When you wish to get a divorce, you will want to know what your options are. Uncontested divorces are usually the less stressful and more cost and time efficient method of getting a divorce. This article tells you what you will need to do to get an uncontested divorce.
We have witnessed situations where parties to a marriage are eager to get a divorce and move on with their lives. It is understandable to want to be freed from the constraints of an unhappy and unfulfilling marriage. You may be interested to know what your options are when it comes to divorce, and in particular the most fuss-free way to get a divorce.
Often, an uncontested divorce is the quickest and most cost-efficient way to obtain a divorce. It is typically the less stressful and less emotionally draining route to getting a divorce. The reason why we do not see more uncontested divorces in Singapore is likely because divorcing parties are unable to come to an agreement on various matters.
Simply put, an uncontested divorce occurs when you and your spouse agree on a divorce and on the ancillary matters such as custody, care and control of your children, division of matrimonial assets and spousal/children’s maintenance.
When you and your spouse are able to agree on the various issues that a divorce raises, the entire process of divorce becomes streamlined. While the plaintiff (the person filing for divorce) will still need to initiate the divorce by filing divorce papers, it is common in uncontested divorce cases that the parties would already have discussed and agreed to the contents of the divorce papers such that they are acceptable by both parties.
Short Case Study – Agreeing on the divorce but not on the ancillary matters
H and J agreed that going their separate ways would serve themselves and their children’s interests best. J had caught H committing adulterous acts when H thought she was out at work. While H was sorry for hurting J, he agreed with J that their relationship had deteriorated, and their marriage was irreparable. They thus agreed that J would file for divorce on the basis that their marriage had broken down irretrievably owing to H’s adultery. Since they had agreed on getting a divorce and the ground for divorce, the first stage of divorce proceedings was dealt with quickly and without trouble.
However, H and J could not agree on who would have care and control of their children. Additionally, neither party was willing to part with any portion of an antique porcelain collection that they had amassed together. They were directed by the Court to attend mediation sessions to try and reach a settlement on these issues. However, as they could not come to an agreement, they each had to file Affidavits of Assets and Means, and proceeded to the Ancillary Matters Hearing where the Court would decide on these issues after considering all the facts and circumstances of the case.
While the process of divorce is typically a lot faster and easier when parties agree to an uncontested divorce, it is advisable to engage an experienced and reliable lawyer to help you as there are still various documents to file and Court deadlines to meet. A good divorce lawyer in Singapore will help you to comply with legal requirements and will be able to advise you while ensuring that your divorce goes as smoothly as possible.