Contested Divorce in Singapore: What to Expect
A contested divorce can feel daunting, particularly when there are children, a family home or significant assets involved. Knowing how the process works makes it easier to prepare and to make good decisions along the way. This guide explains what a contested divorce is, how it progresses in Singapore, how the Court decides the key issues, and how to prepare.
Quick answer:
A contested divorce is where the parties disagree on the dissolution itself or on any ancillary matter like care arrangements, asset division or maintenance. The Court hears both sides and decides the matters in dispute.
What Is a Contested Divorce in Singapore?
A divorce is contested whenever the spouses cannot reach agreement prior to filing of divorce papers. The disagreement may be about whether the marriage should end at all, or it may be limited to one or more ancillary matters. In practice, most contested divorces concern the ancillary matters rather than the divorce itself.
Common areas of disagreement include the following.
Division of matrimonial assets
How the matrimonial home, savings, CPF monies, investments and business interests should be divided. Read more on our Division of Assets page.Maintenance
Whether maintenance should be paid for the wife and the children, and how much. Read more on our Maintenance page.Care arrangements for the children
Who the children will live with, and access arrangements for the other parent. Read more on our Custody, Care and Control page.
If you are unsure whether your divorce is likely to be contested, our guide to contested vs uncontested divorce in Singapore compares the two routes.
How Does a Contested Divorce Work in Singapore?
A contested divorce generally takes place in two stages.
The divorce itself
The Court first decides whether the marriage has broken down irretrievably. If it is satisfied, it grants an Interim Judgment. Where the divorce itself is not disputed, this stage can proceed with agreement even if the ancillary matters are contested.The ancillary matters
The Court then decides the matters in dispute. Each party is usually required to disclose their assets, income and expenses, and the parties may be directed to mediation or counselling to explore a settlement. If no settlement is reached, the Court hears both sides and makes its orders.
Once the ancillary matters are resolved, the Final Judgment can be obtained and the marriage is formally dissolved.
How Does the Court Decide the Contested Issues?
Division of matrimonial assets
The Court divides matrimonial assets in a way that is just and equitable, taking into account both financial contributions and non-financial contributions, such as caring for the family and the home. Our lawyers acted in Twiss, Christopher James Hans v Twiss, Yvonne Prendergast [2015] SGCA 52, the Court of Appeal case that affirmed the current structured approach on division of matrimonial assets in dual-income marriages. You can read more about us.
Maintenance
The Court considers factors such as each party’s income and earning capacity, financial needs, and the standard of living enjoyed during the marriage.
Care Arrangements for the children
In all decisions about the children, the welfare of the child is the paramount consideration. The Court encourages both parents to remain involved in the children’s lives wherever this is in the children’s interests.
How Much Does a Contested Divorce Cost?
The cost of a contested divorce depends on how many issues are in dispute and how far the matter proceeds before it is resolved. For contested divorce matters, we provide clear and transparent estimates once we understand the scope and complexity of your case.
Settling some or all of the issues along the way can significantly reduce both the cost and the time involved. Many divorces begin as contested and are later concluded by agreement.
How to Prepare for a Contested Divorce
Get legal advice early
Early advice helps you understand your position and avoid steps that could weaken it.Organise your financial documents
Gather bank statements, CPF statements, property documents, payslips and records of major expenses.Keep the children’s welfare in focus
Avoid involving the children in the dispute, and keep arrangements for them as stable as possible.Stay open to settlement
Mediation and negotiation can resolve many issues without a full hearing.
Contested Divorce: Frequently Asked Questions
-
A contested divorce is where the parties disagree on the dissolution itself or on any ancillary matter like care arrangements, asset division or maintenance. The Court hears both sides and decides the matters in dispute.
-
A contested divorce generally takes longer than an uncontested one, because the parties need to exchange documents, attempt mediation and, if necessary, attend hearings. The timeline depends on how many issues are disputed and whether they are settled along the way.
-
For contested divorce matters, we provide clear and transparent estimates once we understand the scope and complexity of your case.
-
Yes. Many contested divorces are settled through mediation or negotiation between lawyers. Reaching an agreement at any stage can save significant time and cost.
-
Yes. Owning an HDB flat does not prevent you from getting divorced. However, what happens to the flat after the divorce will depend on a number of factors, including whether the Minimum Occupation Period (“MOP”) has been reached, whether there are children involved, and whether one party wishes to retain the flat. The Court may order the flat to be sold, or in appropriate cases, transferred to one spouse, subject to the applicable HDB eligibility rules and financing requirements.
Speak to a Divorce Lawyer About a Contested Divorce
A contested divorce is a significant legal and emotional undertaking, and the decisions made can affect your finances and your children for years to come. Our family law team has conducted complex, high-value and precedent-setting family law matters, and we can advise you on your options at every stage.
If you are facing a contested divorce, contact us to arrange a confidential consultation with our family law team.
