Simplified Track Divorce

A divorce may proceed on the Simplified Track where the spouses have reached an agreement on the fact and particulars for divorce before the matrimonial application is filed.

Importantly, this can apply in two situations:

• the spouses agree on the fact and particulars for divorce and all ancillary matters; or
• the spouses agree on the fact and particulars for divorce but have not agreed on all ancillary matters.

The Family Justice Courts expressly recognise both situations under the current Simplified Track.

This represents an important change from the position applicable to proceedings commenced before 15 October 2024, when agreement on both the divorce and ancillary matters was required to use the Simplified Track.

The Family Justice Rules 2024 expanded the Simplified Track so that spouses can obtain the dissolution of their marriage on an uncontested basis and subsequently focus on unresolved ancillary matters.

Normal Track Divorce

The Normal Track applies where the spouses have not been able to agree that the marriage has irretrievably broken down and/or are unable to agree on the facts or particulars for divorce before the matrimonial application is filed.

This means the disagreement is about the divorce itself, rather than simply disagreement about what should happen to the children, property or finances.

A Normal Track divorce has two stages:

Stage 1 – Divorce

The first stage deals with whether the marriage should be dissolved.

Stage 2 – Ancillary Matters

After the divorce itself has been dealt with, unresolved ancillary matters may need to be determined. These can include children’s arrangements, maintenance and division of matrimonial assets.

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

This is one of the most important changes for couples considering divorce in Singapore.

You do not necessarily need to agree on every ancillary matter to use the Simplified Track.

For example, a husband and wife may both agree that the marriage has irretrievably broken down but disagree about:

• who should have care and control of the children;
• access arrangements;
• maintenance;
• whether the matrimonial home should be sold or retained;
• how the sale proceeds should be divided; or
• how other matrimonial assets should be divided.

Provided the spouses have reached the necessary agreement on the divorce itself before filing, the divorce may still proceed on the Simplified Track.

The unresolved ancillary matters can then be addressed separately.

This distinction can be useful because it allows spouses to separate the question: “Should our marriage end?”

from: “How should the financial and children-related issues arising from our divorce be resolved?”

Those are not necessarily the same dispute.

Simplified vs Normal Track: At a Glance

The timeframes above are indicative and individual cases may differ.

What Happens on the Normal Track?

Where the spouses cannot agree on the divorce, the party seeking the divorce may commence proceedings on the Normal Track.

The matrimonial application must set out, among other matters, the fact or facts relied upon to establish that the marriage has irretrievably broken down and the relief sought in relation to ancillary matters.

The application must then be served on the other spouse, who has the opportunity to respond.
Depending on how the proceedings develop, the parties may need to attend Court for the contested divorce.

The Court may also direct parties to participate in processes such as mediation or counselling, depending on the circumstances.

If the Court is satisfied that the marriage should be dissolved, an Interim Judgment may be granted. Unresolved ancillary matters are dealt with subsequently before the divorce is eventually finalised.

Can a Normal Track Divorce Become Uncontested?

Yes. Starting on the Normal Track does not necessarily mean the divorce must remain contested until trial.

Circumstances and positions can change after proceedings begin. A spouse who initially disputes the divorce may subsequently decide not to contest it.

The Family Justice Courts’ Normal Track process recognises that, depending on how the respondent responds, a divorce hearing may ultimately proceed on a contested or uncontested basis.

This is one reason why parties should continue to consider opportunities to narrow the issues in dispute even after proceedings have commenced.

Resolving the divorce itself does not necessarily resolve the ancillary matters. Disputes about children, maintenance or matrimonial assets may still need to be addressed.

Do We Need to Agree on Everything Before Filing?

No.

This is an important misconception arising from the previous Simplified Track requirements.

For applications commenced on or after 15 October 2024, spouses can use the Simplified Track where they agree on:

• the facts and particulars for divorce only;
• the facts and particulars for divorce and some ancillary matters; or
• the facts and particulars for divorce and all ancillary matters.

This means there is a significant difference between agreeing to get divorced and agreeing on the entire divorce settlement.

For example, you may be ready to agree that the marriage should end but still require advice or negotiation concerning your HDB flat, maintenance or parenting arrangements.

You should therefore understand the consequences of any proposed terms before agreeing to them simply because you want the divorce itself to proceed without unnecessary conflict.

Can We Use the Divorce eService?

The Singapore Courts provide a Divorce eService for certain Simplified Track applications.

The eService can be used to apply for divorce where both spouses agree on both the divorce and ancillary matters. It can also be used to generate documents which may be discussed with a lawyer or spouse.

You do not need a lawyer to use the Divorce eService.

However, the ability to prepare or file divorce documents yourself is different from determining whether the proposed arrangements concerning children, property, CPF monies, maintenance or other assets are appropriate for your circumstances.

If you are uncertain about the effect of proposed terms, you may wish to obtain independent legal advice before committing to them.

Which Divorce Track Is Better?

The Simplified Track will generally involve less conflict over the divorce itself because both spouses have already agreed that the marriage should end, and on the fact and particulars for divorce.

However, the appropriate question is not simply which track is “better”.

The real question is: What have you and your spouse actually agreed upon?

If you both agree to the facts and particulars of the divorce, the Simplified Track may be available even though substantial ancillary issues remain unresolved.

If your spouse disputes the divorce itself, the Normal Track may be necessary.

It is also important not to agree to important financial or parenting terms simply for the purpose of making the divorce appear straightforward. An agreement should reflect an informed understanding of its consequences.

What Should You Consider Before Filing?

Before deciding how to proceed, identify what is actually agreed and what remains in dispute.

Consider separately:

The divorce itself

Do both spouses agree that the marriage has irretrievably broken down?

Children

Are there disagreements concerning custody, care and control, access or other parenting arrangements?

The matrimonial home

Will one spouse retain the property, or will it be sold? What happens to the mortgage and CPF monies?

Matrimonial assets

Which assets form part of the matrimonial pool, and how should they be divided?

Maintenance

Is spousal or child maintenance an issue?

This exercise can help determine not only whether your divorce is likely to commence on the Simplified or Normal Track, but also where legal advice, negotiation or mediation may be useful.