What’s Contested Divorce?
A contested divorce, also referred to as litigation, is when each events can’t agree on sure issues, such because the division of marital belongings, property or child-related points.
On this occasion, events might want to undergo the court docket system. The divorce course of turns into longer and dearer than a simplified uncontested divorce. The place events have kids beneath 21 years previous, they must attend obligatory counselling and mediation on the Household Dispute Decision (FDR) Division within the Singapore Household Justice Courts.
Within the occasion events attain a worldwide decision on the divorce and ancillary issues throughout mediation, a by-consent Court docket Order may be recorded and events are certain by the phrases of the Court docket Order.
Within the occasion events are unable to succeed in a decision on the divorce and/or any ancillary issues, the disputed problem can be left to the Court docket’s dedication and the Court docket makes an Order. Events are additionally certain by the phrases of the Court docket Order.
Benefits of Contested Divorce:
Within the occasion, a celebration to the continuing takes an especially unreasonable stance and the problem is left to the Court docket’s dedication, the Court docket will decide the disputed problem(s) primarily based on Singapore household regulation authorized rules. Moreover, events are additionally allowed to supply related proof to help the Court docket within the dedication of the matter.
Disadvantages of Contested Divorce:
The primary drawback of a contested divorce is its period and expense. As talked about earlier, this course of can be longer and costlier than simplified uncontested divorces as a result of want for authorized illustration, hearings, and different court-related proceedings, which might take months and even years to finish at the start is finalised.
Moreover, if a celebration fails to adjust to the court docket’s rulings, the opposite social gathering is at liberty to take out additional proceedings, which may add much more time to the size of your proceedings.
Learn Extra: The Distinction Between a Contested and Uncontested Divorce