What Is An Uncontested Divorce in Singapore & How Long Does It Take?

PKWA LAW

What is an uncontested divorce in Singapore & how long does it take?

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What is an uncontested divorce?

An uncontested divorce is one where both parties agree to the divorce and have come to an agreement on all ancillary issues pertaining to the termination of the marriage. You and your spouse must agree to a divorce and reach an agreement on all ancillary issues in order to file for a simplified uncontested divorce.

If parties are unable to come to a consensus on one or more issues, for example the division of matrimonial assets, custody of children, divorce maintenance etc, this is likely to lead to a contested divorce which will be more costly and complicated.

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Requirements

Even when a divorce is uncontested, there are still a few requirements that need to be satisfied before a Writ of divorce can be filed.

Firstly, the Plaintiff (party filing for the divorce) will need to prove that the marriage has broken down irretrievably to the satisfaction of the court. This ground of “irretrievable breakdown” can be proven on one of the following 5 facts:

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(i) Adultery

Adultery has to be shown on the part of the Defendant (other party in the divorce) and the Plaintiff finds it intolerable to live with the Defendant.

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(ii) Unreasonable behaviour

The Defendant is not required to have behaved unreasonably, but it must be shown that it would be unreasonable to expect the Plaintiff to continue living with the Defendant.

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(iii) Desertion

Both parties must be physically living apart for a continuous period of 2 years and the Defendant must have intended to bring an end to the matrimonial union.

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(iv) Separation for 3 years

Both parties have been living apart for 3 years and the Defendant consents to the divorce.

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(v) Separation for 4 years

Both parties have been living apart for 4 years but the Defendant does not consent to the divorce.

Secondly, parties have to be married for at least 3 years before a divorce can be filed.

Lastly, either of the parties would need to be domiciled at the time of the commencement of the divorce proceedings or habitually resident in Singapore for a period of 3 years immediately preceding the proceedings.

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How long will it take?

For an uncontested divorce, the Interim Judgment, which is a provisional order for divorce, is likely to be granted within 4 weeks of the filing of the divorce papers, as compared to a contested divorce which would take between 6- 12 months to complete.

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ABOUT PKWA LAW .

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PKWA Law is one of Singapore’s largest family law firms, specialising in divorce law, family law, wills and probate. We are consistently named as a leading family law firm by respected legal publications such as Asian Legal Business, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers. Our team of family lawyers are accredited specialist Collaborative Family Lawyers with the Singapore Mediation Centre.

Conveniently located at HDB Hub, PKWA Family Law charges affordable fixed fees that are catered for the average Singaporean.

Contact us at tel 6854-5336 for a free first consultation.

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