Types Of Divorce In Singapore
Taking that final step to file for divorce is never an easy process. Despite the circumstances leading towards the breakdown of the marriage, taking that final step can sometimes still be a heart wrenching situation, as you consider the shared history, or how the situation will affect the children involved.
Once you are resolved to move in that direction, you should be aware of the options that are available to you in dissolving your union. A divorce is not just the adversarial legal shenanigans that are often portrayed in the media.
A divorce is uncontested when both parties agree to the dissolution of their marriage and amicably arrived at resolving issues pertaining to ancillary matters.
The uncontested divorce is:
- Quick – the process takes approximately 4 – 6 months to reach Final Judgment, dependent on resolution of property issues of all ancillary issues, namely, custody and control of children of the marriage, access to the children, maintenance for the children, maintenance for Wife spouse, division of matrimonial home, division of other matrimonial assets etc…
- Inexpensive – couples agree on terms privately, outside of court, and only may need to only engage the services of one lawyer to file papers on both their behalves
- Amicable – proceedings are generally less contentious when there is mutual agreement
Often the dissolution of a marriage entails resolving a host of other issues like determining child custodial rights, child support, division of property and assets of the marriage. Such issues can be solved in a cordial manner, which is what Private Mediation aims to achieve. The process helps couples to resolve ancillary issues before filing for divorce.
A neutral third party, usually a lawyer, is appointed as Mediator who will listen to both parties, review all documents and advise the couple on possible court judgements in the case of disputed ancillary issues.
The process itself may take more than one session as discussions and negotiations take place. Once both parties have come to an agreement on all matters, a divorce agreement will be drafted and divorce papers prepared for submission.
4 Way Lawyer Negotiations
This negotiation process is an avenue for divorcing couples to attempt resolution of matters pertinent to the dissolution of their marriage before filing for divorce.
Lawyers on both sides will investigate and research on disputed issues so that they may provide their clients with relevant information for them to make the best informed decisions. Although they can sit in on the sessions themselves, clients also have the flexibility to not attend the sessions and instead instruct their lawyers to act on their behalf during these mediation sessions.
The objective of these sessions is to help both parties effectively reach an accord that is satisfactory to both parties.
The Collaborative Family Practice (CFP) is a novel approach to attempt resolution of acrimonious issues before starting court proceedings.
CFP is designed to help divorcing couples avoid a long drawn-out and expensive legal battle via negotiations. Each party is free to engage their own accredited CFP lawyers who are usually also trained mediators. Couples are also aided by other family specialists such as financial advisers and child specialists to help them come to a mutually beneficial accord.
CFP tends to be a much less acrimonious situation towards settling disputes. As the process is also confidential, cases with children involved can be assured of less stress inflicted upon the children caught in such acrimonious situation.
Couples opting for CFP also find that it is a more cost effective and time efficient option than going to court.
However, should the divorcing couples fail to reach an accord in CFP, their lawyers are not allowed to represent them in future litigation procedures in line with one of the cardinal tenant of natural justice.
Divorcing couples head towards the litigation process when they are unable to come to an agreement on the divorce process as well as ancillary matters.
Divorce proceedings are split into two stages.
The first stage is where the Court will decide if there are grounds for divorce. Should the Court be satisfied that the marriage has irrevocably broken down, it will grant an Interim Judgement.
The proceedings then move into the second stage, where the Court will direct both parties to file their respective Ancillary Affidavits and hear and look through evidence to decide on ancillary matters, which will then make a determination on child custody issues, maintenance issues for the child of the marriage and Wife spouse and division of matrimonial home and assets and if any other issue to be dealt with
Once ancillary matters are resolved, or after 3 months, whichever is later, the couple can then apply to make the Interim Judgment Final.
To find out more or if you are in need of professional advice, please submit your details and requirements in the form to arrange for a consultation with a divorce lawyer.