Online Divorce – Online assistance for Divorce
Settle your divorce conveniently and cost effectively. We offer fixed-fee legal services at a price that you can afford. If you and your spouse have mutually and amicably agreed to end your marriage and have agreed on the division of assets acquired during marriage and child custody matters (if applicable), we offer an online option which is fast, easy and inexpensive.
This does not mean that the divorce is completed online. The online process merely speeds up the process of gathering the information for the courts and the required documents which reduces time spent for a simple divorce to be finalised.
What do I need to show in making my claim for a Divorce?
Firstly, you or your spouse must have been living in Singapore for at least 3 years before applying for divorce.
Secondly, you and your spouse must have been married for at least 3 years.
You must also meet the only legal ground for divorce in Singapore, which is the ‘irretrievable breakdown of marriage’.
There are 5 ‘facts’ or reasons for this sole ground of divorce and you only have to prove 1 of the facts to satisfy this requirements for a divorce.
These 5 facts are:
Your spouse is having or has had a relationship with a third party. The divorce must then be filed within 6 months of discovering the act of adultery. If not then the act of adultery may no longer be relied on.
Your spouse has behaved in a way that you cannot reasonably be expected to live with him or her. Examples of such behaviour that have been documented in past divorce cases include adultery, violence, alcoholism, drug addiction, constant verbal abuse and the spouse refusing to resolve issues and continuing to behave in an unreasonable manner.
Desertion of 2 years
Your spouse has deserted or left you for at least 2 years. Desertion can be proven for example by showing that your spouse left the home and/or does not show any intention of carrying on with the marriage even though they are living in the same house.
Separation for 3 years with a spouse’s consent
If your spouse agrees to the divorce, you must show that you and your spouse have been separated for at least 3 years. This is usually used by couples who want an amicable split, whereby they have lived separately continuously for a period of 3 years. However, upon the expiry of the 3 year separation , the divorce is not automatic and papers still need to be filed in order to get a divorce with consent from both spouses.
Separation for 4 years if your spouse does not consent
If your spouse does not agree to the divorce, that you and your spouse have been separated for at least 4 years. If the couple has been separated for 4 years, spousal consent to the divorce is not required.
What is the difference between a contested and uncontested divorce?
After A contested divorce means that your spouse does not agree to either the reason for the divorce or the settlement terms of the other matters arising as a result of the divorce like custody or asset division. This makes your divorce become a contested divorce.
If on the other hand your spouse agrees with what you have asked for in the documents filed by you, within the stipulated timelines, then your case can proceed as a divorce with no dispute. This is an uncontested divorce.
What Does an Online Divorce Service entail?
Online divorce services help with generating divorce documents and commencing divorce proceedings without the need incur legal services, which can be time-consuming and costly.
You are required to complete a short form to determine your eligibility for getting an online divorce. In other words, you will need to meet the legal requirements for getting a divorce in Singapore as well as the online requirement that the divorce is uncontested (as discussed above).
If you satisfy the eligibility requirements, you will be directed to the online form which you will have to complete using the personal particulars of you and your spouse as well as the particulars of your marriage (e.g. marriage certificate information and date of solemnisation).
Depending on the online divorce service, the information that you provide may be used by the lawyer of your choice to prepare the relevant divorce documents. Alternatively, the divorce documents may be generated as soon as you complete the relevant online forms, which you can then immediately access online.
Online divorce services are generally more suitable for simplified uncontested divorces, where you and your spouse would have reached agreement on all issues to the divorce before filing for divorce.
Contested divorce proceedings can be time consuming and complex needing professional legal expertise as it means that at least one issue of the divorce still needs to be resolved between you and your spouse. Such issues can include, child custody and access, or the division of property and marriage assets owned by you and your wife during the marriage.
In contested divorce proceedings, you and your spouse will have to attend trial and provide evidence to support your respective cases on how these issues should be resolved. Smart Law can refer you to our partner firms if you find that you require such services.
What is the divorce process?
The Court will decide whether the divorce should be granted according to law. If so, the marriage is regarded as dissolved (legally terminated).
There are differences in the process of a divorce based on whether you are the spouse that is filing for divorce or the spouse against whom the divorce is being filed. Our partner firms will be able to assist you in these matters to help resolve any issues with your spouse.
What are some of the things I should note about filing for Online Divorce Services?
You should note that there might be additional fees for legal advice as most online divorce services do not include legal consultations with a divorce lawyer as part of the service. This means fees may be chargeable if you require assistance with completing the online forms or with the filing process for the divorce documents from our partner law firms.
Online divorce services are therefore a viable option to consider if you and your spouse have mutually agreed to a divorce and the proceedings are likely to be simplified and uncontested. It will also likely speed up the timeframe of your divorce being finalised.
What is the cost of Online Divorce services?
Smart Law uses a fixed-fee service of $499 for an uncontested divorce. When payment is complete, Smart Law will provide both spouses with all the necessary documents to file online and will arrange for a Commissioner for Oaths (Lawyer) to witness the signature of both spouses.
If you are being faced with a contested divorce, our partner firms will be able to help guide you through the legal process required with peace of mind. As more information is required as to what issues cannot be resolved between you and your spouse, we cannot use a fixed fee service for this category.