Contested and Uncontested Divorce Proceedings

Here are some things you should know about a Divorce Proceedings in Singapore:

Contested Divorce vs Uncontested Divorce: What’s the Difference?

• If you’re going through a Divorce, the case can either be challenged / Contested or unchallenged / Uncontested
• A Contested Divorce takes place in these scenarios:
  • A Contested Divorce takes place when your spouse doesn’t agree with and wants to oppose/defend the application for Divorce
    • For example, your spouse wants to stay married to you or your spouse disagrees with your reasons for the Divorce (e.g. your spouse doesn’t agree that there was adultery, unreasonable behaviour, desertion or separation)
  • Contested Ancillary Matters Proceedings happen when your spouse challenges your view on how to handle with the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)
    • For example, your spouse disagrees on how much maintenance to pay, how to divide the matrimonial property or how to handle the amount of access to the children)
  • An Uncontested Divorce takes place in the following situations:
    • An Uncontested Divorce takes place when your spouse doesn’t challenge the application for Divorce
  • In some cases, a Divorce can be partially-Contested and partially-Uncontested, such as in these scenarios:
    • You have an Uncontested Divorce but Contested Ancillary Matters Proceedings: your spouse doesn’t challenge the application for a Divorce (i.e. willing to end the marriage) but wants to challenge your view on how to handle the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)
    • You have a Contested Divorce but Uncontested Ancillary Matters Proceedings: your spouse wants to challenge the application for a Divorce (i.e. not willing to end the marriage) but doesn’t challenge your view on how to handle the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)

Contested Divorce vs Uncontested Divorce: What are the Pros and Cons?

• A Contested Divorce is more work to be done by you and your lawyers compared to an Uncontested Divorce and this means that it involves more time, effort, resources and costs (e.g. personal stress, legal fees)
• That’s why you and your spouse (and your children) can benefit from saving the time, energy and fees involved in Contested proceedings if you can discuss and agree on how to handle the breakdown of the marriage and the Ancillary Matters (e.g. maintenance, division of matrimonial assets, children)

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