Is Going Through Trial the Only Way for a Divorce?

Though common on television series, cases requiring a trial make up less than one-fifth of the total number of divorce cases. This happens when parties cannot resolve disputes such as the division of matrimonial assets, child custody and maintenance.

There are a few guidelines that may be referred to in deciding which is the most suitable and efficient way to execute the divorce.

Q: My partner and I decided to divorce amicably and have no remaining disagreements.
If the grounds of divorce and all ancillary matters (i.e. property division, child custody, maintenance) are not disputed, either party may approach a divorce lawyer for assistance to file for an uncontested consent divorce. This avoids the need for a trial.

The benefits of an uncontested consent divorce are that:

- It is cheaper
     o  At Gloria James Civetta & Co, we offer affordable divorce packages ranging from $1.5K (no children and no HDB) to $2.5K (children and HDB) inclusive of GST.

- It saves time
     o  It takes an average of 5 to 6 months to complete the divorce

- It remains private and confidential without the need to attend court

- Parties remain in control


Q: My partner and I intend to divorce. However, there are disputes that have not been resolved.
If a child below the age of 21 is involved, parties will have to undergo mandatory counselling and mediation at the Court. This is to assist in all parenting issues, such as child custody, care and control, and access.

If no child is involved, the court may still order for mediation and counselling to help the parties resolve their disputes in a less acrimonious way. The court’s in-house specialists would facilitate this.

Another way to settle the disputes is through collaborative family practice (CFP), whereby specially trained CFP lawyers and other family specialists would work with the parties to negotiate an agreement.

Only if no agreement can be reached where parties would have to proceed by way of a trial.

Q: My partner and I intend to divorce but we are willing to seek professional help with respect to coming to an agreement. What are the benefits of such help?

There are 3 main types of professional help available and each has its own merits.

Mediation: A neutral 3rd party would guide the parties in negotiating a mutually acceptable settlement.

     o Preserves relationship of parties as the aim is to achieve a win-win solution instead of pinpointing the blame on anyone
     o Especially helpful if a child is involved as parties are seen to be taking responsibility

Counselling: A health professional would be appointed to help the parties resolve their disputes, heal, and repair the familial relationship. If a child is involved, the counsellor would be able to guide the parents in understanding the child’s need.

     o Helps the child understand the situation and come to consensus with it
     o Improves communication between the parties and the child

Collaborative Family Practice: A voluntary process whereby parties resolve their disputes with assistance and guidance from CFP lawyers

     o Agreement reached would be tailored to the needs of the family
     o Safe environment as there is no threat of litigation. CFP lawyers cannot represent their clients if the agreement fails.