Divorce Lawyer Singapore

Divorce Lawyer Singapore strives to provide you with quality and professional legal services. Divorce proceedings can be a complex affair, but rest assured that our Divorce Lawyer will manage all aspects of the divorce procedure competently.

The breakdown of matrimonial and spousal relations is a trying time for everyone. Our Divorce Lawyer Singapore will be there for you during this emotionally exhausting period, to listen to your concerns and fully explain in simple terms your rights under the family laws of Singapore. At  Divorce Lawyer Singapore, our Our Our role is to educate and advise you on the options you have and discuss strategies to get the best possible outcome for you and your family.

Divorce is a challenging and emotional process that many couples in Singapore may face. It can be a complex legal process with many different factors to consider, including child custody, property division, and spousal maintenance. In this article, we will explore the divorce process in Singapore, including the legal requirements, procedures, and factors to consider.

Legal Requirements:

To file for divorce in Singapore, one or both spouses must have been living in Singapore for at least three years before the proceedings. The grounds for divorce in Singapore are based on the Women's Charter, and the most common grounds are:

Adultery

Unreasonable behavior

Desertion

Separation for three years or more

Separation for four years or more (if both parties agree to the divorce)

The divorce process can be initiated by either spouse, and the first step is to file a Writ for Divorce with the Family Court. The writ must include the grounds for the divorce, the names of the parties involved, and any children of the marriage.

Procedures:

Once the writ has been filed, the other party has eight days to respond. If the other party does not respond within eight days, the applicant can proceed with obtaining a Judgment in Default. If the other party does respond, the court will set a date for a Case Conference.

At the Case Conference, both parties will attend with their lawyers to discuss the issues of the divorce, including child custody, property division, and spousal maintenance. If the parties are able to reach an agreement, they can file a Consent Order with the court. If they are unable to reach an agreement, the court will set a trial date.

At the trial, both parties will present their cases to a judge, who will make a decision on the issues of the divorce. Once the judge has made a decision, a Final Judgment will be issued, which includes the terms of the divorce.

Factors to Consider:

Child Custody:

It is one of the most important issues to consider during a divorce. In Singapore, the court considers the best interests of the child when making a decision on custody. The court may award joint custody, sole custody, or split custody, depending on the circumstances of the case.

Property Division:

It is another important issue to consider during a divorce. In Singapore, the court will consider the contributions of each party to the marriage, including financial and non-financial contributions, when dividing property. The court will also consider the needs of each party after the divorce.

Spousal Maintenance:

It is financial support provided by one spouse to the other after a divorce. In Singapore, spousal maintenance is not automatic, and the court will consider the needs and earning capacity of each party when deciding whether to award spousal maintenance.

Legal Fees:

Divorce can be an expensive process, and legal fees can add up quickly. It's important to consider the cost of legal fees when deciding whether to pursue it and to discuss payment options with your lawyer.

It is a complex and emotional process, but understanding the legal requirements, procedures, and factors to consider can help make the process smoother. It's important to seek the advice of a qualified lawyer who can guide you through the process and help you make informed decisions about child custody, property division, and spousal maintenance. By taking these factors into account, you can ensure that the divorce process is as smooth and stress-free as possible.

Divorce in Singapore - A Simple Guide

What is Divorce in Singapore?

Divorce in Singapore is the legal termination of a marriage in Singapore. Legal termination of a marriage is not equal to annulment of a marriage.

What are the prerequisites of applying for a divorce in Singapore?

The marriage must have existed for a minimum of three years to apply for divorce. However, the Court will allow for proceedings to commence in special cases where the marriage length is less than three years. You must be able to prove that you have suffered exceptional hardship in that case, or that your spouse was unreasonably cruel. We will assist in proving the facts of the case for you.

You or your spouse must be domiciled (consider Singapore as your permanent home) at the start of divorce proceedings. If you or your spouse are not domiciled, either one of you must have resided in Singapore for at least 3 years immediately before applying for it.

What happens after I apply for divorce in Singapore?

A Family Court Singapore judge will look at your application for divorce. If it is approved, an Interim Judgement of Divorce will be passed. This is the end of the first phase of divorce procedure in Singapore.

What are ancillary matters?

Ancillary matters are matters like the issue of child custody (child or children must be under 21 years of age), access, visiting rights, assets and maintenance. These matters will be dealt with in the second phase of the proceedings. Ancillary matters will be heard in the chambers if both parties do not reach an agreement via mediation.

What factors will the court look at when I apply for divorce?

The court will only grant a divorce based on “irretrievable breakdown”. The Plaintiff must present one or more reasons with proof, listed below. We will help gather and articulate the necessary evidence for you.

Unreasonable behaviors – the defendant (the spouse being sued for divorce) acts in such a way that the plaintiff finds it hard to live together with the defendant. (e.g. domestic violence, gambling or drinking addictions)

Desertion – the defendant has left the plaintiff for a continuous period of two or more years, without an intention of returning.

Separation – the defendant and plaintiff have lived away from each other for three to four years. If defendant and plaintiff have been apart for three years, applying for divorce will require the defendant’s consent. If defendant and plaintiff have been apart for four years, applying for divorce will not require the defendant’s consent.

How do I seek a divorce?

You can consult us for advice and assistance. Our Divorce Lawyer will determine if you can file a Writ for Divorce. We will prepare the necessary legal documents and paperwork for you.

How does the court decide on the division of assets?

The Court will consider:

1. the contributions (financial or otherwise) made by each party to acquiring the asset or assets (e.g. the court will determine which spouse made the larger share of contributions to maintaining and buying the matrimonial home).
2. any debts owed by either spouse for the purpose of purchasing joint assets.
3. the needs of minor children (children under 21 years old)

What documents do I have to prepare to show ownership of the assets?

You will have to show to the court the following (non-exhaustive list):

1. Pay slips
2. CPF (Central Provident Fund) statements
3. Income tax statements
4. Home ownership documents (e.g. title deed)

Divorce Process

Two stages are involved in this process. Singapore Divorce Process.

In the Initial Stage In the First Stage, the Courts are going to decide on the dissolution of the marriage. The Court will determine if the marriage can be dissolved.

In the second stage the Courts will be able to deal with additional issues. They will be able to decide on

• Division of marital assets
• care of the children
• support of the wife and the children (where the case is)

What do I do if I’m sued for Divorce in Singapore?

You will be served with the Writ of Divorce and other Court documents like the Memorandum of Appearance. If you are not sure of the procedures and what may happen, you can consult our Divorce Lawyer for advice and assistance.

If you want to contest the divorce (disagree with it), you should state so in the Memorandum of Appearance sent to you and then file a Defence or Counterclaim. These documents will be filed in the Family Court and served on the Plaintiff’s divorce lawyers.

If you do not want to contest it (agree with the divorce), you can still file a challenge to Plaintiff’s claims for child custody, control and access, matrimonial assets, maintenance and legal costs. If the Plaintiff is your husband, you may want to make a claim for maintenance.

All procedures and deadlines for the above will be set out in the Writ of Divorce, and you must fully comply with them. You can always seek our assistance with filing claims and defenses.

Will I be required to appear in Court even if the divorce is uncontested?

Yes, the Plaintiff will be required to confirm the Statements of Particulars and Claims.

What will happen during a hearing for a contested divorce in Singapore?

Both parties will need to turn up to give evidence to support their claims. The judge will then make a decision on all disputes and claims between both parties. Hearings for contested divorces are usually lengthy and emotionally draining, but rest assured that our capable Divorce Lawyer will do his best to alleviate your problems and focus on getting the best possible outcome.

What happens after the hearings?

When the Family Court Singapore Judge acknowledges that there is an irretrievable breakdown in the marriage, he/she will issue an Interim Judgement of Divorce. This Interim Judgement will only be made final after all ancillary matters (child access, custody and control, assets division, etc.) are settled.

When can I re-marry in Singapore?

The final judgement will be made 3 months after the Interim Judgement, or after all ancillary matters are settled, whichever is longer. This is to allow for one final chance of reconciliation. After the Certificate to Make Interim Judgement Final is granted, either party may remarry.