Towards an Expeditious Divorce Resolution : A Comparative Study on Divorce Settlement in Cambodia, Japan, and Singapore

Divorce proceedings can be emotionally and legally draining, demanding effective dispute resolution mechanisms that ensure efficient and fair resolutions while protecting the interests of all parties involved. Recognizing the significance of prompt resolution in divorce cases, the Cambodian government has endeavored to offer a range of dispute settlement alternatives, encompassing both judicial and extrajudicial means. Nonetheless, despite having a choice of forum, divorcing parties still encounter hurdles in obtaining expeditious and satisfactory resolution due to the inherited challenges facing both resolution systems. Therefore, this study aims to identify effective strategies to expedite final divorce resolution and provide recommendations for improving the efficiency and effectiveness of divorce settlements in Cambodia. Employing a comparative research design, the author draws on primary and secondary sources to compare divorce settlement approaches in Cambodia, Japan, and Singapore. This study found the importance of simplified procedures, specialized family courts, recognition of Alternative Dispute Resolution (ADR) as a viable alternative to court, and collaboration between courts and ADR in expediting the divorce process. Notably, recognizing ADR as a viable alternative to court and fostering court-ADR collaboration stands out as the most practical and promising long-term solution to address the underlying problems in Cambodia’s divorce resolution system. In light of these findings, this study recommended the institutionalization of ADR, which involves the formal recognition and integration of ADR within Cambodia’s divorce resolution system to elevate its effectiveness. Moreover, Cambodia’s social context warrants maintaining and refining the contemporary extrajudicial resolution system. These recommendations aim to ensure a more expeditious, fair, and cooperative approach to divorce resolution, ultimately benefiting individuals and families navigating divorce proceedings in Cambodia.