Simplified and contested divorce: what is the difference?

Uncontested, on the simplified track

A divorce is uncontested when both spouses agree that the marriage should end and on the fact relied on to prove it. Traditionally, the simplified track was only for couples who had also agreed every arrangement for the children, maintenance and property.

The Family Justice Rules 2024, in force from 15 October 2024, widened this. The simplified track can now be used where the ground for divorce is agreed even if the ancillary matters are not yet settled. It also covers judicial separation. Divorce by mutual agreement can go on the simplified track as long as the divorce itself is not disputed.

Contested

A divorce is contested when the spouses cannot agree on one or more issues, so the court has to decide them. In practice, the divorce itself is often agreed and only the ancillary matters are disputed.

The court holds case conferences to narrow the issues and may send the parties to mediation. For the financial issues, each spouse files an affidavit setting out their income, assets, liabilities and expenses, with full disclosure. If issues remain, there is a hearing where the evidence is tested.

How long each takes

Estimates vary from firm to firm and case to case. Singapore firms' published guides commonly estimate about four to six months for an uncontested divorce, and from six months to a year and a half or more for a contested one. The three-month gap between the Interim and Final Judgments applies either way.

Where the net value of the matrimonial assets is very large (firms cite above $5 million), the case is usually heard in the High Court rather than the Family Courts.

Why agreeing what you can helps

Every issue settled by agreement is one the court does not need to decide, which usually saves time, cost and strain. Even where you cannot agree everything, narrowing the dispute helps. A lawyer can advise which points are worth settling and which are worth asking the court to decide.