested divorce are significantly lower than that for a contested divorce.

Amicable process
While a contested divorce involves the highly adversarial process of litigation, an uncontested divorce can be resolved in private with the aid of a mediator. An experienced mediator would be able to facilitate open and effective communication between the parties, such that the divorce proceedings can be resolved amicably.

Learn more about our Uncontested Packages

Ms Gloria James has been in practice for 23 years. In the course of her legal career, she has gained considerable experience and knowledge in mediation. Being a certified Associate Mediator at the Subordinate Courts of Singapore and the Singapore Mediation Centre, Gloria is able to assist her clients in achieving settlement even in highly acrimonious matters. Gloria is also endorsed by the Family Court of Singapore as a Collaborative Family Practitioner.

And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
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