HOW DO DIVORCE CASES IN SINGAPORE GET SETTLED?
If you wish to proceed with divorce, PKWA Specialist Divorce Lawyers can help you to achieve an uncontested simplified divorce. Our family lawyers are trained mediators, skilled in the art of negotiation and mediation. We also have an excellent track record in litigation and have won two Court of Appeal divorce cases.
Date: 25 May 2020
9 OUT OF 10 DIVORCE CASES IN SINGAPORE ARE RESOLVED AMICABLY
Did you know that most divorces in Singapore are settled amicably?
This is good news for divorcing clients who are worried about escalating costs, stress and time. So, when clients see us and they hear the statistics, they are more assured that their case too, in all likelihood, will be settled.
Here are the statistics:
- Overall, in 2019, more than 90 percent of the total number of divorces of 6,320 eventually resolve without the Family Court having to make a decision.
- 58 percent of these 6,320 divorcing couples agree to a divorce on an uncontested divorce. This means almost six out of 10 divorce cases were uncontested and agreed right from the start.
(Source: The Straits Times dated 23 May 2020 – “More couples choosing less contentious divorce process.”)
How Do Cases Get Settled?
Uncontested Simplified Divorce
The most common method to settle a case is for parties to mutually agree to a divorce and the ancillaries though an Uncontested Simplified Divorce.
As stated above, 6 in 10 divorce cases are uncontested divorces. In an uncontested simplified divorce, parties agree to the detail of the terms of settlement. This is often done through negotiation by lawyers. It is important to have qualified legal counsel during this process to ensure that your best interests are being protected.
To get an Uncontested Simplified Divorce, parties must be able to compromise. There is no such thing as one party wins all. A settlement requires both parties to agree and thus both parties must be satisfied with the outcome. Once an agreement is reached, your lawyer drafts the settlement and the divorce papers. The papers are then signed by both parties and are then filed in court for the court to endorse.
In an Uncontested Simplified Divorce, your divorce lawyer should obtain Interim Judgment within one month of filing.
Mediation In Court
Another very frequent way to settle a divorce case is through mediation in the Family Justice Court.
The Family Justice Court has been constituted to help parties resolve family disputes, as far as possible, in a less acrimonious way through the use of counselling and mediation provided by Judges an counsellors at the Family Court. All cases coming before the Courts will be managed pro-actively by judges from the start and where necessary, the Courts can direct that parties undergo counselling and mediation to try and reach amicable resolution of their disputes instead of proceeding with adjudication. There is mandatory counselling and mediation for cases in which parties have at least one child below 21 years of age.
At the mediation, the Mediator will meet with the parties and their lawyers to discuss the case. The Mediator will also help parties resolve issues related to the child, and other related disputes.
Almost 9 in 10 cases that go to the Family Court are resolved through mediation. Mediation has been hugely successful in helping parties to resolve their differences, look at the bigger picture and move on.
So, even if you think you have a difficult spouse, the odds are good that your case will get settled.
Collaborative Family Practice
In a Collaborative case, the parties sign an agreement at the beginning of the case that they will work together to settle their case outside of the courtroom. They do so by each hiring a trained Collaborative lawyer to help with the divorce issues.
Collaboration can be a good option for parties who have complex issues to resolve but who share the desire to minimize conflict and to keep their case out of the court system.
When Does A Divorce Case Go To Trial ?
When a case is particularly contentious or there are complex issues that cannot easily be resolved through compromise, going to court can be the best, if not the only, way to officially end a marriage. In Singapore, a Contested Divorce will normally take about one year to be completed.
Specialist Divorce Lawyers
If you wish to proceed with divorce, PKWA Law offers a free first consult to explain your options. Our family lawyers are trained mediators, skilled in the art of negotiation and mediation. We also have an excellent track record in litigation – we have won two Court of Appeal divorce cases.
Divorce Lawyer Singapore
ABOUT PKWA FAMILY LAW
At PKWA Law, our team of Family Lawyers are consistently named as leading Singapore family and divorce lawyers by respected legal publications such as Benchmark Litigation Asia Pacific, Straits Times, Asian Legal Business, Singapore Business Review and Doyle’s Guide.
Contact us at tel 6854-5336 for a free first consultation.
Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only, and to enable you to learn more about our firm, our services and our lawyers. Information on this website may not constitute the most up-to-date legal or other information. Readers of this website should engage a lawyer to obtain advice with respect to any particular legal matter.