Our Divorce Lawyers

Sensibly Sensitive

OUR DIVORCE LAWYERS

Our family lawyers fight for a just cause, rather than fighting just because.
Most people conflate family law with divorce. While divorce may be the mainstay of many family lawyers’ work, family law is so much more.

Our family lawyers handle adoptions, family violence, and juvenile matters, over and above divorce. Probate and administration also fall within the jurisdiction of the Family Justice Courts.

It is worth noting that since as far back as the ‘90s, the Family Justice Courts have increasingly adopted a therapeutic justice, or “lens of care” approach to family law, that is:

“All stakeholders should have the same understanding that the resolution of family disputes need not be adversarial in nature and should be solutions focused, even when litigation is required.”

In a new initiative, authorities are considering whether the Courts should take an inquisitorial approach to family law, one that involves proactively looking into the facts. Most pertinently, the aim of these reforms is to make proceedings simpler and “less acrimonious”. It is anticipated that such a move would assist litigants in person. For example, in a divorce case, the Family Justice Courts may be able to directly seek answers to questions about a party’s financial position in the near future. The authorities have also looked into additional enforcement mechanisms to ensure adherence to Court orders.

ADOPTION

Adoption is a happy matter. It is always pleasant to be welcoming a new member of the family.

At Trident Law, we seek to make the adoption process as smooth as possible in order that you can bask in the joys of raising your new child as soon and as easily as possible. We enjoy being a part of the process of bringing happiness to you and your child.

Each year, numerous adoption petitions are submitted to the Family Court. A substantial number comprise local adoptions. While many seek to adopt a child who is not related to them, the Court also considers applications to adopt relatives and stepchildren.

For all such petitions, Child Welfare Officials from the Ministry of Social and Family Development (“MSF”) carry out investigations to evaluate the potential adopter’s willingness to adopt, their capacity to support the child and assess the relationship between adopter and child.

MSF assumed the role of Court-appointed guardian from the Attorney-General’s Chambers from 1 January 2003. MSF’s Director-General of Social Welfare is in a position to grant permission to be the guardian ad litem for adoption proceedings.

To get permission from the MSF Director-General of Social Welfare to be a guardian ad litem, we can submit the relevant documents to MSF for its consideration. We can also submit the Child Welfare Officer’s affidavit to Court as soon as reasonably possible.

Potential adopters should be:

At least 30 years’ old, and if it is a couple, the younger of the two should not be over 55 years’ old;
Be of decent financial standing, with a yearly household minimum income of $32,000;
Be physically and mentally sound;
Not have over 5 children;
Be Singaporeans (though for couples adopting, applications can still proceed if one partner is Singaporean and the other is a PR, and the couple intend to stay in Singapore); and
Have no criminal past for certain crimes, including child abuse, sex crimes, violent crimes, drug use and other offences.

We work with specialised adoption agents in Singapore who are well known and renowned for their quality of service. At every step of the way, we explain to clients the court procedures and the MSF’s involvement. At Trident Law, we emphasise that the child’s welfare is prioritised above all. We also guide clients to ensure that they meet MSF’s expectations and find ways to improve their home and lifestyle to make it conducive for the child.

Adopting a child may be a most rewarding experience, but it is also a responsibility that you may take on for the rest of your life. Potential adopters should be emotionally, financially, mentally and physically prepared to look after a child.

We advise clients on what they should do first before proceeding on the application. We ensure that we guide clients through all of the relevant information on the MSF adoption website as well, to ensure that clients are thoroughly familiarised with the adoption process and requirements.

GUARDIANSHIP

Guardianship applications may be required for a variety of reasons as well. The common bases of guardianship applications, such as the Guardianship of Infants Act and the Wardship Jurisdiction of the Court, are not commonly known to the ordinary person. The Court does not always grant a guardianship application just because somebody has applied. At Trident Law, we ensure that we advise you on the legal position as well as other considerations before an application is made. We explore the most cost-effective and efficient routes to ensure that your guardianship application is processed with as reasonable a cost, and as quick a time as possible. Ultimately, we seek to prioritise both your interests as well as the child over whom a guardianship application is sought.

Divorce

It is always regrettable when a marriage ends in a divorce or if there are other matrimonial-related disputes. Often, emotions run high. Emotions – driven by disappointment, anxiety and even helplessness – do impact and negatively influence the way divorces or other matrimonial proceedings are fought.

For every family matter, we seek to achieve an effective outcome based on the needs of the family. Not every client is to be handled the same way. We understand what the client wants and needs, then ascertain the way forward. Be it a divorce, personal protection order application, maintenance dispute or other family disputes, we treat each client uniquely.

At Trident Law, we pride ourselves in being “sensibly sensitive”. Our specialists understand that a divorce can be highly stressful and needlessly expensive if not handled sensibly. Our divorce lawyers mindfully calibrate their approaches with each individual case in mind. We go above and beyond to safeguard our clients’ legal rights and those of their loved ones. Together with our clients, our divorce lawyers engage in scenario planning exercises. In doing so, our clients are guided to arrive at decisions that are in their best interests.

We chat with our clients like friends to make them feel more comfortable. Our clients are treated with compassion, and we always respect their confidentiality. We also make them feel that this is their safe space and environment so that we can have open communication.

Our family lawyers are experienced in working on every aspect of a family law matter, be it a prenuptial agreement, annulment of marriage, deed of separation, post nuptial agreement, divorce, interim child custody, maintenance, and personal protection orders. Being experienced across the range of matrimonial matters, our divorce lawyers guide our clients towards clean and clear resolutions.

Our clients feel more at ease after talking to our lawyers and staff. Comforting clients is very important as the first step, whether they engage us or not is another issue. We guide our clients and hold their hand through every step of the way for their divorce and other family litigation matters.

What is a divorce?

When you seek a divorce, you are applying to legally end your marriage. Your partner and you can apply for a divorce using the simplified track if both of you can agree to each of the following before filing court papers:

All ancillary matters with regard to the divorce, including custody, care and control of your children (and access such as visitation), maintenance (monetary support) for your partner and children, and division of property and shared assets during the marriage.
Custody refers to the parent who is given the authority to make important decisions for the child of the marriage. The parent who has custody of the child has the authority to make important decisions with regard to the child’s education, health and religion.
“Care and control” refers to the parent who stays with the child on a daily basis. The parent who has care and control of the child can make decisions on the child’s everyday life, such as meals and tuition.
“Access” may refer to the visitation rights that the parent who does not have care and control of the child is given to spend time with the child.

If both of you are unable to agree on any of the matters set out above before submitting your court papers, you would have to apply for a divorce using the normal track.

The First Step: Requirements for a Divorce – Does your marriage qualify for Divorce under Singapore Law?

If you intend to proceed with your divorce in Singapore, your partner and you have to satisfy the following conditions:

You must have been married for at least 3 years. You would be unable to file for divorce if your partner and you do not meet this requirement unless you get the permission from the court to do so. To this end, you would have to show that you have gone through extreme hardship, or your partner has been very cruel and unreasonable. It is probably best to consult a divorce lawyer to persuade the court to let you file a Writ for Divorce.

You must be a Singapore citizen or have been staying in Singapore continuously for 3 years at the time of submitting your divorce application.

You are married under civil law. If you are married under Syariah law, you apply a divorce in the Syariah Court, not the Family Justice Courts.

The Second Step: Facts of Divorce – What are the reasons for seeking a Divorce?

The Court will only grant a divorce if it is convinced that your marriage has irretrievably broken down, which is the sole ground for divorce recognised in Singapore. If you wish to file for divorce, you must prove one or more of the following facts to show that your marriage has irretrievably broken down:

Adultery. Your partner has cheated on you or has been unfaithful by having sexual intercourse with another person, and you can no longer stay with her/him. You may wish to seek a divorce as soon as you come to know of your partner cheating on you in this way. You may wish to prepare and submit evidence of such behaviour, including videos, pictures and message exchanges.
Unreasonable behaviour. Your partner has mentally or physically hurt you, or otherwise misbehaved in a way that you can no longer be reasonably expected to stay with her or him. You may wish to seek a divorce anytime after the acts that you complain of happened. You may wish to prepare and submit evidence of your partner’s acts or neglect.
Desertion. Your partner has deserted you and refuses to acknowledge that you both are married. Here, you can seek a divorce after two years from the date your partner deserted you. Evidence of the deserting partner’s wishes would be of assistance to the Court, as well as evidence that both parties are living apart.
Separation for at least 3 years (and your partner agrees to a divorce). Your partner and you have been residing separately, or staying at the same place but keeping different households, for at least 3 years.
Separation for 4 years (where your partner does not agree to a divorce). Your partner and you have been living apart for at least 4 years.
Mutual Agreement. This is a new ground which has been passed by Parliament and is intended to come into force on a date to be notified in the Gazette. Among other things, an agreement must be in writing and must state the reasons leading the parties to conclude that their marriage has irretrievably broken down, the efforts they have made to reconcile, and the consideration X and Y have given to the arrangements to be made in relation to their financial affairs and any child of the marriage.

It is worth noting that:

Even if both your partner and you agree to a divorce, you still have to establish at least one of the grounds set out above.
You cannot file for divorce relying on your own unreasonable behaviour or desertion.
Generally, separation indicates that either your partner or you have lived elsewhere, away from your matrimonial home. However, where you have stayed in the same home for financial reasons, you have to prove that you were indeed living separately under one roof, meaning that you have not: (i) had meals together; (ii) divided household chores between yourselves; (iii) shared in household expenses; and (iv) had conjugal relations. If your partner and you return to staying together for 6 months or more, you would have to resume counting the 3 or 4 year separation period all over again.

Third Step: Uncontested or Contested Divorce

Important Considerations

Before submitting an application for a divorce, you should consider the following, in view of preparing or submitting documents:

Why the marriage has irretrievably broken down (e.g. adultery, unreasonable behaviour, desertion and/or separation);
Children’s welfare (e.g. custody, care and control, and access);
Financial support for the child(ren);
Financial support for the partner (wife or incapacitated husband), whether it is no payment, a one-time payment, nominal payment or a fixed monthly payment over either a certain period or an indefinite period;
Division of property and assets from the marriage (e.g. how to manage the matrimonial home, how finances will be divided, including money in joint bank accounts, money in respective CPF accounts, and CPF money utilised for purchase of matrimonial property and its accrued interest);
Costs of the divorce (whether one party should pay or both of you should share the costs between yourselves); and
Other matters.

How to file an application for divorce

Your lawyer can prepare the necessary documents for you, based on your instructions.

“No fault” divorce refers to any divorce where the person seeking a divorce does not have to show that the partner is in the wrong. In Singapore, living separately for at least 3 years is necessary to secure a “no fault” divorce.

If you do not wish to wait (and live separately) for at least 3 years, then you would seek to prove one or more of the other grounds set out above to show the irretrievable breakdown of your marriage e.g. adultery, unreasonable behaviour and/or desertion. Your partner can dispute your writ for divorce by persuading the court that s/he is not in the wrong. S/he could also rely on other defences including:

Condoned behaviour. For example, your partner might claim that you were aware of the affair and did not take issue with it for a period of more than 6 months.
That you did not find it intolerable to live with your spouse for the reasons given or that the acts were not unreasonable in the context of your marriage.

Your partner may not challenge the reason(s) for granting the divorce itself, especially when both of you understand that you do not want to stay married and do not wish to make amends. However, your partner may dispute your claim for custody of the children or raise financial issues, such as the division of the matrimonial assets and property and the financial support that s/he may think is reasonable.

It is best to work out your differences with your partner to secure a desirable outcome for all concerned parties. Who looks after the children? How will you manage the matrimonial property and assets? To these ends you may wish to consider the assistance of an impartial third party called a mediator or seek the Family Court’s assistance as a mediator.

When you are served with Divorce papers

You would receive the Writ for Divorce along with other court documents. Please consider getting legal advice if you are not sure of what to do next, and the procedures that follow.

If you want to challenge the divorce, you should stipulate this in the Memorandum of Appearance that you receive, and file a Defence and in some cases a Counterclaim. These documents have to be filed in court and served on your partner or his/her lawyers.

Even if you do not want to challenge the divorce, you can still challenge your partner’s submissions on custody, care and control or access, financial support, division of matrimonial property and assets and costs. If your husband is the person suing for divorce, you should consider making a claim for financial support. These should be indicated on the Memorandum of Appearance and you should consult a lawyer immediately on how the Memorandum of Appearance should be completed and filed.

You are required to follow the Court procedure and deadlines. The Writ for Divorce that has been served on you will let you know what steps you have to take in time. You should consider seeking legal advice.

Uncontested Divorce – Simplified Track

Even if you and your spouse agree to a divorce, it is very tricky to draft divorce documents. Copying the phrasing of another party’s Draft Interim Judgment or Statement of Particulars is generally an extremely bad idea as it is not tailored to your situation and may result in serious adverse implications later on which can be very difficult to vary. Even lawyers find it confusing sometimes! Don’t forget, if you file a divorce yourself, you will still need to extract the Interim and Final Judgments later on. What if something crops up unexpectedly and you don’t know how to handle it?

Be safe. Consult a lawyer immediately and leave it to the professionals. A good lawyer will be able to get your divorce filed as soon as possible and get your Final Judgment in the minimum period of about 4 months provided that there is no disagreement by either party and no amendments or other directions by the Court. This will help you move on with your life quickly and with as little fuss as possible.

Contested Divorce – Normal Track

If it is a bad idea to do-it-yourself for an uncontested divorce, it is almost certainly a worse idea to do so for a contested one! Here at Trident Law, we have come across cases where some parties who represent themselves, known as litigants in person, file documents that not only do not advance their case, but instead contain disastrous admissions which favour the other party.

Don’t leave things to chance. Get a good lawyer – one you’ll find at Trident Law.

Custody, care and control of children and access

It is normal for your partner and you to argue over custody, care and control of your children. It is worth noting that the Court usually gives joint custody to both parents, unless the Judge decides that it would be more suitable to give custody to one of you.

What the Judge takes into account when deciding on custody, care and control

When determining who gets custody and/or care and control of your child, the Judge would consider the interests of your partner and you as well as your child’s interests, if your child is of an age when s/he can express a point of view. The Court would consider your child’s interests of most importance.

After considering the views of a welfare officer, the Judge might set out some requirements that the person who he gives custody and/or care and control or access of a child to has to comply with. For example, the Judge might forbid the child from being taken abroad.

Access

When one parent gets custody and/or care and control, it is normal for the other parent to get to have some time with the child on a continuous basis. Such an arrangement is referred to as “access”. While a Judge could refuse access to the other parent where it is proven that such access would not be in the child’s best interests, this does not happen often.

It is advisable for both parents to arrange for an appropriate and reasonable period for access to the child. You should both agree on when and where to meet and send the child back, and how long the meeting will last. After you both have worked out an agreement, both parents should abide by it. If both of you are unable to reach an agreement, then express your views to the Judge, who will determine the matter after hearing from both of you.

The divorce will adversely affect your child, so do try to give and take on the issue of access. The child should be able to benefit from the care of both parents. The Family Court can advise you of counselling and mediation sessions.

Bringing your child abroad

If any person expresses that s/he will take your child abroad without your permission, and this concerns you, you can seek an order from the Court to stop that person from doing so. If s/he breaches the Court order, s/he could be convicted for contempt and could be fined or imprisoned if you child can be located.

Maintenance (Financial support)

When you are in the midst of divorce proceedings, you may ask the Court to decide on the amount of financial support to be given.

When determining this issue, the Court will consider your financial situation, including:

Your own necessities and those of your children;
Your ability to earn and other financial means;
Your partner’s salary and ability to earn and other financial means;
Any mental or physical challenges that either of you face;
Any other persons who may rely on either of you for support, or other financial considerations;
The family’s lifestyle and/or living conditions before problems arose during your marriage, where this application is part of the dispute before the Court.

To seek a Maintenance Order, you would have to file a Complaint with the Family Court, setting out your partner’s salary, the number of children you have, the amount of maintenance that you are seeking and how your partner has failed in giving financial support to your children or you.

The Court may order a Summons to be delivered to your partner and set a date for a mediation session to see whether your partner and you can agree on the amount. If both of you cannot agree on this, a date will be fixed for trial.

At the trial, the Court will hear from both of you and then issue a Maintenance Order. Either party who is dissatisfied with the Maintenance Order can appeal. Likewise, if either party’s financial situation changes after the Maintenance Order is given, the parties can return to Court to adjust or modify the amount of financial support.

Child Maintenance

Both parents are obliged to support their child. The person who has custody, care and control of the child can seek an order for maintenance, if at all.

If a Maintenance Order is needed immediately, a party can apply to the Family Court for one without awaiting the start or end of divorce proceedings.

The Judge may direct either or both of you to pay financial support for your child.

The Judge’s assessment on the amount of maintenance your child should get turns on several considerations. The Judge will take into account the essential things that your child should have, including accommodation, food, education and other costs. Any physical or mental affliction that your child suffers from might also be considered.

Duration of custody or maintenance. Generally an order for custody or child maintenance will lapse after your child turns 21 (for custody), or when your child can support herself or himself financially (maintenance). Now and then the Judge can require that maintenance be paid over a certain period, even after your child turns 21 e.g. when s/he completes higher education. But if your child has any physical or mental affliction, the order for custody, care, control/access of maintenance can go on till s/he recuperates even after 21 years of age.

Variation of Custody or Maintenance Order. You can apply to Court to change or cancel the Custody or Maintenance Order for the best of your child. You can submit such an application if circumstances are very different since the order, such as if either parent gets a substantial raise in income, a change in well-being, or either parent getting married again.

Settlement for Custody or Maintenance. You may reach an agreement for custody, care and control/access or financial support, but the Judge can amend or revise the agreement in the best interests of your child.

Maintenance for Wife

Our law only allows maintenance for wives and children. If you are going through a divorce and fail to seek maintenance in the midst of your divorce proceedings, or if your request for maintenance has been rejected by the Court at the end of such proceedings, you will not be permitted to apply for maintenance.

Maintenance turns on a number of considerations. For starters, the Judge would take into account both parties’ financial status and ability to earn. In addition, the Judge would factor in the lifestyle and/or living conditions that both parties had experienced while they were married. The Judge would attempt to enable you to have the same lifestyle as you would have experienced had the marriage continued.

Making Changes or Cancelling the Maintenance Order

Either party can seek the Court’s permission to change or cancel the Maintenance Order if the situation is no longer the same since the Maintenance Order was granted.

Maintenance Arrears

If the husband has declined or forgotten to pay the wife the maintenance as directed by the Judge, the wife can seek to get the arrears by submitting an enforcement application to the Family Court. To this end, the wife may wish to seek legal advice. The wife can only claim maintenance arrears up to 3 years before she submits the enforcement application. Beyond that, the wife cannot recover more.

Enforcement Order

The Judge can fine or even sentence the husband or ex-husband to up to 1 month’s imprisonment for every month that he owing such money.

You may lodge a complaint with the Family Justice Courts. The Complaint has to be in English. If you need someone to translate, you can ask for one at the Family Justice Courts. You might be told to go with the Process Server (a Court Officer) to serve the Summons on your husband. You may wish to figure out when and where your husband is before submitting your Complaint, which would make it easier to serve the Summons.

Attachment Order

The Judge may also require that the maintenance is paid by the husband’s employer from his income if he has a stable job and has not been paying in time. You may wish to have such details as the name and address of your husband’s employer if the Court needs such information.

When to request for maintenance

As a wife, you need not be going through a divorce to ask for maintenance. So long as you are legally married, you can ask for maintenance from your partner during your marriage or while you are in the midst of divorce proceedings.

Property and Assets from the Marriage

In determining how to divide the property and assets from the marriage, the Court will take into account, amongst others, the following considerations:

Your respective monetary and non-monetary contributions to securing property and assets;
Any debts either of you incurred for your collective enjoyment of property and assets; and
The children’s interests and necessities.

DISCLAIMER

As mentioned, the information above is not intended to be legal advice, but is meant to give you some understanding of Family Law in Singapore generally. Hence, you should not see the information contained here as a comprehensive guide. Trident Law Corporation excludes liability for loss suffered by any person resulting in any way from the use of, or reliance on, this information.

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Our Divorce Lawyers