CHAPTER 2
KNOWING TYPES OF DIVORCES
There are 2 types of divorce procedures for the parties to opt for when a marriage breaks down irretrievably.
JOINT DIVORCE PETITION
Joint petition is a commonly used legal term amongst advocates & solicitors for at the mutually agreed divorce. This literally means that both spouses are agreeing on getting a divorce together.
When the parties can go for divorce by mutual consent? What are the pre-requirements?
- Both spouses agreeing for it
- The marriage is more than 2 years
What are the important issues the spouses should have concluded before going for joint petition?
- maintenance for the wife (whether the petitioner wife will be receiving alimony for herself or not)
- agreement on the custody, care and control of the children (whether the custody of the children will be a shared one or sole custody to one party. What is the visitation arrangements for the other spouse in the event one party is getting a sole custody)
- child maintenance (how much to pay on a monthly basis for the child to the spouse who is having the custody of the child)
- arrangement of the matrimonial home & matrimonial assets. (whether the ownership will be maintained as it is, or selling it off, or transferring title to the other spouse, etc)
Frequently Asked Questions
- So long both spouses can show to the court that there were exceptional circumstances or hardship sustained, the court will grant divorce.
- 3-6 months on average.
- We can request for the court to grant decree nisi absolute on the hearing date itself citing your reasons. Most of the time, the court will grant it so long they find it reasonable. Speak to us today to find out more on this.
SINGLE PETITION
Single Petition is a common term used for a divorce application being initiated by one party (UNILATERAL APPLICATION). Either party may opt for this on the ground that the marriage has irretrievably broken down.
Normally the court will look up for the following factors before deciding whether the marriage has been irretrievably broken down:
- Adultery
- Unreasonably behaviour
- Desertion
- Separation of more than 2 years
It is one of the pre-requisites for the applicant (we call it petitioner) to have obtained the certificate from the conciliatory body.
What is a conciliatory body?
In the case of single petition divorce (aka Unilateral divorce), the petitioner is required to go for a counselling session with the marriage tribunal at JPN. There will be in total 3 counselling session by the tribunal and towards the end of the third session, the tribunal will issue a certificate to say that the marriage has been broken down and go for divorce application.
What happens when one party did not turn up?
In the event the other spouse failed to attend the counselling session, the application will be cancelled and a certificate of cancellation will be issued. The petitioner will then required to apply for an exemption to get leave from court before applying for divorce by single petition.
How long is the process for Single Petition Divorce?
It is depending on the complexity of the case(s). Normally, it may take between 9 months to 2 years. We will be able to give an estimation time frame when the client discusses their matter to us in detail explaining what are they looking as a settlement figure, maintenance, asset division, custody etc.
In the case of single petition divorce (aka Unilateral divorce), the petitioner is required to go for a counselling session with the marriage tribunal at JPN. There will be in total 3 counselling session by the tribunal and towards the end of the third session, the tribunal will issue a certificate to say that the marriage has been broken down and go for divorce application.
In the event the other spouse failed to attend the counselling session, the application will be cancelled and a certificate of cancellation will be issued. However so, the other spouse can still proceed with the single petition divorce application.
It is depending on the complexity of the case(s). Normally, it may take between 9 months to 2 years. We will be able to give an estimate time frame during the assessment, and also from time to time upon engaging our services.