- Both spouses must agree on the fact relied on for the divorce and on all ancillary matters.
- The basic conditions still apply, including the 3-year rule and the Co-Parenting Programme for parents of children under 21.
- The court usually decides on the papers and the spouses often do not need to attend.
- An agreed divorce commonly takes around four to six months from filing to final judgment.
What has to be agreed
A divorce is uncontested only when the spouses agree on two things. First, on the divorce itself: that the marriage has broken down and which fact is relied on, for example living apart for 3 years with consent, or divorce by mutual agreement. Second, on every ancillary matter:
- custody, care and control of, and access to, any children
- maintenance for the children and, if any, for a spouse
- how the matrimonial assets, including the home, will be divided
If even one of these is disputed, the case cannot go through on agreed terms, and the court will have to decide the disputed points. That takes longer and usually costs more. Many couples use mediation to close the remaining gaps before filing.
Divorce by mutual agreement and the simplified track
Since 1 July 2024, couples can rely on divorce by mutual agreement as the fact for the divorce. It can be used on the simplified track, but it does not replace the need to agree on the ancillary matters. The couple must also explain why the marriage has broken down and what efforts they made to reconcile, and the court can refuse the agreement if it thinks reconciliation is reasonably possible.
What is filed
The exact forms change from time to time, so a lawyer will check what is currently required. In general, the papers include:
- the originating application starting the divorce, setting out the fact relied on
- the other spouse's consent or agreement
- a sworn statement confirming the facts
- a draft court order setting out the agreed terms on children, maintenance and assets
- where there is a child under 21, the certificate showing the Co-Parenting Programme has been completed, and the agreed parenting arrangements
What happens next
The court reviews the papers. The spouses usually do not need to attend the hearing. If the court is satisfied that the marriage has broken down irretrievably and the papers are in order, it grants an interim judgment and makes an order in the agreed terms. If something is missing or unclear, it will give directions to fix it.
After at least 3 months from the interim judgment, the final judgment can be obtained. Only then is the divorce complete and either spouse free to remarry. In total, an agreed divorce commonly takes around four to six months.
Before you sign
An agreed order is binding and hard to undo later. Before agreeing, each spouse should understand what the matrimonial assets are and what they are worth, including CPF monies and the home, and whether the arrangements for the children will work in practice. Independent legal advice for each spouse is sensible even when the divorce is amicable.
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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