Contested vs Uncontested Divorce

An uncontested divorce generally arises where both spouses agree that the marriage should end and cooperate with the divorce application. A divorce is contested if one spouse does not agree that the marriage should be dissolved or disputes the basis upon which the divorce is sought.

An uncontested divorce may be commenced on the Simplified Track, or commenced as a contested divorce on the Normal Track but subsequently converted to an uncontested divorce as parties come to an agreement on the ground of divorce.

Simplified Track vs Normal Track

The Family Justice Courts generally categorise divorce applications into two procedural tracks: the Simplified Track and the Normal Track.

If both parties agree to the ground of divorce before the Originating Application is filed, the divorce may proceed on the Simplified Track. This remains possible even if the parties have not reached agreement on all ancillary matters. For example, the parties may agree that the marriage has irretrievably broken down due to one party’s unreasonable behaviour, but remain unable to agree on the division of their HDB flat, maintenance or arrangements for their children.

If the parties cannot agree on the ground of divorce before the application is filed, the matter proceeds on the Normal Track.

However, commencing proceedings on the Normal Track does not necessarily mean that the divorce will remain contested all the way to trial. If the parties subsequently reach agreement on the ground of divorce, including through negotiations or mediation, the matter may proceed as an uncontested divorce. The parties can then move on to the ancillary matters without requiring the Court to determine the disputed fact relied upon to establish the irretrievable breakdown of the marriage.

If the parties are unable to agree on the ground of divorce, the matter will continue on a contested basis. The Court may then have to determine, at a contested hearing, whether the relevant fact establishing the irretrievable breakdown of the marriage has been proved.

Grounds of divorce in Singapore

Under section 95 of the Women’s Charter 1961, parties have to prove that the marriage has irretrievably broken down, in order to obtain a divorce. Section 95A sets out the facts that may be relied upon to establish that irretrievable breakdown: –

• Adultery;
• Unreasonable behaviour;
• Desertion of a continuous period of 2 or more years;
• Separation for a continuous period of 3 or more years, with consent of both parties to a divorce;
• Separation for a continuous period of 4 or more years; and
• Mutual agreement that the marriage has irretrievably broken down.

Parties have to agree on one of the above grounds of divorce, or, in the absence of agreement, prove one of the above grounds of divorce in a contested divorce trial. Once the Court is satisfied that the marriage has irretrievably broken down, an Interim Judgment will be granted, after which the parties can proceed to deal with the ancillary matters.

What If We Agree to Divorce but Not on Assets or Children?

You may both agree that the marriage should end but disagree about:

• custody, care and control or access;
• child or spousal maintenance;
• what happens to the HDB flat or matrimonial home; or
• how matrimonial assets should be divided.

Those disagreements do not by themselves turn the divorce into a Normal Track divorce, provided both spouses agree to the divorce before filing.

The outstanding ancillary matters can be addressed separately. If agreement cannot be reached through negotiation or mediation, the Court can ultimately determine the unresolved matters.

How Long Can Divorce Proceedings Take?

The time required depends considerably on whether issues remain disputed.

The Singapore Courts indicate that a Simplified Track divorce may take about four months to conclude.

A Normal Track divorce may take approximately 12 to 18 months, although the actual duration will depend on the circumstances and complexity of the case.

Where ancillary matters remain disputed, resolving those issues can also affect the overall timeframe.

Should You Try to Reach an Agreement?

Where appropriate, resolving differences before or during divorce proceedings can significantly narrow the issues requiring Court intervention.
Depending on the circumstances, parties may explore:

Negotiation – discussions between the spouses or their lawyers to identify areas where agreement may be possible.

Mediation – a structured process in which a mediator assists the parties in exploring possible solutions.

Collaborative Family Practice – a process focused on reaching negotiated solutions without traditional adversarial litigation.

However, agreement should not simply be reached for the sake of making the divorce faster.

Before accepting important terms concerning children, property, maintenance or other financial matters, it is sensible to understand their legal and practical consequences.

When Should You Speak to a Divorce Lawyer?

Legal advice can be particularly useful where:

• your spouse refuses to cooperate with the divorce;
• you disagree about the basis of the divorce;
• significant matrimonial assets or an HDB property are involved;
• there are disagreements concerning children;
• maintenance is disputed; or
• you have been presented with settlement terms and are unsure whether you should accept them.

When Can a Divorce Lawyer and Divorce Coach Help?

Not every difficulty during divorce is purely legal. Some issues require legal advice, while others involve communication, decision-making, managing conflict or preparing for difficult discussions with a spouse.

As both a practising divorce lawyer and Certified Divorce Coach®, Gloria James-Civetta can assess what the client actually needs at that point, legal advice, divorce coaching, or a combination of both.

Legal advice may be needed where there are questions about children, maintenance, matrimonial assets or proposed settlement terms. Divorce coaching can be useful where the challenge is how to communicate, prepare for negotiations, clarify priorities or manage the divorce process more constructively.

Having both perspectives can be particularly useful in a contested or potentially contested divorce, where how a client approaches a dispute can sometimes be just as important as understanding their legal position.

Frequently Asked Questions

Is an uncontested divorce the same as a Simplified Track divorce?

No. Where both spouses agree on the divorce before filing, the application may proceed on the Simplified Track. They do not necessarily have to agree on all ancillary matters before filing. The Family Justice Courts expressly recognise that parties may agree on the divorce while remaining unable to agree on matters such as children, maintenance or the division of matrimonial assets.

If the parties initially cannot agree on the divorce and therefore commence proceedings on the Normal Track, but subsequently reach agreement, the matter may become uncontested. However, it does not retrospectively become a Simplified Track application.

Can we use the Simplified Track if we disagree about our HDB flat?

Yes. Disagreement over the matrimonial home, including an HDB flat, does not by itself prevent the parties from proceeding on the Simplified Track, provided they can agree on the divorce before filing.

The disagreement over the HDB flat would then be dealt with as an ancillary matter. The same principle can apply to other unresolved ancillary matters, including maintenance and arrangements concerning the children.

What if my spouse initially agrees to divorce but later refuses to cooperate?

The position may need to be reassessed depending on when the disagreement arises and what documents have already been signed or filed. Legal advice may be useful before taking the next procedural step.

Does a contested divorce always go to trial?

No. A divorce that begins on the Normal Track does not necessarily remain contested until the end of the proceedings. Parties may reach agreement at any stage, including through negotiations or mediation.

If the parties resolve the dispute concerning the divorce, the matter may proceed on an uncontested basis. This can avoid the need for the Court to determine the disputed fact relied upon to establish irretrievable breakdown.

Can ancillary matters still be contested in a Simplified Track divorce?

Yes. Agreement on the divorce does not necessarily mean agreement on the ancillary matters.

The parties may still disagree about:

• Custody, care and control and access to the children;
• Child or spousal maintenance; and
• The division of matrimonial assets, including the matrimonial home.

These issues will be dealt with after the divorce itself has been addressed. The Family Justice Courts expressly state that a Simplified Track application can be filed even where the parties agree that the marriage has irretrievably broken down but cannot agree on the ancillary matters.

Understand Your Position Before Filing

A divorce does not necessarily have to be viewed as a choice between “everything agreed” and “everything contested”.

You may agree that the marriage should come to an end while still requiring advice, negotiation or mediation in relation to the issues of the children, maintenance or division of matrimonial assets.

If you are considering divorce, it is therefore worth understanding what you and your spouse actually agree on before filing, rather than assuming that disagreement over one issue necessarily makes the entire divorce “contested”.

At Gloria James-Civetta & Co, our family lawyers can advise you on whether your circumstances are suitable for the Simplified Track or Normal Track, identify the matters that remain unresolved and discuss the available options for resolving them.

Tel: +65 6337 0469
Email: consult@gjclaw.com.sg