The Complexity of Divorce

Divorce is a legal procedure to end a marriage as defined in the Family Law that is being practised in Singapore. Divorce is not so simple when viewed through the lens of reality. While most of the grounds for divorce are disheartening, most are reasonable enough to end the marriage. In the Singapore divorce process, matters such as child custody, division of matrimonial assets, and other concerns that seem to give weight to “separation” are settled via this process. Our family lawyers at Aspect Law Chambers LLC are very patient and understanding when it comes to giving legal assistance to our clients who want to file a divorce, whether it is a contested or uncontested divorce.

Discussing the Singapore Divorce Process

The first question to be answered is whether the Singapore Court has jurisdiction over the case before divorce proceedings can be started. Either of the parties must have a residence in Singapore (domicile) at the time divorce procedures are filed, or they must have been habitually residing here for at least three years prior to filing for divorce for the Singapore Courts to have jurisdiction to hear the case.

Stage 1 of the divorce procedure will start once the jurisdiction is established. The party seeking the divorce must first specify the grounds for the divorce. The only basis for divorce in Singapore is the marriage’s irretrievable dissolution. There are four legally accepted reasons that support the irretrievable dissolution of marriage that are discussed in this article.

When the irretrievable breakdown of marriage has been granted by the court, the divorce process will reach stage 2 which is about the ancillary matters. A divorce’s ancillary issues concern the upbringing, supervision, and custody of children, as well as their custody, support for the wife and/or kids, as well as the distribution of marital assets. In this stage, the court will collect and examine evidence to come up with a decision on the ancillary matters. When a final decision is reached, the court will rule over the divorce case.

You might occasionally hear about uncontested divorce or “simplified divorce.” In this case, both parties have consented to the divorce’s grounds and all of its ancillary issues. This can make the court proceedings faster and will save you from high divorce costs. You may want to consult a lawyer when opting for uncontested divorce so that both you and your partner can have equal and legal rights over your matrimonial assets and child custody.

Below are the grounds for divorce to prove the irretrievable breakdown of marriage:

• Adultery: When one party is proven to commit infidelity and the other party finds it unbearable to live under the same roof with the latter, the court will consider it an irretrievable breakdown of marriage. To establish the accusation for adultery, sufficient proof is needed to be presented in the court.
• Unreasonable behaviour: It may be considered a ground for divorce when one party behaves in such a way that makes it intolerable for the other party to continue living together.
• Desertion: Is when one party has abandoned the other for at least two years against the other party’s wishes and has shown no indication that he plans to return or support the deserted family.
• Separation: The parties have either consented to live apart for three years or have done so for at least four years.

Contested vs Uncontested Divorce

There are two types of divorce under the Singapore divorce process – contested and uncontested divorce. The path to court trials will vary as each has its own sets of procedures. For instance, a contested divorce is a more complex matter to deal with and therefore will take a longer time to process. Reason being if one party contests the divorce, the grounds for divorce will be tried. There will then be a need to prove to the court that the divorce is indeed necessary. On the other hand, an uncontested divorce happens when both parties agree that the divorce shall proceed. In this case, the trial will proceed with dividing the matrimonial properties and discussing the child custody along with other court orders that must be abided by by both parties.

Do note that even after the divorce stage is cleared, parties will have to move on to the ancillary matter stage.You might occasionally hear about uncontested divorce or “simplified divorce.” In this case, both parties have consented to the divorce’s grounds and all of its ancillary issues. This can make the court proceedings faster and will save you from high divorce costs. You may want to consult a lawyer when opting for uncontested divorce so that both you and your partner can have equal and legal rights over your matrimonial assets and child custody.

Divorce Cost in Singapore

One of the most common concerns among those who are planning to file for divorce will be the cost. This decision comes with a cost and at times, the cost of divorce may even hinder you from filing the legal procedure. Getting a divorce in Singapore can cost a fortune. From application to post-judgement ordeals, combined with the emotional and psychological burden may deter couples to proceed further.

We understand this dilemma here at Aspect Law Chambers LLC. Thus, in order to compensate for the divorce cost, we ensure that you get what you pay for. Apart from providing you with competitive lawyers that will represent you in court and fight for your favour, we are offering packages that can make the divorce cost manageable for you.

Talk to us today for more information regarding the divorce process.

Divorce Amidst the Global Pandemic

Although the data still shows a high percentage of divorce, in the year 2020 when the peak of the global pandemic started, the Ministry of Social and Family Development has reported a lower rate of divorce compared to the previous year. The ministry is eyeing the Covid-19 pandemic and the limits in the government agency’s mobility during the time as the reason behind the numbers. Expenses for health and daily living during the pandemic may also be a reason, couples were opting to postpone the decision due to the divorce cost.