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 Singapore 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 Divorce Lawyer’s 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 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 divorce 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. Divorce Lawyer Singapore 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 divorce.
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. Divorce Lawyer Singapore will help gather and articulate the necessary evidence for you.
Unreasonable behaviour - 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 Divorce Lawyer Singapore for advice and assistance. Our Divorce Lawyer will determine if you can file a Writ for Divorce. Divorce Lawyer Singapore will prepare the necessary legal documents and paperwork for you.
How does the court decide on the division of assets?
The Court will consider:
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).
any debts owed by either spouse for the purpose of purchasing joint assets.
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):
CPF (Central Provident Fund) statements
Income tax statements
Home ownership documents (e.g. title deed)
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 the divorce), 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 the divorce (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 Divorce Lawyer Singapore’s assistance with filing claims and defences.
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.