Uncontested Divorce by Mutual Agreement

What is an Uncontested Divorce by Mutual Agreement in Singapore

If you are going through a divorce in Singapore, it makes sense to see if you can file for an Uncontested Divorce.  From 1 July 2024, couples may file for divorce based on mutual agreement without citing fault or separation.

A divorce by Mutual Agreement means spouses will not have to put blame on each other, and do not have to wait out by separating for 3 years.  Under the Divorce By Mutual Agreement law, those seeking divorce will have to show that they have made efforts to reconcile.  Parties must also be married for at least 3 years.

Divorce by Mutual Agreement (DMA)

Divorce by Mutual Agreement will come into effect on 1 July 2024.

From 1 July 2024, married couples can cite mutual agreement as a reason for divorce if they agree that their marriage has broken down irretrievably.

Divorce by mutual agreement may be cited by those divorcing under the simplified track and those on the normal track if they are not contesting the divorce.

To cite Divorce by Mutual Agreement as a fact, parties must provide the court with reasons to conclude that their marriage has irretrievably broken down, and show that they have made efforts to reconcile.

They must also submit to the court the arrangements that will be made about their children and financial affairs.

In Singapore, the law only requires one spouse to file for a divorce. The other spouse can object to the divorce but cannot prevent the divorce from being filed. Therefore, it makes sense to cooperate for a ‘friendly, uncontested’ divorce instead of slugging it out in court.

Why you should use a specialist divorce lawyer for your uncontested divorce

In a simplified uncontested divorce, you and your spouse decide on all the main issues before even filing for the divorce.

It is still important to consult with a specialist divorce lawyer, especially if you have a child and properties to be divided. Here are some reasons why:

• In an amicable divorce, your lawyer’s role is crucial, especially where there are children issues, and a matrimonial home is your most substantial asset. Questions as to what should happen to the matrimonial home, what are HDB rules on sale or retention of an HDB flat, how other assets should be divided and how much maintenance is payable to the wife and the children are all important questions that you can get help if you engage a specialist divorce lawyer.
• Your lawyer will advise you on what you are entitled to, your obligations and help you reach a fair agreement with your spouse. Your divorce lawyer should also draft all the necessary divorce paperwork to accurately capture what you and your spouse have agreed upon.
• It is not recommended that you file an Uncontested Divorce on your own. We have come across clients who did not get proper legal advice. As a result, they spend more time and money trying to vary the divorce order. This can be avoided if you get your divorce order right from the start by engaging a specialist divorce lawyer.
• The key to achieving an agreement so that the divorce proceeds on an uncontested basis is to hire a good specialist divorce lawyer first to understand what you can get. It is pointless to argue and negotiate with your spouse over something that the court will never give you in the first place. Once you and your spouse understand your respective rights and what you can get and cannot get, the negotiating process becomes easier. It is, therefore, advisable to know your rights and entitlement before you negotiate.
• Therefore, even in an uncontested divorce, hiring a good divorce law specialist is critical since your settlement may involve children and properties and assets worth substantial sums of money.

What do we need to agree on?

Your lawyer will help you to reach an agreement on the following:

• Who is to have care and control of the children and the level of access or visitation rights the other parent has.
• How to divide your property and debts.
• The amount of wife and children maintenance is to be given.