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Our Divorce Services include:
Frequently Asked Questions About Divorce
But the question really is: Do you want to let yourself be further stressed with the procedural rules and paperwork of a divorce suit?
If you file a divorce on your own, you will need to learn about the legal jargon, fill in various forms and take leave from work on many occasions to e-file the papers at a service bureau.
We can afford to charge a low fixed fee for agreed divorce cases simply because we are experienced and focused in divorce cases. By engaging us to represent you in divorce, you free up your valuable time to focus on your career and taking care of your loved ones.
There is a 3 year restriction period. Either the husband or the wife may file for divorce only after 3 years from the date of the registration of the marriage.
In the event the party still wishes to file for divorce within the first 3 years of the marriage, the party must apply for Court’s permission to file a divorce, and satisfy the Court that the party has suffered exceptional hardship or there was exceptional depravity on the part of the spouse.
- Either the husband or the wife is domiciled in Singapore at the start of the divorce proceedings.
- Either the husband or the wife is a habitual resident in Singapore for at least 3 years just before the start of the divorce proceedings.
Your domicile is the country that you live in and you treat as your permanent home. One is presumed to be domiciled in Singapore if he/she is a Singapore Citizen.
There is only one ground for divorce in Singapore, and it is “irretrievable breakdown of the marriage”. Either the husband or the wife may file for divorce on the ground that the marriage has irretrievably broken down.
Any one of the following 5 facts proves an irretrievable breakdown of marriage:
- The Defendant has committed adultery and the Plaintiff finds it intolerable to live with the Defendant.
- The Defendant has behaved in such a way that the Plaintiff cannot reasonably be expected to live with the Defendant.
- The Defendant has deserted the Plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ for divorce.
- The parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ for divorce and the Defendant consents to a judgment being granted.
- The parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ for divorce.
Generally, “Custody” means the right to make major decisions for the child in the following three(3) areas:
- Medical issues.
- Educational issues.
- Religious issues.
The Court may make an order for one parent to be granted sole custody or for both parents to be granted joint custody.
Save for exceptional circumstances, it is noted that the general trend is for the Court grant joint custody of the child to both parents.
The Court has the power when granting a judgment of divorce, to order the division or sale of matrimonial assets to the parties in such proportions as the Court thinks just and equitable. In this respect the term “equitable” means fair or reasonable, it does not necessarily mean equal.
The Court will take into account the direct financial contributions by both parties to the matrimonial assets as well as the indirect contributions (e.g. looking after the children, working for the family business, doing the housework, paying for the household expenses).
Matrimonial assets means:
- any asset acquired during marriage by one or both parties. Examples of such matrimonial assets include property, bank account savings, shares, CPF monies, family car etc.
- any asset acquired before the marriage by one party or both parties which are ordinarily used or enjoyed by both parties or child while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes, or which are substantially improved during the marriage by the other party or both parties to the marriage.
It is interesting to note that any asset acquired at any time by gift or inheritance is not matrimonial asset, unless it was substantially improved during the marriage by the other party or both parties to the marriage.
The Court is also empowered upon divorce, to order the transfer of a fixed sum of CPF monies from one party’s CPF account to the other party’s CPF account.
In order to get an idea of what the matrimonial assets are and the extent of each party’s direct and indirect contributions to the assets, parties may be asked the following questions:
- What are your assets in sole names and joint names?
- What is the value of each of your assets?
- What are your direct financial contributions to each asset?
- What are your indirect contributions to each asset?
- If your matrimonial assets include a HDB flat, have you checked with HDB on whether there are any restrictions as to how and when the flat can be disposed of (by way of sale or whether it may be transferred to the other party etc.)
- How much is the refund to your CPF account and to other party’s CPF account that must be made if the asset is sold?
- How much is the outstanding mortgage?
Due to recent changes in CPF Rules, the Court is empowered upon divorce to order the transfer of the property from both parties to the sole name of the remaining party, with no CPF refunds or with just partial CPF refunds to the outgoing party.