What is a simplified uncontested divorce?

Agreeing to the divorce is not agreeing to everything

A divorce in Singapore involves two separate questions. The first is whether the marriage should be dissolved. The second is how the ancillary matters will be settled: the care of the children, maintenance and the division of matrimonial assets.

A divorce is uncontested when both spouses agree on the first question, meaning they agree that the marriage should end and on the fact relied on to prove its breakdown. It is contested when one spouse does not agree to the divorce or disputes the basis on which it is sought.

The simplified track and the normal track

The Family Justice Courts handle divorce applications on two tracks. If both spouses agree on the divorce and its ground before the application is filed, the case can go on the simplified track. Under the Family Justice Rules 2024, this is possible even if the spouses have not yet agreed on all of the ancillary matters.

If there is no agreement on the divorce at the time of filing, the case goes on the normal track. That does not mean it must go all the way to a trial. If the spouses later agree on the ground for divorce, for example through negotiation or mediation, the case can continue on an uncontested basis.

Some older guides say that a simplified divorce is available only when every issue has been agreed. That described the earlier procedure.

What is filed

A simplified divorce application usually includes:

• The Originating Application for divorce, with a copy of the marriage certificate and bankruptcy searches on both spouses.
• A certificate of completion of the Mandatory Co-Parenting Programme, if there is a child under 21.
• The respondent's signed consent to the application proceeding on the simplified track.
• A sworn affidavit from the applicant setting out the evidence for the divorce.
• Where the ancillary matters are agreed, a draft order setting out the agreed terms.

The hearing and the interim judgment

If the documents are in order, the court fixes a hearing date. The spouses usually do not have to attend this hearing. If the court is satisfied that the marriage has irretrievably broken down, it grants an interim judgment, which dissolves the marriage in principle. Where all the ancillary matters are agreed, the court can also deal with the agreed terms.

When some issues are still open

If the spouses agree on the divorce but not on everything else, the open issues move to the second stage of the case. They may be resolved through mediation or further negotiation. If they cannot be agreed, each spouse files an affidavit of their assets and means, and the court decides the issues at an ancillary matters hearing.

Agreeing quickly is not always the right aim. Before accepting terms about the children, the home or money, it helps to understand their legal and practical effect.

Final judgment and how long it takes

The final judgment can be obtained three months after the interim judgment, or once the court has resolved all the ancillary matters, whichever comes later. The divorce is complete only when the final judgment is obtained.

Law firm guides commonly put a simplified uncontested divorce at around four to six months, and a contested divorce at a year or more. The actual time depends on the court's schedule and on how many issues remain in dispute.