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It can be challenging and emotional when couples decide to end their marriage. However, in some cases, both spouses may come to a mutual agreement that divorce is the best option. Mutual consent divorce is becoming more prevalent in Singapore, as it provides a smoother and less contentious process for couples who can agree on the terms of the divorce.
In this blog, we will provide an overview of what mutual consent divorce entails. We will also discuss the legal requirements and steps involved in filing for a mutual consent divorce and the aspects couples may need to consider throughout the process.
What Is Mutual Consent Divorce?
In Singapore, a mutual consent divorce, often called an uncontested divorce, is a lawful procedure that permits a married couple to peacefully terminate their marriage by mutual agreement on all the divorce terms, including reasons for the divorce and the ancillary matters. The Women’s Charter regulates this form of divorce and is frequently regarded as a more straightforward and less contentious alternative when contrasted with contested divorces.
Mutual consent divorce is gaining popularity because it offers a less hostile and more streamlined process for couples who agree on the divorce terms. One of its main benefits is that it eliminates the need for the time, expense, and emotional strain that typically comes with a contested divorce. In addition, it is usually faster than a contested divorce because the parties have already reached an agreement on the terms of the divorce.
Implications of Uncontested Divorce
In an uncontested divorce, a fundamental requirement is the unanimous agreement of both parties concerning the divorce. If one spouse dissents or withholds consent, mutual consent divorce becomes unviable. The couple might need to explore alternative divorce methods or contemplate mediation in such circumstances.
Both spouses must provide comprehensive and truthful financial disclosures to negotiate the terms, mainly the fair and just division of assets and liabilities. This step is crucial to ensure the fairness and equity of the divorce terms.
It is also highly advisable that each party secures separate legal representation to safeguard their individual interests throughout the negotiation and drafting of the divorce agreement.
In cases involving children, the couple must reach a consensus on child custody, care and control, access and maintenance issues. In these instances, the court prioritizes the child’s best interests when assessing these agreements. Even in the case of mutual consent divorce, the final divorce agreement must be presented to the court for approval.
The court thoroughly reviews the terms to ensure their fairness and legality. If the court is content with the terms, it will grant the divorce.
Legal Requirements for Divorce in Singapore
The legal requirements for a mutual consent divorce in Singapore are:
The couple must have been married for at least three years.
Both parties must agree that the marriage has broken down and that there is no chance of reconciliation.
Both parties agree on the reasons for the irretrievably breakdown of the marriage.
At least one spouse must be a Singapore citizen or permanent resident or have resided in Singapore for at least three years before filing for divorce.
The couple must have made provisions for the welfare of any children of the marriage.
Both parties must provide comprehensive and truthful financial disclosures to ensure the fairness and equity of the divorce terms.
Each party should secure separate representation to safeguard their interests throughout the negotiation and drafting of the divorce agreement.
The final divorce agreement must be presented to the court for approval, and the court must be satisfied that the requirements have been met and that the divorce terms are fair and equitable.
Additionally, it is essential to note the waiting period for uncontested divorce in Singapore. Under the Women’s Charter, the waiting period is three months from the date of the interim judgment. This waiting period is intended to give the couple time to reconsider their decision and perhaps reconcile, especially if children are involved.
Process for Filing a Mutual Consent Divorce
In a mutual consent divorce, the process is simplified, with the divorce paperwork playing a crucial role in formalizing the divorce agreement. Your lawyer will assist you in preparing and filing several important divorce documents, ensuring that the legal requirements are met and the process runs smoothly.
It is important to note that each party should secure separate legal representation to safeguard their personal interests throughout the negotiation and drafting of the divorce agreement. Here is a breakdown of the vital divorce papers involved in a mutual consent divorce:
The Writ for Divorce is the initial legal document that starts the divorce process. It notifies both the court and your spouse that you intend to pursue a divorce and contains information about the court’s jurisdiction and the parties involved.
The Statement of Claim is another document that accompanies the Writ and briefly summarizes the reasons for the divorce, including grounds like desertion, unreasonable behavior, adultery, or separation.
The Statement of Particulars further elaborates the grounds for divorce, providing details about the particular incidents or circumstances that led to the breakdown of the marriage.
The Affidavit of Evidence in Chief is a crucial document that helps support the divorce petition with evidence such as statements, affidavits, or relevant documents.
Finally, the Draft Consent Order/Draft Interim Judgment is a legally binding court order that formalizes the parties’ agreements on matters such as asset division, child custody, and financial support.
After the necessary divorce papers have been prepared, reviewed, and signed by both parties, they are then submitted to the Family Justice Court in Singapore. The court will review the documents to verify that all legal requirements have been met and that the divorce agreement terms are fair and equitable.
If everything is satisfactory, the court will grant the divorce, officially terminating the marriage. This process is intended to ensure that the divorce follows Singaporean family law.
Contact Bethel Chambers Family Lawyers
Singapore’s mutual consent divorce is a favorable option for couples who have agreed to end their marriage. It avoids the need for a contentious legal battle and provides a smoother process, allowing couples to move forward harmoniously and efficiently.
If you’re planning for a smooth and equitable uncontested divorce in Singapore, we recommend consulting with the team of experienced family lawyers at Bethel Chambers. Our legal team can provide the knowledge and guidance you need to ensure a fair and efficient process. With Bethel Chambers on your side, you can move forward into the next chapter of your life with confidence.
