Uncontested and Contested Divorce in Singapore
Love may be beautiful but beware, divorces are messy. When it’s all said and done, divorces are more than just an act of signing off divorce papers to officially declare an end to a marriage union. it usually also involves litigation to determine legal matters on child custody and visitation, marital property distribution, alimony and more.
Divorces are mainly divided into three types: no-fault divorce, contested divorce and uncontested divorce. A no-fault divorce happens when you and your spouse agree that no one is at fault for the failure of the marriage. The reasons for seeking a divorce may be as simple as incompatibility or irreconcilable differences. There doesn’t have to be any further explanation or proof that the marriage isn’t working.
An uncontested divorce is one in which both parties can come to an agreement on all outstanding issues, which means that they can usually avoid costly litigation. An uncontested divorce requires that both spouses agree on all issues, hence, using a single lawyer to draw up a Consent Court Order.
In a contested divorce, on the other hand, there are some factors that are difficult for couples to agree upon. There are special situations that warrant this too, especially when one party feels aggrieved that the breakdown of the marriage is contributed by the other party. Hence the need to file a counter-claim. Other reasons include situations where one party alleges there has been a period of separation, when in fact there has not been.
Contested divorce – what makes it complicated?
If you are getting a divorce, you may agree with your spouse that you should be divorced. However, you will probably find it hard to get along with your spouse, which means it can also be challenging to agree on all the other outstanding issues. This is commonly why most couples have contested divorces.
Most of the factors that couples disagree on are serious matters — this is where divorce lawyer’s help is necessary. For a divorce to be uncontested, you and your spouse must agree on the division of matrimonial assets, child custody and child support, and alimony/maintenance if appropriate. In this case, a family lawyer will come in handy.
For instance, many couples cannot come to an agreement on who will get custody of the children. Once they finally do agree, they might find it hard to decide how much child support needs to be paid. Childless couples do not have to deal with child-related issues, but they often fight over custody of pets etc, instead.
Money and marital property distributions are other common problems in a contested divorce. Couples frequently argue over whether maintenance should be paid and if so, how much should it be and for how long. Splitting up assets, such as the house, cars, and cash can be difficult since both parties would usually want as much as they can get.
What should you do in a contested divorce?
When the issues get too complicated — as it usually is in any divorce — and you find that you are not reaching a mutually-agreeable solution, it is best to hire a divorce lawyer or a family lawyer with relevant experience in mediation and negotiation to help you reach a mutually-satisfying settlement.
When you are finally able to come to an agreement with your spouse, then it’s best to make it official in a Consent Order or Settlement Agreement.
Divorces are never easy and we are here to help you smooth out the rough edges as much as possible. Get in touch with us should you have any questions regarding divorce and the litigation that follows. Send us an email and we will be happy to set up an appointment with you and your spouse.