Introduction
Many people who are considering divorce in Singapore want to know how long the process will take. This is because they are keen to start life, anew, and the stress from a long divorce can dissuade them into staying in the marriage, unhappy. The answer depends on several factors, including whether both parties agree to the divorce and how complicated the other issues like children, maintenance or marriage assets are. In general, a quick divorce in Singapore can take as few as four months but highly contested ones can last one or more years. Understanding the stages of the divorce process can help the parties better prepare for the process. Before the divorce process begins, the Court must also be satisfied that there are legal grounds for divorce. You can read more about this in our article on the Grounds for Divorce in Singapore.
Minimum Requirements before Filing for Divorce
Under Singapore law, a couple must generally be married for at least three years before they can file for divorce. However, there are limited exceptions to this- a person can file earlier if they can show exceptional hardship or depravity suffered by the hands of the other spouse.
Uncontested Divorce: The Faster Process
An uncontested divorce occurs when both spouses agree that the marriage has broken down and they are able to reach an agreement on the other issues like arrangements for the children, maintenance and the division of marriage assets. Typically, an uncontested divorce can take about four to 6 months to complete.
Contested Divorce: The Longer Process
A contested divorce occurs when the parties disagree whether the marriage has broken down or cannot agree on the issues such as arrangements for the children, maintenance or division of marriage assets. When a divorce is contested, the Court may need to hear evidence, consider arguments, and make decisions on the contested issues. As a result, contested divorces can take significantly longer and depending on what is contested, may take a year or more to conclude.
Two Stages of the Divorce Process
The divorce process in Singapore usually takes place in two stages. The first stage determines whether the marriage has broken down. If the Court is so satisfied, it grants an Interim Judgment of Divorce. The second stage then deals with the other issues called the ancillary matters consisting of arrangements for children, maintenance and division of marriage assets. The length of the divorce process often depends on how long it takes to resolve these ancillary matters, as it has become rather common not to contest the first stage.
Factors that can Affect the Length of a Divorce
Several factors can affect how long a divorce takes in Singapore. Disputes over division of marriage assets can prolong the process, especially if there are hidden or multiple properties involved or the siphoning of marriage assets away from the Court’s power to divide them. Arrangements relating to children also require careful consideration. In addition, delays can occur if parties require more time to gather financial documents for themselves or from the other spouse.
Conclusion
The length of a divorce in Singapore depends largely on whether all or part of the two stages of divorce are contested and how quickly parties are able to resolve the disputed issues, whether by a hearing or amicably. While uncontested divorces may be completed within a handful or so of months, contested cases take significantly longer. Understanding the stages of the divorce proceedings and which parts to contest or resolve amicably can shorten the length of time required for a divorce to be made final.
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