Knowing how to divorce in Singapore can require some study of the requirements and correct procedures.
Divorce procedures can be complex. Each country has its own unique laws and requirements.
If you are seeking to dissolve your marriage in Singapore you’ll need to understand the specific divorce process.
Are there other options?
Couples are encouraged to seek resources such as marriage counselors to see if the marriage can possibly saved. When these options have been explored and no compromise can be found; it is wise for each partner to seek legal counsel. The divorce process in Singapore can be confusing to anyone not familiar with the laws and experienced in how the system works.
Who are the named parties in a Divorce Writ?
In a divorce settlement there is a Plaintiff and Defendant. The Plaintiff is the person who files for divorce.
Requirement to File for Divorce in Singapore
One or both parties must have resided in Singapore for three years or more.
Parties must have been married for more than three years.
How are Divorce’s Filed?
A Divorce Writ is filed with the service bureau electronically or in person by lawyers.
Grounds to File an Application for Divorce
A divorce can be granted if the marriage has irretrievably broken down. This requires specific reasons such as:
- Unreasonable behavior such as abuse, refusal to participate in sexual intercourse without good cause, gambling, and other types of activities.
- Separation for three years with consent or four years without consent.
- Adultery. This usually needs to be verified by a private investigator’s report
Can Your Spouse Contest the Divorce?
After your spouse is served divorce papers they will have eight days to contest the divorce. They may file for an extension. They then have fourteen days to file a Defense or Counter File.
What Happens after the Writ of Divorce is Filed?
A date and time for a Status Conference or Pre-trial hearing is set. The hearing may take several days if the divorce is being contested. Witnesses such as friends and neighbors may be asked to testify about abuse claims. Medical professional may be required to verify claims of violence.
Children will sometimes be asked to testify if they are old enough to give an accurate account of events.
The Plaintiff will be asked to provide a copy of the original marriage certificate or a certified extract at the divorce proceedings.
What will the Divorce Procedures Decide?
- How property and assets are divided: A detailed list of all marital assets must be presented to the court even if they are listed under one party’s name.
- Custody of children – This will be decided in the best interest of the children; not the parents. Affidavits will be presented to try and prove who will be the best custodial parent. Visitation rights and maintenance will also be decided. Divorce proceeding can be especially hard on children. Everything possible should be done to prevent additional trauma for the children.
Should You Seek Professional Help to Handle Your Divorce Proceedings?
Because these procedures are complicated many people choose to hire a trained divorce lawyer to help them through this confusing maze. This is especially true if your spouse is contesting the divorce.
Also, emotions run high during a divorce and you may need an objective professional to guide you along the way. This can save you from making bad decisions that can impact your financial future and your children’s.
If you would like to learn more about divorce procedures in Singapore; please contact our office. We would be happy to sit down with you and explain all your options. We want to make this legal procedure as painless as possible for you and your family.