Do You Qualify for a Divorce in Your Country?
To begin a divorce action in Singapore, you must first determine if the court has jurisdiction. Become familiar with family law in Singapore and its enforcement. For the Singapore court to consider your divorce case, you and your spouse must have lived in Singapore for at least three years before filing for divorce and have been married for at least three of those years.
Even though the court has the power to waive this provision in circumstances of extreme hardship or harsh behaviour, another marriage and requesting an annulment are two different things. When an annulment is granted, the marriage is deemed to have never taken place. Getting a divorce, on the other hand, is the process of ending a marriage. Annulments don’t require a three-year marriage before they can be granted. Annulments are, however, granted by the court only under particular conditions and sooner than a year into the marriage. Consult your most trustworthy family lawyer in Singapore before you do anything else.
Divorce Goes Through Several Stages
Civil divorces (i.e., divorces between non-Muslims) in Singapore are divided into two stages:
1st Stage: Divorce or Separation from a Spouse
2nd Stage: Aspects that are not directly related to the main topic
It is at each step that the many difficulties and disputes that have arisen before and during the breakup of marriage are resolved.
1st Stage: Dissolution of marriage is the first step in the divorce process
The family law of Singapore depicts that the divorcing party is the one who presents the grounds for divorce. The irretrievable dissolution of the marriage is the primary cause for filing for divorce in Singapore, according to the country’s legal system. The plaintiff must show that one or more of the following has occurred:
- When Plaintiff commits adultery, they find Defendant unbearable to live with. Evidence of the defendant’s infidelity must be presented. A private investigator might be hired to obtain information.
- Plaintiff can no longer live with Defendant because of his unreasonable behaviour. If violence is involved, a Personal Protection Order may be sought from the court in Singapore.
- A minimum of two years of desertion is required for Defendant to be charged with desertion. There should be no hints that the narrator plans to return.
- A three-year separation was agreed upon by the parties involved.
The legitimacy of these claims will be tested in court. If the other side objects, a jury trial will be lengthy. Evidence must be produced, a criminal lawyer must be summoned, witnesses in Singapore must be cross-examined, and a court case heard. Before a trial can be avoided, both parties must agree that any of these grounds applied. When a judge issues an interim divorce decision, the divorce process moves to the 2nd stage.
2nd Stage: Additional Rudimentary Matters
The following three topics are addressed in this stage of the proceedings:
- Custody and control of minors
- Wives and children should be taken care of
- Asset allocation
To be clear, the court will not consider the grounds stated for the split when making ancillary decisions under Singapore law. When it comes to ancillary matters, your divorce lawyer will be able to assist you.
1st Priority: Children
As family law in Singapore depicts, there will be certain concerns that branch out from these family statutes. At this point, we’re looking at three difficulties related to children in marriage. These include:
- Custody– There are several aspects to custody, including deciding on a child’s schooling, religious beliefs and health care needs. As a general rule, joint custody is awarded to both parents if the parties are unable to agree on custody.
- Proper Care– One of the most important roles of a primary caregiver is to supervise and supervise. If there is a divorce, the child will reside mostly with the parent who has been granted custody and control of him or her.
- Accessibility– As part of the agreement, the non-custodial parent is granted access to the children. All of these options are available to the user.
2nd Priority: Maintenance
After marriage, the family law also depicts that the husband in Singapore, must support his wife and children (up to 21 years of age). If the marriage is short or the wife earns well, the husband is not required to provide maintenance. However, the divorced couple’s children are kept.
The parties can decide how much to provide for the wife and children. Otherwise, the court will decide depending on various considerations. This includes both couples’ standard of living and income (current and future), length of the behaviour, household expenditures, and a few additional considerations. Solicit bank statements, invoices, etc., from both parties.
3rd Priority: Division of Properties and Matrimonial Assets
When a marriage ends, the assets are distributed between the parties, if both parties have consulted a family lawyer within the territory of Singapore. It does not include inherited homes that are defined by law. The consideration elements include:
- The level of each party’s contributions to acquiring, improving, or maintaining the assets, monetary, property, work;
- Any debt or obligation incurred by either side for their own or their children’s benefit;
- The children’s needs (if any);
- The level to which each party contributed to the family’s welfare (including home maintenance, family care, and dependent care)
- Any pre-divorce agreement between the parties on asset ownership and split;
- One side enjoys a period of rent-free occupancy or another benefit in rule of the family law in Singapore.
- The support supplied by one party (whether material or not) includes assistance in carrying on each party’s vocation or business;
Invoices for the spouse and children’s upkeep are required from both parties. However, any party may incorporate contracts.
A divorce lawyer may not be needed in some cases. But it’s good to know one for legal advice. Always be ready for anything. Consult a lawyer from Aspect Law Chambers LLC, a Family and Criminal Law Firm trusted by many in Singapore. Their lawyers would do their utmost to assist you. They also have the best criminal lawyer Singapore can provide.