- A divorce is uncontested when both spouses agree on the divorce and the facts relied on before the application is filed.
- For cases filed from 15 October 2024, the simplified track is available even if children, maintenance or property are still in dispute.
- On the simplified track the court usually fixes a short hearing within four to six weeks, and spouses normally need not attend.
- A case that starts on the normal track can still become uncontested later if the other spouse stops disputing it.
- Agreeing early generally means fewer steps, less time and lower costs, but understand the terms before you sign.
Contested and uncontested divorce
A divorce is uncontested when both spouses accept that the marriage has broken down and agree, before filing, on the fact and particulars the divorce will rely on. It is contested when one spouse disputes the divorce itself, the allegations made, or the fact relied on.
Agreeing that the marriage should end is a separate question from agreeing what happens to the children, the home and the finances. Many couples agree on the first and still need help with the second.
What changed in October 2024
For divorces filed before 15 October 2024, the simplified track was open only to couples who had agreed on both the divorce and every ancillary matter. Under the Family Justice Rules 2024, the test is now whether the spouses agree on the divorce itself before filing. If they do, the case can proceed on the simplified track even if custody, maintenance or the matrimonial home are still unresolved; those issues are dealt with afterwards by negotiation, mediation or the court.
Some older guides online still describe the earlier rule, so check the date of anything you read.
How the simplified track works
The applicant files the simplified form of the originating application, together with supporting documents. Once the papers are accepted, the court usually fixes an uncontested hearing within four to six weeks. The spouses normally do not need to attend. If the court is satisfied that the marriage has broken down, it grants the Interim Judgment, and any agreed ancillary terms can be recorded as an order.
- The respondent's signed consent to the application; an unrepresented respondent signs it before a Commissioner for Oaths
- The applicant's affidavit of evidence, which replaces giving evidence in court
- A draft ancillary reliefs order setting out any terms already agreed
- Certificates of completion of the Co-Parenting Programme, if there are children under 21
When the divorce is contested
If the divorce is disputed, the application proceeds on the normal track. The respondent can file a notice to contest and a reply, the court holds case conferences, and it may direct mediation or counselling. If the dispute is not resolved, there is a trial with sworn evidence and cross-examination.
Starting on the normal track does not mean a case must go to trial. Positions often change once proceedings begin, and a case can continue on an uncontested basis if the other spouse stops disputing the divorce.
What agreeing early can save
Firms consistently describe uncontested divorces as faster, less costly and less stressful than contested ones. There are fewer documents to exchange, fewer hearings to attend, and no trial on whether the marriage has broken down. Settling the divorce itself early also lets everyone focus their time and budget on the issues that matter most, such as the children's arrangements and the home.
Divorce by mutual agreement can be used on either track, as long as the divorce is not contested. Couples who have agreed both the divorce and all ancillary matters may also be able to use the courts' Divorce eService.
One caution: do not agree to important financial or parenting terms just to make the divorce look simple. Get advice on what the terms mean for you before you sign.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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