Contested vs. Uncontested Divorce in Singapore: What You Need to Know

When a marriage breaks down, divorce is rarely easy — but the process can be much smoother (or significantly more complicated) depending on whether the divorce is contested or uncontested.

If you're considering divorce in Singapore, understanding the difference between these two paths is crucial. It affects not just how long the process takes, but also how much it may cost, how emotionally draining it will be, and how much control you’ll have over the outcome.

Here’s what you need to know before taking the next step.

What Is an Uncontested Divorce?

An uncontested divorce happens when both spouses agree on all key issues:

• That the marriage has irretrievably broken down

• The grounds for divorce (e.g., mutual agreement, separation, unreasonable behaviour)

• Ancillary matters, such as:

  • Division of matrimonial assets

  • Child custody, care, and control

  • Child maintenance

  • Spousal maintenance (if applicable)

When everything is agreed upon in advance, the process becomes simpler, faster, and less costly. This is the most straightforward path to divorce in Singapore.

What Is a Contested Divorce?

A contested divorce occurs when one party does not agree to the divorce itself or to the terms proposed. This could involve disputes over:

• Whether the marriage has truly broken down

• Who is at fault

• Who should have custody of the children

• How assets should be divided

• Whether maintenance should be paid

This type of divorce can take months or even years and may involve multiple court hearings, affidavits, and negotiations. It is often more emotionally taxing and legally complex.

The Divorce Process: Contested vs. Uncontested

Uncontested Divorce

• The parties file an Originating Application for Simplified Divorce for court approval

• Usually completed within 4 to 6 months

• May not require court attendance

• Lower legal fees

• Minimal stress and confrontation

  
  

Contested Divorce

• Starts with an Originating Application for Divorce, followed by a Reply or a Cross-Application

• Involves ancillary affidavits, pre-trial conferences, counselling, and possibly trial

• Takes 9 months to over a year (or more)

• Higher legal costs

• May involve cross-examination of witnesses and detailed asset discovery

  
  

Can a Contested Divorce Become Uncontested?

Yes — and it often does.

Many couples start off in disagreement but reach a mutual settlement partway through the process. This can happen through:

• Negotiation between lawyers

• Mediation sessions arranged by the Family Justice Courts

• A cooling-off period that allows both parties to reconsider their positions

If a settlement is reached, the matter can be converted to an uncontested divorce, saving time and cost.

Which Should You Choose?

Here’s a quick comparison to help you decide:

	Uncontested Divorce	Contested Divorce
Cost	Lower (fixed fee options possible)	Higher (due to time and complexity)
Time	4–6 months	9–18 months or more
Stress	Minimal	Often significant
Control	More control over terms	Judge may decide on key issues
Privacy	Discreet	Potentially more public

If you and your spouse are able to communicate civilly and agree on most things, an uncontested divorce is almost always the better option.

If not, a contested divorce may be necessary — especially in cases involving:

• Domestic abuse

• Asset concealment

• Disputes over children

• One party refusing to cooperate

Do You Need a Lawyer for Divorce in Singapore?

For an uncontested divorce, it is possible to file on your own, but legal advice is still strongly recommended — especially to ensure that:

• Your consent orders are enforceable

• Your rights are fully protected

• You’re not overlooking any long-term consequences

  
  

For a contested divorce, legal representation is essential. The process involves complex procedures, detailed legal submissions, and courtroom advocacy.

Common Situations We Handle

We regularly assist clients who:

• Are unsure whether their spouse will agree to a divorce

• Want a fixed-fee uncontested divorce package

• Need advice on child custody or matrimonial asset division

• Are considering contesting the terms proposed by their spouse

• Have already started proceedings but want to explore a settlement

  
  

Whether your case is simple or complicated, we can help you find the most practical and cost-effective path forward.

Thinking of Divorce? Start With a Consultation.

Deciding whether to pursue a contested or uncontested divorce is not just a legal question — it’s a strategic and personal decision. Speaking to a lawyer early can help you:

• Understand your rights

• Clarify your options

• Plan the best approach based on your goals and circumstances

Contact us today to speak confidentially with an experienced lawyer about your options.

Schedule a confidential consultation or email us at mc@markchenglaw.com to get started.

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