Divorce is a significant life event that requires careful consideration and preparation, especially in Singapore where legal procedures and cultural norms play a pivotal role. Whether you’re contemplating divorce or have already initiated the process, understanding the key factors and taking proactive steps can alleviate stress and ensure a smoother transition. In this article, we delve into essential considerations and preparation tips tailored for Singaporean couples embarking on this journey, with insights that can help guide your decisions and potentially lead you to the right divorce lawyers in Singapore to assist you in this process.
Prerequisites for Getting a Divorce
To be able to get divorced in Singapore, either you or your spouse must meet the following eligibility requirements under sections 93 and 94 of the Women’s Charter:
- Be domiciled in Singapore at the point of the commencement of divorce proceedings OR habitually resident in Singapore for at least 3 years, before the commencement of divorce proceedings; AND
- Have been married for at least 3 years, unless the party filing for divorce has suffered exceptional hardship or exceptionally unreasonable and cruel behaviour
Please take note that the information above may not be applicable to you if you were married under Muslim Law.
Understanding the Legal Grounds for Divorce
The legal framework governing divorce is primarily established by the Women’s Charter, a comprehensive legislation that outlines the rights and obligations of spouses seeking to dissolve their marriage. Its significance lies not only in providing a legal avenue for divorce but also in addressing ancillary matters such as child custody, division of assets, and maintenance.
One interesting aspect of divorce law in Singapore is the emphasis on mediation and amicable resolution of disputes. The Family Justice Courts offer mediation services aimed at facilitating constructive communication between divorcing parties and achieving mutually acceptable solutions. This approach aligns with Singapore’s commitment to promoting family harmony and minimizing acrimony in the divorce process.
That said, under the Women’s Charter, the only legal ground for divorce is the irretrievable breakdown of marriage. This can be proven if a spouse committed the following:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation
In 2023, “mutual agreement” has also become a reason to claim irretrievable breakdown of marriage.
Types of Divorce Proceeding
Simplified Uncontested Divorce
This type of divorce is suitable for couples who mutually agree to end their marriage and have no disputes over matters such as child custody, division of assets, or maintenance. The process is relatively straightforward and typically involves filing a Joint Simplified Divorce Application, accompanied by an agreed-upon Parenting Plan if children are involved.
Contested Divorce
In cases where spouses cannot reach a consensus on key issues such as asset division or child custody, contested divorce proceedings may be necessary. This route involves initiating legal action through the Family Justice Courts and engaging in litigation to resolve disputes.
Financial Considerations
One of the most critical aspects of preparing for divorce is assessing and organizing your financial situation. This includes:
- Inventory of Assets and Liabilities: Compile a comprehensive list of all marital assets (property, savings, investments) and liabilities (loans, debts). This will be crucial for the division of assets process.
- Understanding Maintenance Obligations: Familiarize yourself with the legal obligations regarding spousal and child maintenance. Maintenance orders in Singapore are determined based on factors like the financial needs of the wife or child and the husband’s earning capacity.
- Budgeting for Post-Divorce: Project your post-divorce financial situation, including living expenses and support obligations. Planning can help mitigate the financial impact of divorce.
Child Custody Arrangements
Child custody in Singapore encompasses legal custody, care and control, and access. Legal custody pertains to the right to make major decisions regarding the child’s upbringing, including matters related to education, healthcare, and religion. In most cases, parents share joint legal custody, allowing them to collaborate on important decisions affecting the child’s welfare.
Care and control refer to the physical custody of the child, determining where the child will primarily reside. The parent granted care and control is responsible for the day-to-day care and upbringing of the child. While the court typically grants care and control to one parent, arrangements can be tailored to suit the child’s best interests, taking into account factors such as parental capacity and the child’s preferences.
Access, also known as visitation rights, ensures that the non-custodial parent maintains meaningful contact with the child. Access arrangements may include scheduled visitation periods, holidays, and special occasions, fostering a continued relationship between the child and both parents.
Emotional and Psychological Preparedness
Divorce not only entails legal and financial considerations but also significant emotional and psychological aspects. Engaging with a therapist or counsellor can provide support through this challenging time. Additionally, support groups for individuals going through a divorce offer a community of empathy and understanding.
Support groups like those organized by the Family Service Centres in Singapore have provided essential emotional support and practical advice to many going through a divorce, emphasizing the community’s role in healing.
Legal Representation
Selecting the right divorce lawyer is paramount. Look for experienced divorce lawyers in Singapore who not only understand the legalities but also your personal circumstances and needs. A competent lawyer can offer guidance on the most suitable type of divorce procedure for your situation, whether it be a simplified uncontested divorce or a contested one, and help navigate the complexities of the process.
Final Thoughts
Preparing for a divorce in Singapore requires careful consideration of various aspects, from legal and financial preparations to emotional support systems. By understanding the legal framework, organizing finances, seeking emotional support, choosing the right legal representation, preparing necessary documentation, and prioritizing children’s well-being, couples can navigate this challenging process more effectively. While divorce marks the end of a marital relationship, thorough preparation can pave the way for a smoother transition to the next chapter of your lives.
