Marriage, to this day, has always been the basis of a lifelong commitment. It has become the basis between two individuals for the foundation of a family. However, no matter how committed couples are, the divorce rate in Singapore remains at an all-time high.

In fact, according to the Singapore Department of Statistics | Press Release on Statistics on Marriages and Divorces, 2020 alone proved this with a whopping 6,959 marriages filed for divorce. Additionally, it was also discovered by the Ministry of Social and Family that newly-wedded couples separate earlier than those married for a longer period of time. Why this happens ranges over a variety of reasons. In this article, we will dig deep into how certain factors contribute to Singapore’s divorce rate. 

What are the top 5 reasons the divorce rate in Singapore is high?

There are many factors that contribute to a marriage’s divorce, and there is no sure-fire way of telling why it happens. Nonetheless, we will look into the top five reasons the divorce rate in Singapore is high.

1. Adultery

 

As unfortunate as it seems, adultery is one of the main reasons why marriages end in divorce. Despite trying to forgive their partner and move on from the ordeal, no matter the amount of counselling, most times the damage is too far done. Cheating can be a result of a lot of factors, whether it’s falling out of love or a formed resentment between the couple. And when one party feels neglected, they tend to seek for love elsewhere. This then leads to adultery which, in turn, jeopardizes a relationship.

2. Domestic Abuse

 

No matter how much love an individual has for their partner, when violence comes into the picture, it should never be tolerated. Unfortunately, this isn’t the common mindset for others. Various men and women suffer from domestic abuse within their marriages, and divorce is one of the ways to keep them safe. However, further measures for safety can also be taken, like filing for a Personal Protection Order.

3. Financial Instability

 

No marriage is easy and struggle-free. However, some struggles may be too much, even for the most resilient couples. When couples are unable to make ends meet, this can wear them down and make them feel helpless. This can be due to unforeseen expenses or emergencies, the debt of the other partner, or wrong financial priorities. Because of this, some individuals resort to ending the marriage to leave the problem behind.

4. Fizzled Out Romance

 

In a marriage, it is always important to make sure your partner feels loved. However, after a certain amount of time, there are some couples who just lose their spark. While others try different ways to get it back, they are usually unsuccessful. And since marriage is a life-long commitment between two individuals who love each other, trying to continue without intimacy proves to be too difficult for many. This is why the lack of intimacy is a big enough reason for marriages to end in divorce.

5. Addiction

 

Addiction can come in many forms. And whether this is gambling or drugs, it can be detrimental to one’s health and welfare. When a partner falls into this trap, they start to make irrational decisions, putting their lives in danger and their spouse’s.

Avoid These Reasons Today and Steer Clear From Divorce

While love in a marriage is the foundation that keeps couples together, most are often blinded that it is enough reason to stay married. Marriage is a pact that needs a lot of effort and commitment to work. However, if, despite all efforts, your marriage continues to falter, then it is best to look into legal separation. The expense of divorce in Singapore may cost an arm and a leg but there are affordable legal services that you could utilise of. At YeoLaw, we understand that choosing to divorce is one of the hardest things an individual can do. This is why our team of competent lawyers backs us to ensure your divorce proceeding process is as hassle-free as possible. Book a free consultation with us today via +65 6220 3400 or visit our website to begin your journey towards happiness.

 

Domestic violence, as sad as it is, is not uncommon in Singapore. When it comes to threats to an individual or their family, immediate action should always be taken. Living in constant fear for you or your family’s safety is reason enough to seek assistance. If you or a family member has been the victim of violence or abuse, do not wait for things to worsen. As a result, we will study the Personal Protection Order and how it can protect you and your family.

 

What is a Personal Protection Order, and How does it Protect Someone?

A Personal Protection Order, also known as a PPO, is a court-issued restraining order that protects an individual. It also includes their children and other family members. This is to prevent further harm committed by the offending family member. When the Court determines that there has been an act of family violence, it issues this order. It may also issue the order if it is likely to occur and you require a restraining order to protect yourself.

 

How long does a PPO last in Singapore?

A Personal Protection Order has no set duration because the Court determines its duration based on the facts of the case. In order to grant a personal protection order, probation must take place. An exception can only take place if the offender agrees to it right away. As a result, the following situations may qualify for PPO:

• 1. The respondent has used or is planning to use violence against the applicant or other family members.
• 2. It is necessary for the applicant’s or other family members’ protection and safety.
  • – This should also include a clause prohibiting the respondent from inciting, assisting, or provoking anyone else to commit violence. Violence that is against the applicant or other family members.

 

How do I get a PPO in Singapore?

You can file a Personal Protection Order (PPO) in Family Court to protect yourself, any minor children you may have, or an incapacitated adult family member. Applications can be filed if you are any of the following:

• a. At least 21 years old or above.
  • – For those incapacitated and unable to file, a guardian, relative/anyone under your care, or any person appointed by the Minister may do so on your behalf.
•  b. For individuals under the age of 21, either married or previously married.
  • – Applications can be made for yourself as well as your minor children under the age of 21. (whether biological, adopted, or stepchild).
  • – If you are not married, a family member over the age of 21 can file on your behalf.

When applying for a PPO, you are the applicant or complainant, and the respondent is the person against whom the PPO is filed. An application supplemented with medical and police reports can help you get a PPO.

A Personal Protection Order can be filed in person at the Family Protection Centre (FPC) or any violence service centre (FVSCs). In addition, draught applications and documents can be submitted online ahead of time.

 

What happens after filing?

Following the filing of the application and the respondent’s acceptance of the summons, both parties must attend a court session known as a court mention. What happens during the session will determine how the application progresses.

Both parties will be referred to counselling if the respondent does not agree to the application during the court hearing. This is in preparation for a hearing that will take place at a later date.

If everything has been settled and you are dissatisfied with the order issued by the Court after the hearing, you may file an appeal with the High Court’s Family Division.

 

How long does a PPO application take?

To determine the length of time it takes to grant your personal protection order, the respondent’s cooperation is also essential. It may only take 1 to 2 months if the respondent agrees with your complaint. If a disagreement and a compulsory hearing occured, the process could take 3 to 5 months or even longer.

 

Protect You and Your Family Today with YeoLaw

It’s natural to want nothing more than safety for yourself and your family. When all other options have been exhausted, choosing a legal as last resort should not be difficult. At Yeo Law, we believe that everyone deserves to live a safe, happy, and healthy life without constantly fearing the worst. To get the protection you and your family deserve, contact us at +65 6220 3400 or visit our website today.

In situations wherein divorce may seem like the only option to go with, people typically know what to expect. With different movie portrayals or having some experience through a loved one’s proceedings, it is not unusual for couples contemplating divorce to have their own expectations. However, despite these second-hand encounters, facing your divorce can bring unexpected outcomes. This is why it is crucial to understand and know as much as possible about divorce before proceeding with it. With that, we will look into divorce proceedings in Singapore and the realities and procedures to get a better understanding.

What is The Process of Divorce in Singapore?

Before we discuss precisely how the divorce process takes place, we must understand the conditions to be eligible. According to sections 93 and 94 of the Women’s Charter, you must meet the following requirements:

1. Marriage between two spouses must be more than three (3) years to be eligible to apply for a divorce. If you can present proof that you have suffered exceptional hardship or deprivation to the court. It is possible to file before the three (3) year mark.
2. A spouse (either one) has been domiciled in Singapore or based on the habitual residence of a party to the marriage for at least three (3) years in Singapore. Additionally, said spouse must not have left Singapore for a period of 180 days in a block prior to application.

Now that we understand the requirements for filing the Writ of Divorce, how exactly does the divorce process go?

In Singapore, divorce proceedings are a 2-stage process, whether uncontested or contested:

1. Dissolution: is the legal relationship between a man and woman due to irretrievable marriage breakdown. The court will decide this decision. If deemed so, they will grant an Interim Judgement to dissolve the marriage officially. 
   
2. Ancillary Matters –A record of concluded terms reached by both parties either via private negotiation or court mediation to resolve future disputes. These will then serve as the court’s reference and influence their decision on how the parties’ affairs should be handled. These also include spousal maintenance and child custody.

Stage 1: Dissolution of the Marriage

After filing all the necessary documents needed for divorce to the court, the plaintiff will have to serve it to the defendant. Afterwards, the defendant will have 8 days to decide whether he or she wants to contest the divorce and/or the ancillary matters.

If Defendant Contests

The defendant will have to file a Memorandum of Appearance and a Defence if he decides to contest the divorce. A Resolution Conference or a counselling session with a court counsellor can also be requested in hopes of reaching a proper settlement with your partner. This is usually done via divorce mediation. 

However, if both parties cannot agree, the case would go to court, where a judge will determine why the marriage is deemed irretrievable. The Defendant will be allotted 8 days to file the Memorandum of Appearance, which will take into effect from the date the Writ for Divorce was given. Afterwards, they will have 14 days from the deadline for serving the Memorandum of Appearance to file the Defence.

This gives the Defendant a total of 22 days to file and serve both required documents.

Alternatively, if the Defendant wants to file for their own reason for the divorce and/or other claims on the ancillary matters, a Defence and Counterclaim should be filed instead.

If Defendant Doesn’t Contest

In the event that the Defendant decides not to contest the divorce but wishes to do so the ancillary matters, he or she must file for a Memorandum of Appearance.

If the court deems the marriage irretrievable, it will grant an Interim Judgment to dissolve the marriage. The case will then proceed to the ancillary matters stage of divorce proceedings.

Stage 2: Ancillary Matters

Both parties need to file Affidavits of Assets and Means prior to the hearings on ancillary matters. This is where they have to disclose all assets/liabilities, income and expenses. The court will only allow up to 3 rounds of affidavits to be exchanged.

The court will set an ancillary hearing date after the documents have been filed and exchanged. At the hearing, the court will decide ownership of assets, children, and their arrangements.

After settling everything, both parties can apply for the Final Judgment at least 3 months after the Interim Judgment was granted.

If both parties, who have shared custody of children under the age of 21, cannot agree on the legal grounds for divorce and all ancillary matters, a Mandatory Parenting Programme will be required.

Can I Divorce Immediately in Singapore?

The course of divorce proceedings depends on how complex the case will be. Simplified uncontested divorces tend to be settled in a shorter time, specifically within 6 months to a year. A contested divorce, on the other hand, may take over a year or more to be resolved in Singapore.

In addition, all outstanding ancillary matters also need to have been settled for the Final Judgment to push through, apart from that, the Final Judgement can only be granted after at least three (3) months since the Interim Judgment was granted.

All divorce proceedings will only be considered completed once the Final Judgment has been granted. 

When it comes to the specific time for when you can file for a divorce, it depends on the legal facts presented to support your application. 

1. Adultery – you can file as soon as infidelity is known.
2. Unreasonable behaviour – at any time after any suspicious acts or behaviour occurs
3. Desertion – after 2 years from the date of desertion.
4. Separation – after 3 years from the date of separation. It must be supported by the agreement of both parties. This is in correlation that both spouses have been living separately and apart for that duration. 

How Long Can One Remarry After Divorce in Singapore?

To remarry after a divorce, one must request for a Certificate of Final Judgment for your divorce. However, this is only made available if it has been at least three (3) months since receiving the Interim Judgment and all outstanding ancillary matters orders have been made.

Remarrying without first obtaining the Final Judgment or remarrying without going through a divorce is an offence under section 6A of the Women’s Charter. If found guilty, offenders could be fined up to $10,000 and deemed a penalty for a term of up to 7 years.

Suppose the offender concealed their former marriage from the person with whom they are remarrying. In that case, they could be fined up to $15,000. Also may face penalised imprisonment for a term of up to 10 years. However, there can be exceptions to this offence. One example is when a marriage is voided. Another is when one partner has been absent for 7 years at the time of the succeeding marriage. These facts have to be supplemented with evidence and fully disclosed to their new spouse.

Types of Divorce Proceedings

1. Simplified Track 

Divorced proceedings on a simplified track is if both parties agree on both the ground for divorce and all ancillary matters before filing the Writ for Divorce. Grounds for divorce include unreasonable behaviour, adultery, desertion, and/or separation. Ancillary matters are issues concerning the division of assets and children’s ownership and arrangements.

The simplified track is a faster and more cost-effective route because it does not involve the court.

2. Normal Track 

If both parties can’t come to an agreement on the ground for divorce and/or the ancillary matters, then the court will have to intervene. With that, the divorce will be filed on the normal track.

This long-drawn process is usually extremely costly and can have a long-lasting negative impact on the children involved. 

Application for the Certificate of Final Judgment is usually made available after an agreement on the ancillary matters is reached.

However, both parties may still fight to reach an agreement later in the Court process. If this is done, that issue will be regarded as uncontested, shortening the normal track divorce process.

How Do I Commence Divorce Proceedings in Singapore?

Divorce proceedings begin with filing for divorce with the Family Justice Courts, along with compliance with the legal requirements of divorce. To better protect the interests of children affected by their parent’s divorce, ancillary matters must be filed. In addition, there will also be a mandatory parenting programme before the filing for divorce can be done. This programme will cover housing, finance, care arrangements and positive co-parenting after divorce.

YeoLaw Can Assist You Through Every Step of Your Divorce

Going through a divorce is not easy for any individual, no matter one’s desired outcome. And no matter how you decide to go about it, there are simply things that one cannot prepare for. This is why at YeoLaw, we are ready to guide you through this process with your interests and the best possible outcome in mind. Contact us today via +65 6220 3400 or visit our website for the best quality service that puts you and your welfare first.

 

Finding a good and qualified lawyer proves to be a challenge more and more each day. So much that despite the obvious need of assistance, people opt to sacrifice quality for what fits their current budget. However, what if getting quality service is actually possible without breaking the bank? In this article, we will discuss how you can find an affordable divorce lawyer that exceeds expectations and provides exceptional support regardless of the price range.

Qualities to Look for in an Affordable Divorce Lawyer

While finding good divorce lawyer in Singapore, reliable lawyers are uncommon, these qualities can become a concern when there is a budget to consider. Luckily there are still lawyers out there who remain passionate about their craft and provide exceptional service despite this. With that, what specific qualities do these lawyers hold? 

1. Passionate

Having mentioned, a good and affordable lawyer remains true to their job. As law is not an easy profession, it takes good drive and love for a lawyer to stay dedicated to their expertise. So much so when it comes to taking on a client and helping them through their case. This drive supersedes other factors like money, because success is what’s important. If there is no will and perseverance to bring justice, then there is no success. 

2. Compassion for Clients

Being a good and affordable divorce lawyer in Singapore isn’t possible without compassion for the people they are working with. The reason lawyers even take cases in the first place is their desire to help these people and resolve their problems. More can be said about those who offer their services at affordable prices as they believe there is more to their job than financial gain. This is why they do not sacrifice work quality based on compensation, and provide excellent service to each of their clients.

3. Good Communication Skills

Communication is one of the fundamentals of being a good lawyer. As their job requires them to communicate with several people, including clients, and other parties, it is vital. However, good communication skills take more than just carrying a conversation. It is knowing how to get important ideas and details across. This not only helps them help their clients, but it also helps them retain a healthy network.

 

 

Why Yeolaw is the Best Choice for Your Case

Here at Yeolaw, we recognize that people in need come from different backgrounds. We are aware that problems, especially legal ones, are not unique to a certain demographic. If anything, we understand the unfortunate fact that anyone can fall victim to this. That is why we try to approach each client with a factor that is unique to our company: quality and affordable services.

At Yeolaw you can find fixed fee packages that provide an upfront and honest breakdown of our services. Get an idea of how much it’s going to cost you even before you avail. We believe that this gives a professional and realistic approach  to our clients, especially those with a specific budget in mind. In addition, it provides an extra sense of security, so that you will know exactly how much you need beforehand.

Along with this, we are also honest about additional fees that are needed to pay for certain services that are vital for your case. These include obtaining documents from the court. With that, you need not worry as these will be explained thoroughly by your lawyer. In fact, we are prepared with a free 30-minute initial consultation to discuss all the costs with you even before proceeding.

 

Yeolaw’s Fixed Fee Packages

We offer a variety of affordable, fixed fee packages for any service that you may need.

 

• Fixed Fee Uncontested Divorce (Plaintiff) – this fixed fee package is relevant for those who are looking to pursue the divorce proceedings as the Plaintiff. However, this only applies if your spouse agrees 100% to all divorce and ancillary terms; and is cooperative in signing papers.

• Fixed Fee Uncontested Divorce (Defendant) – this fixed fee package is relevant for those who have received the Writ of Divroce from your spouse, making you the defendant. However, this also entails issues such as: you are unsure of the legal procedure, you are unsure of/not in agreement with terms stated in the divorce papers; and you want professional and legal help.

 

• Deed of Separation – this applies to when you have either discussed with your spouse on signing a Deed of Separation or have the desire to. This package is relevant if both parties agree 100% to separate, are both 100% cooperative in signing the deed; and are able to work together regarding the erms of separation.

• CFRC / FDR Mediation – this fixed fee package is relevant for those whose divorce or other court proceedings is fixed for mediation/parties are willing to use mediation to reach a settlement. It is applicable to both court mediation and private mediation. 

Get Exceptional Quality at Inexpensive Prices with Yeolaw

When seeking professional, legal aid, it is natural to consider what the overall cost will be. So much, however, that when the services prove to be too expensive, potential clients then refuse to seek help. At Yeolaw we believe that this should never be the case for anyone. We believe that quality service can not only be made available at affordable prices, but that said prices should never affect the quality of service we provide. At Yeolaw, everyone deserves equal legal assistance without having to sacrifice much of your life savings. Book a free consultation with us today via +65 6220 3400 or visit our website to get the top notch service you deserve at the best prices.

As much of a tedious and emotionally-jarring process divorce in Singapore is, children are mostly the biggest victims in this battle. Whether the divorce ensued because of complications or other outside factors,  it has always resulted in emotionally damaging effects. Even more when both parents don’t concede in discordance for parental rights of the child custody. The question now is, how can we make sure this process becomes easier, especially for your child? This article entails what you can do if your ex-spouse contests your application for child custody. But first…   

What is Child Custody?

Child custody is the right of a parent to care for, control, and maintain their child. This is usually granted to one parent who has gone through a divorce or separation proceeding. However, this only applies to minors or children under the age of 21, joined by marriage. The Guardianship of Infants Act, the Women’s Charter, and the Administration of Muslim Law Act all support this legislation.

What is Child Access?

Child custody is different from care and control. The former grants the custodial parent(s) authority over major decisions such as the child’s education, religion and healthcare. On the other hand, care and control are only permissible to one parent and involve day-to-day matters of the child. Consequently, only brief periods of time will be allotted to the other parent.

What is Child Support?

Child support is the parent’s obligation to give financial assistance for their child’s needs. Section 68 of the Women’s Charter, states that this commitment continues regardless of who has custody of the kid. The youngster requires financial support for housing, clothing, nutrition, and education.

Generally, only minors (children younger than 21 years) are eligible for child support. Children older than 21 may obtain support depending on the circumstances. The application is most plausible when the parent neglects or refuses to offer assistance, and it can be submitted by the other parent, adult siblings, the kid’s guardian, or the adult child themselves.

What is the difference between joint custody and sole custody?

Joint custody is when both parents are given the authority to be decision-makers for their child. This requires constant communication between both parties, as it gives them an equal say in the child’s upbringing.

On the other hand, sole custody is when only one parent is granted custody over the child. This is usually granted when the couple’s relationship is no longer strong enough to work in partnership to care for their child. So much to the point that trying to stay and work together will only be detrimental to their children’s welfare.

However, Singapore courts have been granting joint custody orders more than sole custody. This is because they recognise the importance of both parents’ presence as a pivotal part of a child’s development. The court acknowledges that parenthood doesn’t end when the marriage does; it is a lifelong commitment and responsibility.

What are the factors the court considers when deciding child custody?

Now that we understand all the terms revolving around child custody, how does the court decide who to grant it to? Here are nine factors that the court considers when deciding child custody:

1. Primary Caregiver

he court will favour the parent who has been the primary caregiver of the child, in order to maintain the status quo for them. Particularly, this revolves around which parent has been mainly responsible for meeting the day-to-day needs of their child. Needs, specifically food, education, and other necessities. While the court would often favour the mothers before, the court now takes both parents into fair consideration.

2. Parent-Child Relationship

The relationship the child has with a certain parent also plays a huge factor in helping the court decide. This is because the parent with a stronger bond with their child has a better understanding of their daily needs. Along with this, they are more likely to provide better emotional support whenever the child needs it. While the court may favour the maternal bond, they take the welfare principle into consideration, which weighs everything for the child’s best interest.

3. Household State

It is important for the court that the child lives in a healthy environment. With that, they will assess each of the parent’s living situations and choose which one is more stable, sufficiently spaced, clean and safe. Additionally, which one is nearer the child’s school and other relatives.

4. Financial Support

The parent’s financial situation, involving their income and job play a huge role in gaining child custody. However, a higher salary doesn’t necessarily equate to an advantage. Women who are dependent on their spouse for monetary support aren’t less of a candidate as well. In addition, it is actually mandated that both parents shoulder their child’s expenses, regardless of who gains custody.

5. Parent’s Health

Being that parents should be the sole guardians and support of their children, it is vital that they do not have severe health issues, as it will negatively impact the child’s well-being.

6. Parent’s Lifestyle

The court will also look into the lifestyle and habits of each parent and whether or not they are focused on the child. If evidence is found that proves that a parent involves themselves in vices such as gambling, use of drugs, alcohol, and/or other intoxicants, the court is likely to grant child custody to the other parent.

7. Allegations of Domestic Abuse

In Singapore, domestic abuse allegations are taken very seriously. If there are any signs of domestic abuse in the household, whether, towards the ex-spouse or children, the court may deem said parent unfit for child custody. The court may even order an evaluation report by the Family Court counsellor if they deem it necessary. 

8. Reasonable Preference of the Child

In some circumstances, the court may consider the child’s opinion/choice about their own living arrangements. This highly depends on their age and maturity level. This is evaluated by interviews with the judge or by appointing a Child Representative to oversee the situation. However, since children are prone to be heavily influenced by a certain parent, the court is usually careful in implementing this procedure. 

9. Parental Agreement

Lastly, there are also instances where the parents have already agreed on child custody. Since consent is expressed, the court will give substantial weight to this, as long as the child’s best interest aligns with said agreement. In fact, it is favourable to the Singaporean court that parents arrive at an amicable outcome. This is due to the positive impact this act has on the child, showing that each party was able to cooperate and compromise properly.  

Fight for Your Child’s Rights with Yeo Law By Your Side

While a successful divorce provides a fresh new start, this should not eliminate the responsibilities of caring for your children. In fact, a child’s health and well-being should be any parent’s number one priority, whatever the situation may be. With that, it is essential to have a top-notch lawyer by your side to ensure the best outcome for you and your children. Guided by one of Singapore’s top specialist divorce and family lawyers, Yeo Law will help you fight for you and your child’s rights. Should you need help in applying for an Interim Custody Care and Control contact us via +65 6220 3400 or visit our website to provide you a free initial chat regarding facts about this legal issue. Remember, Yeo Law is by your side ready to help. 

Divorce is almost never an easy decision for a couple to make, especially when it involves their children. This makes these situations much more difficult because it raises the concern of which parent gets the child custody. In the same way that divorce is a meticulous process, child custody in Singapore comes with rules and regulations. These are rules and regulations that can be daunting and hard to understand when tackled alone and firsthand. With that, read on to understand about child custody in Singapore.

 

First and foremost, what is child custody? Child custody determines which parent to grant full and long-term decision-making rights regarding a minor’s upbringing. Child custody also gives the parent the right to deduce and make judgements concerning the matters of the child. This includes the child’s education, health conditions, daily affairs, and so on.

 

How Does Child Custody Work in Singapore? 

The Judge always considers the child’s best interests, including several factors, when determining which type of custody order to grant. In Singapore, the law of custody applies regardless of whether one is a Muslim or non-Muslim. In addition, the Women’s Charter also heavily influences decision making. With that, the Court usually issues joint custody to both parents, with care and control given to the mother. The Court also decides on other matters such as care and control, access and parenting plans. Lastly, the Court also ensures that both parents play an essential role in the life and development of their child. This includes making decisions concerning education, religion and healthcare. 

 

At What Age Can a Child Decide Custody in Singapore? 

The Court may also consider the child’s wishes. It will vary depending on their maturity and ability to determine which parent they wish to live with. When age is in question, it is usually allowed above the age of 10. However, at the end of the day, it is at the discretion of the Court which factors to examined in relation to the child’s best interests. 

In addition, the judge also has the authority to make changes to the proposed custodial arrangements. Part of which includes visitation frequency and schedules and the amount of child support. Furthermore, one can appoint a family court specialist to evaluate the child’s care arrangements. The Court’s decision is final and comes with consequences for a parent’s failure to comply.

 

Who is More Likely to Get Custody of a Child?

The Court considers which parent spends more time and effort in caring for the child on a daily basis. Their interactions and interviews with relatives and other caregivers will be observed. In some cases, the judge may request counselling sessions and social welfare reports.  It will help evaluate further the parents’ status and their relationship with the child.

However, mothers are almost always awarded custody over the father in Singapore. If parents already have joint custody over the child, it may be unnecessary to have shared care and control. In fact, it can be an extreme challenge for fathers to fight for total care and control of the child. Shared care and control are also unlikely when their children are actively attending school, as it causes an inconvenience in travelling between homes. Furthermore, it is also unlikely to be granted if parents have different parenting styles.

While the system is primarily favourable towards the mother, it is not entirely impossible for fathers to fight for and obtain care and control. There have been cases where the father gets the rights to care and control.

 

What Decides Who Gets a Child Custody in Singapore?

When it comes to deciding who gets child custody, Singapore judges have the right to adhere to the welfare principle. This is because the Court will look to the child’s best interests to ensure an optimal living arrangement, as this is the primary consideration that influences their decision. The Court weighs out and factors in how each parent can secure the child’s overall well-being up to adulthood. This includes the parent’s financial ability to secure the future of the child, as well as their capacity to provide for the child’s essentials, including the home, education and daily needs.

 

How Much Eligibility Does A Father Have for a Child Custody?

Unfortunately for fatheres, mothers, by default, are granted care and control of the children. However, the father can fight for custody by highlighting his involvement with his children before the divorce. The father can show that he had been the child’s primary caregiver to gain full custody over the mother. He needs to show the judge that he can look after his child daily, such as what time the child wakes up for school, who brings them to and from, and who will care for them when they get home.

 

The father should also prove to the Court that he will not keep or restrain the child from the mother. There are other factors to consider such as how much time the father spends with his child. How active he is with caring for their welfare and studies. The Court will weigh all of these and decide whether to give the father-child custody or let the child remain with the mother.

Can a Parent Stop Another Parent from Seeing their Child?

Since the mother by default gets child custody, the father has the option to discuss with her to resolve the matter amicably. However, if resistant, he can seek assistance from their divorce lawyer or make an application to Court to intervene and help him gain access to the children.

There are some rare cases where an abusive or neglectful mother can lead to an evaluation report before coming to a decision. However, the case may still be in vain if the father has not been the child’s primary caregiver even before the divorce. If this still doesn’t work, the father may opt to pursue shared custody wherein the time spent with the children will be split equally between both parents. Nonetheless, it is still up to the Court if shared custody is feasible and for the child’s best interest.

 

Trust Yeo Law to Help Settle Your Child Custody Concerns

The divorce process alone is already a difficult feat, all the more when paired with the settling of child custody in Singapore. However, having the right lawyer by your side can make all the difference. Yeo Law, Singapore’s top specialist divorce and family lawyers is a company that can help you negotiate custody terms for you and your child’s best interests. Contact us now at 6220 3400 or book an appointment for your Family and Divorce legal needs.

 

It is no easy decision to end one’s marriage, no matter how difficult it gets. However, if the need arises, there are two options to do so: divorce or separation. While divorce legally dissolves the marriage, a legal separation is a court order for married couples choosing to live apart. Despite both arrangements having the same benefits, how should one decide which option is best for them? Should the choice be separation, we will discuss how to file for separation in Singapore in this article. 

 

How does separation work in Singapore?

Before discussing the legal process of how separation in Singapore works, it is important to understand what it is first.

 Judicial separation is an official court order that frees couples from all marital obligations allowing both parties to live separately. Separation in Singapore almost has the same benefits as divorce. It is more like a formal arrangement for couples to live apart but remain legally married. With that said, separation is like putting your marriage on hold. It does not permanently terminate as compared to divorce. 

A legal separation agreement divides property and sets an arrangement for raising their children. In addition, it terminates the financial connection one has with their spouse. Because of this, separation does not allow spouses to remarry and requires court approval, plus a legal separation agreement. If the Family Justice grants an order for judiciary separation, couples are free from any marital obligations. This also means that they can live apart from each other permanently.

 

 

How do I file for separation in Singapore?

To be eligible for judicial separation, a couple must have been married for at least three years. Similarly, facts or evidence requires demonstration that their marriage is irretrievable in both separation and divorce proceedings. Submission of proof of the marriage’s breakdown for filing for a divorce can be any of the following grounds: adultery, unreasonable behaviour, or desertion.

Having said that, below are the things you will need:

1. a court approval
2. agreement to divide the property
3. plan for your child/ren.

It is necessary to plan this ahead for the process is similar with divorce. Not to mention the expenses incurred and the time to complete the process. As a result, couples may want to consider a legal separation for both personal and financial reasons. In this section, we will go over the key distinctions between divorce and separation.

Distinction between Separation and DIvorce

Separation

As discussed, separation doesn’t permanently end a marriage. Judicial separation might be a viable option for couples who are unsure about ultimately ending their marriage. This option gives both parties space to figure things out while still protecting each other’s ties (finances, assets, children).

Separation may be the better option as well for religious reasons. Some religions forbid divorce, so the only way for couples to part ways is through a legal separation.  In addition, the spouse may still be eligible for health insurance coverage provided by the other spouse’s job. Only through a divorce, the coverage is nullified. 

Along with this, separation in singapore allows you and your spouse to enjoy some tax benefits by continuing to file taxes jointly. This can also be an option to reap benefits from any Social Security and military benefits from your spouse’s work. However, receiving this kind of assistance merits if married for at least 10 years.

 

 

Divorce

The main distinction between divorce and legal separation is that divorce permanently ends your marriage. Divorce is the best option if a couple is certain that they want to end their marriage. This also entails more overhead expenditures as well as considering time spent in acquiring a divorce settlement.

It is essential to divorce if one wishes to remarry in the future. Furthermore, divorce cuts all ties between couples. This includes the ability to make medical or financial decisions for one another. It sets one from being liable to one another. Being next of kin is no longer an option with this 

After knowing the difference, heeding a lawyer is your next step. Remember, nothing is more important than having a lawyer by your side that provides a suitable option for you.

 

 

What are the rights of the plaintiff when separating from a spouse?

• • 1. Separation

    The spouses have the right to live apart from each other, but the marriage bond remains intact.

 

• • 2. Property Relations

    The absolute community of property (ACP) or the conjugal partnership of gains (CPG), as the case may be, shall be dissolved and liquidated. The court, in the absence of a written agreement between the spouses, shall designate either of them or a third person to administer the absolute community or conjugal partnership property. The administrator appointed by the court shall have the same powers and duties as those of a guardian.

 

• • 3. Custody of Children

    Unless there are compelling reasons, a child under 7 years will stay with the mother. In addition, the innocent spouse will get custody of the minor children.

 

• During the pendency of the action, the custody of children will be governed in either 2 ways:

1. A written agreement

2. A court order

 This is based on the interest of the child. Afterwards, the court will apply the   following order of preference, both parents jointly:

1. Either parent may consider the choice of child over 7 years. A parent’s application for child custody may turn into nullity once deemed unfit.

2. Surviving grandparent (if several, then choice of child over 7 years, unless grandparent chosen is unfit/disqualified).

3. Eldest brother/sister over 21 unless unfit/disqualified, or

4. Any other person deemed suitable by the court.

 

 

• • 4. Support

    During the pendency of the action, child and spousal support will be governed by either written agreement, or in the absence thereof, from the ACP/CPG. After decree, either parent or both may be ordered by the court to give an amount necessary for support in proportion to resources/means of giver and necessities of the recipient. Spousal support is considered as an advance to be deducted from the share of the spouse supported during liquidation. There may be restitution of spousal support if after decree, the court finds thapendente lite is not liable thereafter. Please note that a judgment granting support never becomes final. It may be adjusted or modified according to circumstances and the spouse’s financial capability.

 

• • 5. Succession

    The offending spouse shall be disqualified from inheriting from the innocent spouse by intestate succession. Moreover, provisions in favor of the offending spouse made in the will of the innocent spouse shall be revoked by operation of law.

 

• • 6. Within 5 years from the time the decree of legal separation has become final, the innocent spouse may revoke the donations made by him or by her in favor of the offending spouse, as well as the designation of the latter as a beneficiary in any insurance policy, even if such designation be stipulated as irrevocable. Alienations, liens and encumbrances registered in good faith before the recording of the complaint for revocation in the registries of property shall be respected. The revocation of or change in the designation of the insurance beneficiary shall take effect upon written notification thereof to the insured.

 

• 7. Please note that in judicial separation of property, the spouses’ mutual obligation to support each other continues. Furthermore, there is no disqualification to inherit, nor revocation of donations or designation as beneficiary in insurance policies, unlike in legal separation.

 

Yeo Law Can Guide You Through Your Separation

Separation equates to a draining emotional process that needs the aid of an adept professional. Guided by Yeo Law’s support, a smooth and easy journey awaits you. Contact us now via our website and we’ll be with you until the end of this undertaking.

 

 

No couple ever desires or thinks about divorce once they get married. Unfortunately, divorce is never completely out of the picture. However, divorce isn’t a one-shoe-fits-all type of process. In fact, there are a lot of different details and steps depending on every situation. With that, we will be discussing how to file for divorce in Singapore.

 

What are The Grounds for Divorce in Singapore?

There are two (2) grounds for divorce in Singapore: unreasonable behaviour and adultery.

 

Unreasonable Behaviour

Unreasonable behaviour is frequently used as a common ground in divorce proceedings since it’s fault-based. Meaning your spouse has acted in such a way that you can no longer live with them. When you file, one of the requirements is to provide examples of their behaviour. Behaviour that you believe you will be unable to tolerate in your Statement of Particulars. As a result, the court does not require harsh allegations against your spouse to grant a divorce. There have been many divorces where there was no evidence of violence, gambling, or extramarital affairs.

However, relatively mild allegations may suffice. Some examples are: devoting too much time to a hobby or placing too much priority on a career. Differences in opinions or pursuing separate social life could also be one factor.

 

Adultery

Adultery, on the other hand, necessitates actual evidence of a spouse engaging in sexual intercourse with another person. Presenting evidence in court is one way to obtain a divorce based on adultery.  You can still file without evidence and prove adultery by actual admission or circumstantial evidence.

It is a trend for family lawyers in Singapore to suggest unreasonable behaviour as their ground for divorce. Considerably preferred rather than adultery when filing for divorce. This is most common if there’s no basis of the intimate affairs of a spouse with another person. Added to that when the client wishes to end the marriage expeditiously or to save costs.

 The law does not legally allow you to file a divorce under adultery if you continue living with your adulterous spouse for more than six (6) months after you discovered the affair. Additionally, the person who has committed adultery cannot use the ground of having admitted adultery to the victim’s spouse to commence divorce. In either scenario, the individual can opt for unreasonable behaviour instead.

 

Who Can File for a Divorce in Singapore?

Individuals can file for a divorce under three (3) circumstances:

• Three (3) years’ separation with the consent of the spouse
• Four (4) years of living apart
• Two (2) years’ of desertion

 

Three (3) years’ separation with the consent of the spouse

You can file for a divorce if you both agree with the decision and have lived apart for at least three (3) years. It requires both parties to provide a signed consent form as part of the divorce documents for submission to the Family Justice Courts.

 

Four (4) years of living apart

On the other hand, you do not need your spouse’s consent if you have lived apart for at least four (4) years. However, this does not automatically mean that your divorce will push through.It is also required to submit a Writ for Divorce to the Family Justice Courts to obtain an order for divorce.

 

Two (2) years’ of desertion

Two (2) years of desertion can also be applicable in other cases. This is when your spouse has gone missing for a continuous period of at least two (2) years without your knowledge and consent. However, you have to show that the absent spouse has intended to abandon the family. If you have no way of contacting him/her, it can be used as grounds to file for divorce.

 

Is it True That My Spouse and I Must be Separated for Three (3) Years Before I Can Divorce?

If married for more than three (3) years from the date of the ROM, you have five (5) grounds to choose from. Firstly, you do not have to wait for an additional three (3) years (a total of eight (8) years of marriage) to start a divorce proceeding for the marriage of five (5) years.

 

In addition, the defendant can still contest the divorce based on four (4) years’ separation.  Refusal to consent to three (3) years’ separation does not guarantee an automatic filing of the divorce on the fourth (4th) year.

 

Does it Matter Who Starts The Divorce?

The law will name you as the Plaintiff if you deem your spouse the cause for the breakdown of your marriage. In turn, the law will consider your spouse as the Defendant and will have the chance to defend your allegations against them. It will be an uncontested divorce if the spouse agrees to the others’ allegations.

 

Can I Divorce Without a Lawyer in Singapore?

The Family Court of Singapore is not in a position to give you any legal advice without your own divorce lawyer. Only a Singapore divorce lawyer engaged by you can dispense legal advice to you that is in your interest. Remember, information on how to file for divorce is easily accessible online. What you’ll be needing the most is a professional divorce lawyer to help you through this undesirable fate.

 

Can I Divorce Without Separation?

For divorce with consent, it requires couples to have three (3) years of separation. Divorce without consent is also possible, with four (4) years of separation.

 

What is the Difference Between Uncontested and Contested Divorce in Singapore?

An uncontested divorce refers to when the spouse received (or told to expect) the Writ for Divorce,  through divorce papers sent by the other party. This can be sent either by email or post or manually claimed. Recipients must fully agree to ancillary matters (a division of assets, home, child(ren)’s custody care and control and access, child and spousal maintenance and other issues and have nothing to further add).

On the other hand, contested divorce means the receiving spouse has read through the divorce papers and doesn’t agree with the allocation of assets or with the story in the statement of particulars. To counter a divorce, you will need a formal legal objection and the Family Justice Courts will consider whether the marriage is irretrievably broken down and the divorce will be granted accordingly.

 

How Can I Get an Immediate Divorce in Singapore?

You will obtain your Interim Judgement within one (1) month after filing the court papers with the Family Justice Courts. This happens if your case is a simplified & uncontested divorce, making it straightforward and less hassle. However, the process extends typically from four (4) to six (6) months due to the wait time for the Certificate of Divorce. Certain unresolved issues or disputes over the terms between both parties can be the cause of this. The Family Justice Courts will mandate CFRC counselling, mediation and other dispute resolution methods. They may also require a contested trial/hearing.

 

What is The Cost of Divorce in Singapore?

For divorce filed under adultery, the cost could go from S$5,000 to over $10,000. However, this doesn’t guarantee that you would get a result from your spouse’s adulterous conduct.

In an uncontested divorce, where parties work on the settlement of terms together, they would usually agree to share the costs. If your spouse refuses to pay for the legal costs or court fees, or they get their own lawyer to represent them, the person who initiates the divorce will be paying for everything.

 

The Requirements Needed In Filing A Divorce in Singapore.

To be able to file for a divorce namely, you must meet certain eligibilities set under sections 93 and 94 of the Women’s Charter:

• A couple with marriage for more than three (3) years. However, you can apply earlier if proven that an individual has suffered exceptional hardship or deprivation.
• Either spouse has domiciled in Singapore OR based on the habitual residence of a party to the marriage for at least three (3) years in Singapore. In addition, he/she has left Singapore for a period of 180 days in a block, immediately preceding the filing of the Writ of Divorce.

 

The steps for filing for divorce as follows:

1. Before Filing the Divorce Application

According to the Mandatory Parenting Programme (MPP), at least one (1) child under the age of 21 should attend the mandated programme at any of the Divorce Support SapecialistAgencies. This is according to Singapore law (since 2016) for divorcing couples. These are found among four (4) family centres in Singapore. Sessions usually take around 30 mins with a group of 12 attendees. You will get a Certificate for Attendance after the session, which is vital for filing a Writ for Divorce. It is also required for couples to do so if they cannot fully agree on the reasons for divorce and/or all ancillary matters, all while intending to contest the divorce proceedings.

However, suppose the divorcing couple has reached a full agreement on the reasons for divorce and all ancillary matters, they may proceed to file for divorce via the uncontested divorce track or the simplified divorce track.The spouse who filed for the divorce is the Plaintiff while the other acts as the Defendant.  In addition, Co-Defendant(s) served as the term used for a third party member in adultery.

 

2. Drafting the Divorce Documents

You may refer to the list below for several important documents required for filing for divorce:

Writ for Divorce – autogenerated document indicating the serial number (FC/D 1234/2020);

• Statement of Claim – a document that indicates children and assets, particulars and Plaintiff’s claim for ancillary reliefs. Said ancillary reliefs are issues like division of matrimonial home and other relevant items in the marriage;
• Statement of Particulars – important facts about the relationship to support the divorce. Specifically, what happened during the marriage that prompted it. For example, unreasonable behaviour, violence or adultery etc.
• Parenting Plans – list on current care arrangement for the child(ren) under the age of 21. This should include information about their school and schedule; and the care arrangement for them after divorce
• Property Plans – list on the HDB flat. This includes cash and CPF contributions, and the intended division of the HDB flat after divorce.

 

 

3. Service of the Writ on a Defendant

It is possible to file an application for divorce if you have been married for more than three (3) years from the date of your Registration of Marriage (“ROM”). This is according to section 94(3) of the Women’s Charter. In addition, you need to cite one (1) of the five (5) facts which demonstrate that the marriage has irretrievably broken down.

You must file a Writ of Divorce, together with the full set of documents, into Family Justice Courts to commence the divorce proceedings. The Defendant must respond to the Courts within eight (8) days after receiving the writ. In addition, the Defendant or his lawyer must indicate whether he/she wishes to contest the divorce and list down ancillary matters. It is required to list all of these down in the Memorandum of Appearance. If you are unable to locate the defendant or he/she refuses to respond despite being able to, you need to file an application of Substituted Service for the Defendant.

 

Divorce is also used to help couples reach a final agreement  on important matters like custody care and control, division of matrimonial assets and HDB or private properties; accessibility and maintenance of Child(ren) of the marriage, and spousal maintenance, costs etc. These should also include concluded terms reached by each parties’ settlement by way of private negotiation or court mediation. A draft consent order or draft interim judgement is also vital.  An Ancillary Matters Order or Order of Court will be issued if the judge’s decision concludes the terms after hearing the case at the Ancillary Matters Hearing.

 

Let Yeo Law Aid You in Your Divorce Journey

Divorce is not an easy feat to get through. That is why it is of utmost importance in Yeo Law to provide top-notch quality lawyers. Setting the bar high will help you through the difficult journey. Hiring a professional attorney will ensure that there is someone to support you. At the same time, keep your best interest in mind at all times. Contact us via our website to learn more about how hiring a divorce attorney could benefit you as you go through this difficult time.

Difficult situations lead to individuals finding themselves in need of professional help. One situation would be when couples are going through a divorce. While no couple would want to go through that, it’s essential to have the right assistance when necessary. With that, having a great attorney by your side can extremely change the outcome of your situation. But what makes a good divorce lawyer? Continue on reading this guide on how to find the top divorce lawyer in Singapore

 

How Do I Choose a Divorce Lawyer in Singapore?

It’s important to choose a divorce lawyer who meets your exact needs. If you have enough time, make sure to really evaluate and consider each candidate. Divorce is not an easy ordeal to go through, so having the best support system is essential.

In addition, you should determine your budget and work from there. Who you engage greatly depends on how much money you can shell out. Finding a good balance between keeping within your budget and meeting your needs is key. Furthermore, avoid investing in a lawyer who isn’t the right one just to save money. There have been countless situations where the divorce process becomes expensive and drawn out just for this very reason.

 

What Are the Best Qualities of a Divorce Lawyer?

While it is essential for lawyers in general, regardless of their specialisation, to have these qualities mentioned below, it is also vital for divorce lawyers to acquire the same assets. The divorce process is complex, confusing and overwhelming for most. This is not because the journey will be a challenging ride, but it will be very emotional. Nonetheless, it is vital to have the proper support as you seek a divorce lawyer. Having empathy and understanding what your client is going through is essential to being an effective divorce lawyer.

Furthermore, clients going through divorce have to deal with several issues while trying to resolve the legal aspects of divorce. They have to struggle with emotional baggage. Maintain balanced mental wellbeing. At the same time, if they have kids, they have to ensure that their kids will not be affected by their parent’s divorce. 

When you look for a top divorce lawyer, be sure to find one who is able to relate to your situation and needs. Look for one who can understand your circumstances and give you the right legal guidance you need. It is also ideal if the lawyer can also support you emotionally as dealing with divorce can be emotionally draining. With all these in mind, here are some of the qualities to look for in a top divorce lawyer: 

1. Qualified
It goes without saying that the divorce lawyer you engage should have reliable and outstanding qualifications. A good lawyer should have a good academic background and an extensive history of working on divorce cases. This reflects how credible they are and the efficiency of how well they will do their job. Naturally, a more learned and experienced divorce lawyer will help you win your case.

2. Professional
Divorce is a legal process to dissolve each party’s assets and resolve custody issues. As this journey may be full of emotional ups and downs, you need a divorce lawyer who is realistic and professional. He or she must be a professional who will not let their emotions cloud their judgement and be able to fulfil his or her responsibilities efficiently. They should be able to provide you with both objective advice as well as emotional support when needed. Ultimately, their job is to ensure that you are able to get the best out of a divorce case. 

3. Organised and Available
While your lawyer may be professional and qualified for the job, it won’t be of any use if you can never reach them. Your questions will be left unanswered and your burdens will pile up on your shoulders. It’s important to determine this early on as most lawyers handle several cases simultaneously. However, organised divorce lawyers will make sure to be available when their clients need them, no matter how swamped they are. You can discuss this during your initial consultation with them and establish their average response times or general availability.   

4. Composed
Passion or eagerness to win their client’s case is not a bad thing unless it gets in the way of a lawyer’s composure. It is important for a divorce lawyer to be cool and collected in the courthouse. One who doesn’t instigate an argument or let their emotions get in the way of their job is your ideal lawyer. It is vital to have one who maintains their composure no matter how the situation turns. This is especially important if you intend to use mediation rather than litigation; reaching a consensus requires the cooperation of all parties.

5. Honest
Honesty is the foundation of any relationship and a vital one for a professional setting like this. No matter how harsh the truth is, a good divorce lawyer should never withhold or water down information. As mentioned a while ago, they are here for professional support and being transparent is very important. 

6. Confident
It takes a lot of confidence to stand up in front of the entire courtroom and make logical and assertive arguments. Confidence is required to exert influence and avoid being intimidated by the other party. Their tone of voice and their body language will dictate the progress of the situation. With that, it is important to choose a divorce lawyer that exhibits confidence in order to win your case.

 

Yeolaw Family Law Specialist Can Support You During Your Divorce

Yeolaw Family Law Specialist prides itself as a strong market leader in the areas of matrimonial and family law. We provide holistic and reliable solutions to all your needs and pledge to giving you the best outcomes in whichever case that you entrust us with. Our lawyers are equipped with extensive legal experience and knowledge and are more than capable to represent you in your court proceedings.

In addition, Yeolaw Family Law Specialist’s culture is one of integrity, compassion, and service-oriented. By engaging us, you can be sure that we will be dedicated and attentive to your needs, and will provide you with the necessary support to help you through your divorce process. Divorce is a personal and sensitive matter, and we want to be with you every step of the way and to support you both on the legal and emotional aspects. 

Our specialised divorce lawyers will provide you with comprehensive consultations on the procedure, costs, and all your available legal and practical options. This sets the tone for your legal position and helps you determine which directions you should take. We also possess a treasure trove of expert knowledge from different professionals. Professionals such as real estate appraisers, forensic scientists, social workers, business and accounting experts. Such knowledge enables us to strategise our clients’ cases accurately in order for us to obtain the best result.  

If you are looking for a top divorce lawyer to help you with your divorce case, look no further! Yeolaw Family Law Specialist will be your dedicated advocate for your case and will provide you with holistic services so that your journey will be less stressful. Schedule a free consultation with us now to get the professional help you need. 

 

 

Being in a relationship is not always filled with happiness. There are instances where fights arise, which may sometimes be healthy, but may also turn nasty and cause relationships to break down. When you enter into a marriage, you strive to give your very best to your partner in the first few years. However, when times get challenging and you find more cracks in your relationship, it gets you down and you find it harder to hold on to your marriage vows.

As much as we hope for a relationship to last through the test of time, circumstances in life may cause us to reevaluate our relationship and to weigh our priorities and decide what is best for us. Divorce is never the best option but for some couples, it could actually do more good than harm for both parties. Before you decide to file for divorce in Singapore, it is good to read and understand more about divorce proceedings. This post will narrate five things you need to know before you file for a divorce.

 

 

What are the grounds for divorce?

In Singapore, there are five grounds for divorce, and these are:

 

1. Adultery

You can only tag adultery if you have proof that your spouse consummated with another person. If the basis is only through physical intimacy without extramarital congress, this claim is void. It could either be through confession or if you have discovered written material as evidence. Also, you can only file for divorce within the span of 6 months when you discovered the illicit affair.

 

2. Violence

Unreasonable behaviour is mentioned as the most common reason for divorce. The violence may not be just limited to physical but may also include emotional or verbal abuse. Also, such violence occurs when narcotics or alcohol are involved. 

 

3. Habitual drunkenness

Habitual drunkenness resulting in unreasonable behavior is also another ground for divorce.

 

4. Desertion of 2 years

Desertion means one has abandoned the other without consent or against the will of the other. The court allows this ground if it has occurred continuously for the past 2 years. If, for example, the spouse came back after a short period and left again, it does not mean that the counting will start from square one. The total period of the desertion must be equivalent to two years. The entire time that the spouse returned should not be more than six months. The grounds for this do not include situations where the spouse must work abroad, and desertion is not intended. It should be the case where the spouse chooses to leave his or her partner and live in a different household.

 

5. Separation for 3 years or more

This means both parties have decided to live apart for a continuous span of at least 3 years. Evidence must be provided that the breakdown is irreparable. A deed of separation may also be used for this. Both parties should be amicable to divorce and agree to it. Just make sure that the decision to live separately was a choice you two have unitedly decided, and that it was necessary and proved to be better for both parties. In the case that both of you have lived independently for four years, consent coming from your spouse for a divorce is no longer needed.

If you are unsure if your situation qualifies, it is best to speak to a lawyer to find out. Remember that you need to have legal grounds to file for a divorce; your case may be void without them.

 

 

When can you file for divorce?

Proposing for divorce in Singapore can be done if you meet any of the following conditions: 

1. You and your spouse have been living individually for at least 4 years.
2. Your spouse has been unfaithful 
3. Your spouse has solitarily deserted you for at least 3 years 
4. You and your spouse have been living independently for at least 2 years, and you both agree to the divorce 
5. Your spouse has physically or mentally abused you 
6. Your spouse has been convicted of a crime and imprisoned for at least 3 years

 

 

What are the factors considered by the courts?

When it comes to divorce in Singapore, the courts take various factors into account. These include the couple’s age, income, assets and liabilities, and the care of any children involved. The courts will also look at how each person behaved during the marriage. If either person is to blame for the breakup of the marriage, a judge may order one spouse to pay the other spouse maintenance or alimony if one of them is found to be at fault. Our lawyers are skilled in handling all types of divorce cases and can help you understand the process and what to expect.

 

 

What are the legal implications of withdrawing a divorce case?

In some cases, one party may opt to withdraw a divorce case. For whatever reason, there are several procedural issues to consider. Withdrawing a case can be done with the consent of the other party, or the court can exercise its jurisdiction. Supposedly the case has already begun by way of a writ of summons; you are not required to obtain permission from the court or the consent of the other parties. You can dig out your case at any time within 14 days of the defendant serving their defence on you. Instead, you can simply withdraw your case from the court system by serving the defendants with a Notice of Discontinuance, which is contained in Form 30.

It is important to note that only the person who filed the lawsuit has the authority to request that the case may be dismissed. Most of the time, even after the case has been withdrawn, it is still possible to re-commence it later. Understand that if you choose to withdraw your case, you will almost certainly be required to reimburse the other parties for their cost so far in the litigation. This is more evident if you withdraw your case during the proceedings, and if the other parties have not agreed to bear their costs, you may be subject to this penalty. Also, note that withdrawing your case will not have the effect of withdrawing any counterclaims that the defendant(s) may have filed against you unless you can obtain the defendant(s)’ agreement to withdraw their counterclaims.

 

 

What are the divorce laws in Singapore?

The starting point of any divorce proceeding is to establish whether you and your spouse are eligible to file for divorce in Singapore. The Women’s Charter governs divorce in Singapore. The key criterion is that you and your spouse must be residents in Singapore during the divorce. If you meet this criterion, you may file for divorce in Singapore provided that you have been married for at least three years, and your marriage has broken down irretrievably. You and your spouse must also agree to the divorce. If you do not meet the residency criterion, you may still file for divorce in Singapore, but it will be an overseas divorce, and the proceedings will take place in the foreign country.

In some circumstances, a divorce can be filed before the first three years of the marriage have elapsed. You will, however, be required to demonstrate that you have endured exceptional hardship or that your spouse has been exceptionally unreasonable and cruel in their treatment of you.

What constitutes “exceptional hardship” and/or “exceptionally unreasonable and cruel” behaviour is subject to interpretation by the courts. There is no set legal definition for these terms. The reason for this is that the applicant must use his or her own personal circumstances to convince the court. That there is exceptional hardship on a broader scale than usual. 

 

 

In a nutshell

Marriage is not all about love. It’s a decision a couple has to make together. Indeed, it is easy to fall in love and be married but it is harder to stay in love and be committed to the relationship. A relationship won’t thrive if bitterness, suspicion, and resentment are present. Both parties have to learn to accept each other’s differences and find ways to overcome them. On top of commitment, loyalty, faithfulness, respect and trust are factors that will contribute to a lasting relationship.

However, if you find that your partner has cheated on you, or if you have been abused both physically and verbally, or if you come to a point when you realise that your marriage is beyond repair, then divorce may be the means to an end. Speak to our lawyers and we will do our best to advise you on the right course of action to take. You are not alone in your battle, so reach out if you find yourself at wit’s end!