Uncontested Divorce in Singapore: The Step-by-Step Process

An uncontested divorce is one where both spouses agree on the decision to divorce and, ideally, agree on the key ancillary matters such as the division of matrimonial assets, maintenance, and arrangements for any children. Singapore’s Simplified Track and the Divorce by Mutual Agreement ground are designed to facilitate a faster and less adversarial divorce process. This guide explains the criteria, documents, and timeline involved.

Grounds for Divorce in Singapore

To file for divorce in Singapore, the marriage must have irretrievably broken down, which is established through one of several statutory facts, including:

 

• • Adultery

• • Unreasonable behaviour

• • Desertion for a continuous period of at least two years

• • Separation for at least three years (with the other party’s consent) or four years (without consent)

• • Divorce by Mutual Agreement, a ground introduced to allow couples to divorce by jointly establishing that the marriage has broken down irretrievably, without needing to attribute fault or rely on a period of separation

Divorce by Mutual Agreement requires both parties to file a joint summary of the reasons for the marriage breakdown and, where there are children, a parenting plan. This includes the reasons that led the parties to conclude that the marriage has broken down irretrievably, the efforts they have made to reconcile, and their considerations regarding financial agreements. The court will not grant a divorce if it considers that there remains a reasonable possibility of reconciliation. Because it does not require parties to establish fault or wait for a separation period, it is often the most straightforward route for couples who agree the marriage should end.

What Makes a Divorce “Uncontested”?

A divorce is generally uncontested when both parties agree on:

 

• • The fact that the marriage has broken down and the ground relied upon

• • The division of matrimonial assets

• • Maintenance arrangements, where applicable

• • Custody, care and control, and access arrangements for children, where applicable

However, under the current rules, a divorce can proceed on the Simplified Track even where the parties have not reached agreement on all ancillary matters, provided that they agree on the divorce itself. The Simplified Track can apply where the parties agree on the divorce alone, the divorce and at least one ancillary matter, or the divorce and all ancillary matters. Where the parties have agreed on ancillary matters, the agreed terms may be recorded in a Draft Ancillary Reliefs Order for the court’s approval. 

The Simplified Track

The Simplified Track is available where both parties have agree that the marriage has irretrievably broken down. They may also have reached agreement on some or all of the ancillary matters, such as the division of matrimonial assets, maintenance, and children’s care arrangements. Key features include:

 

• • Parties and their lawyers generally do not need to attend the uncontested divorce hearing. Where the documents are in order, the court may deal with the matter in chambers without requiring attendance, although the court retains the discretion to require the parties or their lawyers to attend.

• • Where the parties have agreed on ancillary matters, the agreed terms can be recorded in a Draft Ancillary Reliefs Order, which is submitted to the court for approval.

• • The Simplified Track is generally quicker and less costly than the Normal Track. The Family Justice Courts indicate that a simplified-track divorce may take about four months to conclude, although the actual timeline depends on the circumstances of the case and the time required to resolve any outstanding ancillary matters. 

Documents Required

The documents typically required for an uncontested divorce include:

 

• • Originating Application for Divorce, setting out the relevant information and orders sought

• • Agreement that Marriage Has Irritrievably Broken Down (Form 2C), where the parties rely on Divorce by Mutual Agreement

• • Draft Ancillary Reliefs Order, where the parties have agreed on any ancillary matters and wish to have the agreement recorded as a court order

• • Marriage certificate

• • Children’s birth certificates, where applicable

The current procedure under the Family Justice Rules 2024 no longer uses the Writ for Divorce, Statement of Claim, Statement of Particulars, Proposed Matrimonial Property Plan or Proposed Parenting Plan as the documents for commencing a divorce application.

Step-by-Step Timeline

1. Filing. One or both parties file the Originating Application for Divorce and supporting documents with the Family Justice Courts.

2. Service. If filed by one party, the documents are served on the other spouse, who then has the opportunity to indicate whether they agree or intend to contest.

3. Interim Judgment. Where the divorce is uncontested and the court is satisfied the ground for divorce is made out, the court grants Interim Judgment, which confirms the marriage has broken down but does not yet finalise the divorce.

4. Ancillary matters. If agreement has already been reached on some or all ancillary matters, the agreed terms may be recorded in a Draft Ancillary Reliefs Order and submitted to the court for approval. If there are outstanding ancillary matters, these may need to be dealt with separately.

5. Three-month waiting period. After Interim Judgment, there is a mandatory waiting period of three months before the divorce can be finalised, intended to allow time for reflection. However, the Final Judgement cannot be extracted until the ancillary matters have been resolved, where applicable. 

6. Final Judgment. After the waiting period and once any outstanding ancillary matters have been resolved,, either party can apply for Final Judgment, which legally dissolves the marriage.

For a straightforward Simplified Track case, the period from filing to Interim Judgment can take a few weeks to a few months, depending on how quickly documents are filed and served, with Final Judgment following at least three months after that and after any outstanding ancillary matters have been resolved.

How Mutual Agreement Simplifies the Process

Before Divorce by Mutual Agreement was introduced, couples who agreed to divorce but did not want to allege fault (such as adultery or unreasonable behaviour) often had no option but to wait out a separation period of three or four years, even where both parties were ready to divorce sooner. Divorce by Mutual Agreement removes this waiting requirement, provided the court is satisfied, based on the information submitted by the parties and any supporting evidence, that the marriage has genuinely broken down irretrievably. This provides an additional option for couples pursuing an uncontested divorce who do not otherwise meet the separation-based grounds.

Frequently Asked Questions

Do both parties need a lawyer for an uncontested divorce? It is not a legal requirement for both parties to be separately represented, and some couples proceed with one party represented or both self-represented. However, each party independently obtaining legal advice, particularly on the division of matrimonial assets and any parenting arrangements, helps ensure the agreement reached is fair and properly documented.

Can an uncontested divorce become contested later? Yes. If new disagreements arise, for example over the division of assets, before terms are finalised, the matter may require further court directions or, depending on the nature of the disagreement, may need to move to the Normal Track for those specific issues to be resolved by the court.

How long after Interim Judgment can the divorce be finalised? At least three months, which is the mandatory waiting period before Final Judgment can be applied for, provided that any outstanding ancillary matters have also been resolved.

Get in Touch

For advice specific to your situation, contact Tan, Lee & Choo LLC:

WhatsApp/Phone: 9692 2522
Email: enquiry@tanleeandchoo.com.sg
Hours: Mon – Fri, 9:30am – 5:00pm
Address: 1 Park Road #04-04, People’s Park Complex, Singapore 059108