Understanding Divorce in Singapore
Several factors must be considered when initiating a divorce in Singapore, starting with determining whether the Singapore courts have jurisdiction over the case. A divorce can be filed in Singapore if:
- Either spouse is domiciled in Singapore at the time the proceedings begin; or
- Either spouse has been a habitual resident in Singapore for at least three years before the divorce proceedings start.
Additionally, the couple must have been married for at least three years. The court has limited discretion to waive this requirement, typically only in cases of extreme cruelty or severe hardship.
It’s important to distinguish between divorce and annulment. Divorce dissolves a marriage, whereas an annulment renders it void, as if the marriage never occurred. For annulment, the parties don’t need to have been married for three years, though the court grants it only under specific circumstances, usually early in the marriage.
The above conditions do not apply to marriages under Muslim law.Phases of Divorce in Singapore
Phase 1: Dissolution of Marriage
The marriage must be proven to have irretrievably broken down based on one of the following grounds:
- Adultery: One spouse’s infidelity makes it intolerable for the other to continue living with them.
- Unreasonable Behavior: The defendant’s behavior makes it unbearable for the plaintiff to stay married.
- Desertion: One spouse has abandoned the other for at least two years with no intent to return.
- Separation: The couple has lived apart for three years by mutual consent, or four years if without agreement.
Proof of these grounds must be presented in court, potentially through trial if contested. If both parties agree or the court finds the marriage irretrievably broken, an interim judgment will be issued, dissolving the marriage.
Phase 2: Ancillary Matters
After dissolution, ancillary matters must be resolved. The court usually does not factor in who is at fault in the marriage breakdown when deciding these issues, which include:
- Children: Custody, care and control, and access arrangements must be determined.
- Maintenance: The court will decide on spousal and child maintenance based on factors such as income, standard of living, and the duration of the marriage.
- Division of Marital Assets: Assets are divided based on each party’s financial and non-financial contributions during the marriage.
Custody, Care, and Control of Children
Custody involves major decisions in a child’s life, including education and religion. Care and control determine which parent the child will live with, while access refers to visitation rights for the non-custodial parent. The court often awards joint custody to both parents but resolves care, control, and access based on the child’s best interests.
Maintenance
A husband is typically responsible for supporting his wife and children until they reach 21. Spousal maintenance may not always be required, especially in short marriages or if the wife has a substantial income. Parties can agree on maintenance, or the court will make a determination based on income, living standards, and other relevant factors.
Division of Marital Assets
Marital assets are divided by considering both direct (monetary) and indirect (non-monetary) contributions made by each party. The court considers various factors, such as contributions to asset acquisition, family welfare, and agreements regarding asset division.
Uncontested Divorce
An uncontested divorce, or simplified divorce, occurs when both parties agree on the reason for the divorce and all ancillary matters. This approach avoids lengthy and costly trials. The courts often encourage mediation to help couples resolve issues amicably, especially in the early stages of divorce.
Legal Assistance
Although it’s possible to file for divorce without a lawyer, the process involves technicalities and formalities that may be challenging without legal guidance. Key documents must be submitted, including the Writ of Summons, Statement of Claim, and proposed parenting and property plans. If the divorce is contested, additional documents may be required, such as the Affidavit of Assets and Means.
Seeking help from a divorce lawyer
It is strongly advisable to seek assistance from a divorce lawyer, particularly if there is a likelihood that the divorce will be contested.
