Fastest way to divorce in Singapore
Divorce can be a stressful procedure and, if one tries to challenge the other, it may become difficult. Most of the time, the most suitable form of divorce is an easy and speedy one that is not constrained by the presence of children, property, and other complications. Singapore has perfectly developed an environment in which it is desired that marriages are dissolved without trial, albeit through the filing of divorce documents. After filing of pleadings the parties can expect an Interim Judgement in about a month where whereas the Final Divorce taken either from the District Judge or from the Family Court would take another three months on an approximate estimate.
Uncontested divorce is of two types Simple and expedited, basically simple is the case where both the parties agree to the basis of marriage breakdown as well as most of the incidental matters which include maintenance of wife and children and custody, care, control, and access of children. It is noteworthy that this agreement will help to maintain the general simplicity of the divorce process.
While this process is streamlined, qualified divorce lawyers will always be very essential. Legal personnel to make sure that the party concerned complies with the Channel on the process of divorces, and various legal formalities of the laws as contained in the country.
Rules for a Divorce in Singapore
In Singapore, the requirements for filing both contested and uncontested divorces are the same:
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The marriage had to have continued for at least three years.
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Both husband and wife must be Singapore citizens, have been domiciled in Singapore, or have been residing in the republic for at least three years.
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Foreign couples who satisfy each of the above requirements can also seek a divorce in Singapore. But for marriage under Muslim law, divorce proceeding has to be prosecuted by the Syariah Court. Regardless of whether the divorce is contested or uncontested, it must be based on one of the following four legal grounds:
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Adultery: If the defendant has infected the plaintiff’s husband with HIV during an extramarital affair making it unbearable for the plaintiff to continue living with the husband.
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Unreasonable Behaviour: If the defendant behaves unbearably; this includes mental and physical abuse, and being unresponsive in the marriage by working most of the time.
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Desertion: If the defendant abandons his/her spouse for at least two years with no physical or communication contact and no desire to resume cohabitation.
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Separation: In the case of the spouses having physically since the marriage with the consent of both spouses for a continuous period of three years or more, or without the consent of the other spouse for a continuous period of four years or more.
Simplified Uncontested Divorce
The couple must agree on both the reasons for the divorce and the key issues to be resolved after the divorce, such as:
Child Custody and Care: With whom the children will live, on major aspects of the children’s lives (such as schooling and healthcare), and the scope of contact of the non-residential parent.
Property Division: Allegations about the distribution of properties and liabilities acquired during the marriage, each spouse's contribution, and the needs of the children.
Maintenance for the Wife: Even the income of the wife is insufficient The above applies in longer marriages where the wife’s income is insufficient. Child Maintenance: This applies to gang members below the age of 21 years.
These terms must be stipulated and mutually understood, reduced to paraphernalia, and then presented to the court.
Stages of Divorce and Papers Necessary
The process of divorce in Singapore differs from the process of divorce in other countries only in that contested divorces are conducted together with a trial and other side hearings.
- Filing divorce papers
- Court hearing
- Receiving the interim divorce judgment
The interim judgment becomes final after three months. A simplified uncontested divorce can be completed in as little as four months, whereas a contested divorce may take up to a year or more.