When most of us proclaim our wedding vows, we look forward to spending the rest of our lives with our significant other ‒ so the last thing anyone would imagine is going through a divorce with our spouse. Unfortunately, not all marriages last, and if you’ve tried to save your relationship but things still have to come to an end, the next step you’ll have to take is to file a divorce.
To help you with the process, below is a step-by-step guide to divorce in Singapore.
Note that this is just a guide and you should still seek legal advice from professionals.
Contents
According to Singapore law, divorce is a legal procedure that ends a marriage. This means you and your spouse are required to submit various documents to support the decision to end your marriage.
Unlike breakups, which can be done in person or over a phone call, divorces in Singapore are much more complicated.
Prior to the submission of documents to the Family Courts in Singapore, you’ll have to find out whether you’re eligible for the divorce by meeting the following requirements:
No one ends a marriage without a proper reason, and your divorce procedure will be handled differently depending on the reason for which you file.
Learning that there is another significant other in your spouse’s life is hard for many to accept. In legal terms, this behaviour is known as adultery, defined by the fact that your spouse has cheated on you by engaging in sexual relations with an outsider. Consequently, you may find it impossible to continue living under the same roof as your spouse.
In this case, you can file for divorce as soon as the infidelity is made known.
Evidence needed: Photography, videography, text messages or email exchanges that show the act of infidelity or the intention to commit adultery.
No one deserves to be abused, whether it be physically, mentally, or emotionally. If your spouse has inflicted pain on you due to such unreasonable behaviour, you are entitled to file for a divorce as soon as an incident occurs. This could also be defined as “irreconcilable differences”, the term most celebrity couples cite when announcing going their separate ways.
Evidence needed: Proof of any act conducted by your spouse.
Unlike the aforementioned circumstances, filing for divorce due to desertion can only be done two years from the date of the incident. To put it simply, you have the right to do so if your spouse has left you against your wishes, and disregarded your marital relationship.
Evidence needed: Proof that shows your spouse’s intention to desert and physically separate.
Many reasons can cause a couple to separate from one another, but no matter the cause, you can only file for divorce three years from the date of separation. Note that this is only possible if your spouse also agrees that both of you have been living separately for at least three years.
If not, you’d have to wait four years before you can file for divorce.
While there is no official “reason” behind this waiting period, many believe it is to discourage couples from easily ending their marriage, and to allow them to understand that they are making yet another life-changing decision.
Evidence needed: Proof that shows you and your spouse’s intention to be apart and to end the marital relationship.
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If you think that divorcing is just about ending the marital relationship with your spouse, think again.
Those who have children might have a harder time agreeing to terms of co-parenting. Not only do you have to decide who gets custody of your children, but you also need to agree on future expenses and access that each parent gets.
Most importantly, you should also consider how the separation will affect the well-being of your child.
Divorce is far from rainbows and unicorns ‒ things can get particularly tricky when dividing matrimonial assets. Simply put, anything used for the benefit of the marriage such as a matrimonial home, a car, lottery winnings, insurance policies, and even a television can be divided between you and your spouse.
Known as the Ancillary Matters Hearing, the division of matrimonial assets typically occurs after the initial stages of a divorce, and factors in child custody and spouse maintenance.
Both you and your spouse will have to fully disclose your assets, and the Court will then evaluate them. A preliminary ratio of asset division will be proposed by the Court based on the direct and indirect contributions of both parties.
For the unacquainted, direct contributions refer to financial contributions to the marriage, such as the payment of a matrimonial home through CPF savings. On the other hand, indirect contributions can encompass both financial and non-financial contributions, such as caring for the children and doing household chores.
Once the contributions have been established, the Court will decide on the final percentage of the assets distribution.
Similar to the previous point, the Court will take into consideration the wife’s contribution to the household before deciding on the amount that the husband should provide for the wife’s maintenance. The husband may have to provide more if the wife gains custody of the child.
Depending on each case, the judge may order the husband to provide maintenance in a fixed sum per month for a certain period of time, or in a one-time lump sum amount. There are also instances when the husband does not need to provide any maintenance to the wife. This can happen if the wife has a higher earning power than the husband, and displays high standards of living before the divorce.
You might recall the high-profile divorce of Singaporean socialite Jamie Chua, who sought a monthly maintenance of $450,000 from her husband. However, the final amount that she received was undisclosed.
Many people fail to consider the cost before filing for divorce ‒ you need to take into account the money required to hire a lawyer and pay application fees.
As a guide for you to better budget your finances, it’s important to know that a simple and uncontested divorce can cost you anywhere from $1,500 to $3,500. On the other hand, a complicated and contested divorce can range from a whopping $10,000 to $35,000.
In addition to expenses, you will need to find out if your spouse is willing to share the cost of the divorce.
As mentioned earlier, there are two types of divorce ‒ uncontested and contested. The former occurs when both parties come to an agreement on the divorce, and settle the ancillary matters before filing divorce papers.
If that isn’t the case, they will have to file for a contested divorce.
Since an uncontested divorce means that everything has been agreed upon before filing for divorce, the next step you and your spouse need to take is to prepare the necessary documents and sign them.
The required documents can be found on the official Singapore Courts website.
After submission, it will take you about 4 weeks to receive the Interim Judgement from the Family Court. A final judgment will be given 3 months from the date you obtain the Interim Judgement.
That being said, it takes a total of about 4 months to finalise an uncontested divorce.
If you are the one who initiated the lawsuit aka the plaintiff, a contested divorce begins with the submission of the Writ of Divorce to your spouse. Once your spouse receives the document, they can contest the divorce by filing a Memorandum of Appearance within 8 days, and a Defence and Counterclaim within 14 days.
Afterwards, you’ll have 14 days to reply to the counterclaim.
Once a reply has been filed, the Family Court will instruct the plaintiff to apply for the divorce case to be scheduled for a hearing. Here, you’ll be required to file the Request for Setting Down Action for Trial. The Family Court will then schedule a date for both you and your spouse to attend a Case Conference ‒ the first stage of a hearing.
At the Case Conference, a judge will analyse the submitted documents to mediate the divorce so that you and your spouse can reach an amicable agreement. The judge may also recommend that you attend marriage counselling sessions to address any issues that you and your spouse have.
Note that at this stage, matters such as the custody of children and division of matrimonial assets will not be dealt with. They will only be addressed at the next stage, which is the Ancillary Matters Hearing.
Before attending the Ancillary Matters Hearing, you’ll have to file the Affidavits of Assets and Means. This document includes declaring your assets and liabilities along with direct and indirect contributions to the marriage. You’ll also need to detail a proposal that outlines your plan of action for addressing outstanding ancillary matters.
During the Ancillary Matters Hearing, you and your spouse get the chance to state and present evidence that supports your case. You may also wish to rely on witnesses to maximise your chances of success.
Given the complexity of contested divorce, the duration of the hearing varies for everyone, and it can take from 6 months to a year before the divorce is finalised. After the divorce is granted by the judge, the Certificate of Final Judgement (Divorce) will be issued and finalised.
Those blessed with a second chance in love and wishing to remarry can do so any time as long as a judge has granted them the Certificate of Final Judgement (Divorce). Note that it is also legal to remarry your ex-spouse in Singapore.
Going through a divorce can be physically and emotionally draining, so even before you contemplate it, consider whether you truly wish to end the marriage with your spouse. For more detailed information on divorce, reach out to professional lawyers in Singapore for legal advice.
Cover: TheSmartLocal
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