My Spouse Refuses to Complete the Mandatory Co-Parenting Programme (CPP). Can I Still Get a Divorce in Singapore?
If you have children under 21 and want to file for divorce in Singapore, you may be required to complete the Mandatory Co-Parenting Programme (“CPP”).
But what happens if you have completed the CPP and obtained your certificate, but your spouse refuses to attend or complete the programme?
Can you still proceed with an uncontested divorce?
The answer depends on how you intend to file the divorce.
Can I File a Simplified Divorce If My Spouse Has Not Completed the CPP?
No, not where the CPP requirement applies.
For a divorce to be filed on the simplified track, where the parties have children under 21, both the Applicant and the Respondent are required to complete the Mandatory Co-Parenting Programme and provide their respective Certificates of Completion.
The Family Justice Courts' requirements for simplified divorce expressly provide for the Certificate of Completion of the CPP from both parties where there are children under 21.
Accordingly, even if:
both parties say that they want a divorce;
both parties have agreed on the reason for divorce;
both parties have agreed on custody, care and control and access;
maintenance has been agreed; and
the division of matrimonial assets has been agreed,
if your spouse is required to complete the CPP but refuses to do so, you cannot simply proceed to file the divorce together on the simplified track without his or her CPP certificate.
Does This Mean My Spouse Can Stop Me From Getting Divorced?
No.
This is the important distinction.
Your spouse's refusal to complete the CPP may prevent you from commencing the divorce together on the simplified track, but it does not give your spouse the power to prevent you from commencing divorce proceedings altogether.
If you are the Applicant and have children under 21, you should complete the CPP and obtain your Certificate of Completion.
You can then consider commencing the divorce proceedings on the normal track.
The divorce papers will thereafter be served on your spouse.
Does That Mean My Divorce Is Now a Contested Divorce?
Procedurally, you would have to commence the divorce on the normal track rather than filing together on the simplified track.
What happens after that depends on how your spouse responds.
Your spouse may:
agree to the divorce;
contest the divorce;
agree to the divorce but dispute the ancillary matters;
file a Reply;
file a Cross-Application where applicable; or
fail to respond to the divorce papers altogether.
Therefore, your spouse's failure to complete the CPP does not necessarily mean that you will ultimately have to go through a full contested divorce trial.
For example, if your spouse is served with the divorce papers and subsequently does not contest the divorce, the matter may still proceed towards an uncontested dissolution hearing in accordance with the applicable Family Justice Court procedure.
The key difference is that you could not commence the matter together using the simplified track.
What If My Spouse Simply Ignores the Divorce Papers?
A spouse cannot necessarily prevent a divorce simply by refusing to cooperate.
After the matrimonial application has been properly filed and served, there are prescribed timelines within which the Respondent must take the necessary procedural steps if he or she wishes to contest the divorce.
If the Respondent does not file the necessary documents within the prescribed timelines, the Applicant may, where the procedural requirements are satisfied, request for the divorce to be fixed for an uncontested dissolution hearing.
In other words:
Refusing to cooperate is not the same thing as successfully contesting a divorce.
What If My Spouse Wants to File a Cross-Application?
There is another important consequence.
Where the parties have children under 21 and the Respondent wishes to file a Cross-Application, the Respondent will generally also have to complete the Mandatory Co-Parenting Programme and file the Certificate of Completion.
A Respondent who wishes to put forward his or her own case for the dissolution of the marriage should therefore obtain legal advice promptly rather than simply ignoring the CPP requirement.
Why Does Singapore Require Parents to Attend the CPP?
The CPP is intended to help divorcing parents consider the impact of divorce on their children and make informed decisions concerning co-parenting.
It includes e-learning and consultation with a counsellor, with the programme focusing on matters such as:
the impact of divorce on children;
co-parenting after separation;
children's living and care arrangements;
communication between parents; and
developing an appropriate co-parenting plan.
The requirement should therefore not be treated merely as another administrative document needed for the divorce.
What Should I Do If My Spouse Refuses to Complete the CPP?
If your spouse refuses to complete the CPP, you do not necessarily need to wait indefinitely.
The practical steps are generally:
Complete your own CPP and obtain your Certificate of Completion.
Keep records showing that you have asked your spouse to complete the CPP if you had originally intended to proceed together on a simplified basis.
If your spouse continues to refuse to cooperate, consider whether you should commence the divorce on the normal track instead of continuing to wait for a simplified divorce.
Once the divorce papers have been served, your spouse will have to decide whether he or she intends to participate in or contest the proceedings.
The appropriate next step will depend on whether the reason for divorce and the ancillary matters have already been agreed.
Can We Change to an Uncontested Divorce Later?
Yes.
Commencing proceedings on the normal track does not mean that the parties must remain in a contested divorce until trial.
If the outstanding issues are subsequently resolved, the divorce may proceed on an uncontested basis in accordance with the applicable procedure.
This is important because parties sometimes assume that once a divorce has been filed on the normal track, they are committed to an expensive contested trial.
That is not necessarily the case.
Settlement can still take place during the proceedings.
The Key Point
If you have children under 21 and the CPP requirement applies:
Your spouse's refusal to complete the CPP can prevent you from filing together on the simplified divorce track, but it does not necessarily prevent you from getting divorced.
The Applicant can complete his or her own CPP and consider filing the divorce on the normal track.
Whether the divorce subsequently becomes genuinely contested will depend on the Respondent's response.
If the Respondent does not contest the divorce, the matter may ultimately proceed to an uncontested dissolution hearing without a contested divorce trial.
Speak to a Singapore Divorce Lawyer
At 21 Chambers LLC, we regularly assist clients where a spouse refuses to cooperate with the divorce process.
We can advise you on:
Mandatory Co-Parenting Programme requirements;
simplified and normal-track divorce proceedings;
spouses who refuse to sign divorce papers;
spouses who refuse to respond to divorce proceedings;
contested and uncontested divorce;
custody, care and control and access;
child and spousal maintenance; and
division of matrimonial assets.
If your spouse is refusing to complete the CPP or cooperate with an uncontested divorce, you do not necessarily have to wait indefinitely.
Contact 21 Chambers LLC to discuss the appropriate way to proceed with your divorce.
21 Chambers LLC – Personal, Practical, Effective.