Divorce can bring significant financial adjustments, especially when children and financial dependency are involved. In Singapore, financial support after a divorce primarily takes the form of alimony, also known as spousal maintenance, and child support. These provisions are governed by the Women’s Charter, which outlines the rights and responsibilities of both parties in ensuring financial stability post-divorce. Courts assess various factors before determining the financial obligations, ensuring a fair and just arrangement that aligns with legal standards.
Alimony: Spousal Maintenance
Spousal maintenance serves as financial assistance provided by one party, typically the former husband, to the other, ensuring that the recipient is able to meet their reasonable expenses. This support is not automatic and is determined based on factors such as the length of the marriage, the financial standing of both parties, and the contributions—both financial and non-financial—made during the marriage.
A key principle in deciding alimony is ensuring that the recipient, often the wife, is not left in financial hardship following the divorce. The courts consider employment prospects, health conditions, and the standard of living established during the marriage. While lifetime maintenance is less common in modern cases, the court may grant temporary or rehabilitative maintenance to allow the recipient to regain financial independence.
Factors Influencing Spousal Maintenance
The court examines a range of factors when determining the amount and duration of alimony. The financial needs of the recipient play a crucial role, including housing, daily expenses, and medical costs. On the other hand, the paying spouse’s ability to provide support without suffering undue financial strain is equally important. The length of the marriage often influences whether alimony is granted for a limited period or a more extended duration. Longer marriages, especially where one spouse has been financially dependent, may warrant higher maintenance.
Contributions made by both spouses during the marriage are also carefully considered. If one party sacrificed career advancement to manage household responsibilities or raise children, this is taken into account. Additionally, any pre-existing agreements, such as prenuptial arrangements or settlements agreed upon during divorce mediation, can impact the final decision.
Child Support Obligations in Singapore
Beyond spousal maintenance, child support remains a critical obligation after divorce. The responsibility to provide financial support for children applies to both parents, regardless of custody arrangements. Singapore’s legal framework prioritises the well-being of the child, ensuring that essential needs such as education, healthcare, and daily living expenses are met.
Child support calculations take into account the child’s standard of living before the divorce, aiming to provide a stable and secure environment despite the change in family structure. Courts consider the financial means of both parents, the specific needs of the child, and any special circumstances, such as medical conditions or educational requirements.
Determining Child Maintenance Amounts
While there is no fixed formula for calculating child maintenance, the courts assess the reasonable needs of the child alongside the financial capabilities of both parents. The parent with primary custody often incurs more day-to-day expenses, but both parents remain legally responsible for contributing to their child’s upkeep.
Failure to comply with child maintenance orders can result in legal consequences. Courts have the authority to enforce payment through salary deductions, fines, or even imprisonment in cases of persistent non-compliance. The legal system in Singapore prioritises the child’s best interests, ensuring that financial obligations are fulfilled.
Modifications and Enforcement of Maintenance Orders
Financial circumstances can change over time, affecting the ability to pay or the necessity for increased support. Either party can apply for modifications to existing maintenance orders if they can demonstrate a significant change in circumstances. For instance, loss of employment, health complications, or a substantial increase in the recipient’s financial resources may justify adjustments.
The courts assess these applications carefully, ensuring that any modifications align with fairness and necessity. Enforcement measures exist to ensure compliance, and individuals who fail to meet their obligations may face legal repercussions.
Seeking Legal Assistance for Financial Support Matters
Navigating financial support after divorce can be complex, particularly when disputes arise over the adequacy of alimony or child support. Seeking legal guidance can provide clarity on rights and obligations, ensuring that agreements are fair and enforceable. Mediation and negotiation often play a significant role in resolving disputes amicably, reducing the need for lengthy court battles.
Understanding the legal framework surrounding financial support post-divorce helps individuals plan for a stable future. With clear legal guidelines and structured financial arrangements, those affected by divorce can work towards financial security while ensuring the well-being of any children involved.
Ending a marriage is never an easy decision, and the legal process can seem overwhelming. In Singapore, divorce is governed by specific laws that outline the requirements, procedures, and consequences for both parties involved. Understanding these legal steps is essential to ensuring a smooth transition through this challenging time. From eligibility criteria to filing procedures and court hearings, knowing what to expect can help individuals prepare themselves emotionally and financially. This guide provides a comprehensive high-level overview of the divorce process in Singapore, detailing the noteworthy aspects of each step in such a process.
Legal Grounds for Divorce in Singapore
Divorce in Singapore falls under the Women’s Charter, which sets out the legal framework for dissolving a marriage. To file for divorce, a couple must be legally married for at least three years, except in cases of extreme hardship or exceptional circumstances.
The primary requirement for divorce is proving that the marriage has irretrievably broken down. This is established through one or more legally recognised grounds.
Adultery is one of the most common reasons cited. If one spouse has committed adultery and the other finds it intolerable to live together, this can be used as a basis for divorce. Proving of adultery requires strong evidence, such as a private investigator’s report.
Another reason is unreasonable behaviour, which includes actions such as abuse, neglect, or any conduct that makes it unreasonable for one spouse to continue living with the other.
Desertion is another legally accepted reason for divorce. If one spouse has abandoned the other for a continuous period of at least two years, the abandoned spouse may use this as grounds for divorce. Additionally, separation for at least three years with mutual consent is a valid reason. If both spouses have lived apart for three years and agree to the divorce, they may file based on mutual agreement. If one spouse refuses to agree to the divorce, the other can still proceed after proving that they have lived separately for four years.
The final ground for divorce in Singapore is mutual agreement. If both spouses mutually agree that their marriage has irretrievably broken down and there is no possibility of reconciliation, they may apply for a divorce together. Broadly speaking, this is the least contentious and most amicable way to end a marriage as both parties acknowledge the relationship has come to an end. A mutually agreed divorce often also leads to smoother negotiations regarding financial settlements, child custody, and asset division, reducing the emotional and financial burden on both individuals.
The Divorce Process in Singapore
The divorce process consists of two main stages: the dissolution of marriage and the ancillary matters stage, where financial and custody issues are addressed.
Filing for Divorce
The spouse initiating the divorce, known as the plaintiff, must file a Writ for Divorce along with several supporting documents. These include a Statement of Claim detailing the grounds for divorce and a Statement of Particulars outlining specific facts supporting the claim. If the couple has children under 21, a Proposed Parenting Plan must also be submitted. If a HDB flat is involved, submission of a Matrimonial Property Plan is required. These documents must be filed with the Family Justice Courts and served to the other spouse, known as the defendant. The defendant has eight days to respond, either by agreeing to the divorce, contesting it, or filing a counterclaim.
Uncontested vs. Contested Divorce
If both parties agree on the grounds for divorce and ancillary matters such as child custody, division of assets, and maintenance, the case is considered uncontested. This significantly shortens the process, and a judge can grant an Interim Judgment within a few months. However, if one party disputes any aspect of the divorce, it becomes a contested case. This requires both parties to submit evidence and attend court hearings, which can prolong the process for several months or even years.
Ancillary Matters
Once the court grants an Interim Judgment, the next stage involves resolving issues related to children, finances, and property division. Child custody is a major consideration, as Singaporean courts prioritise the welfare of children. Custody arrangements determine who has decision-making authority over major aspects of the child’s life, while care and control dictate who the child lives with on a daily basis.
The division of matrimonial assets is another key aspect of divorce proceedings. The court ensures a fair distribution of assets such as property, savings, and investments, considering factors like financial contributions, non-financial contributions, and the needs of both parties. Additionally, the court may order one spouse to provide financial support to the other, particularly if one party has a lower earning capacity. Child maintenance is mandatory and must be determined based on the child’s needs.
How Long Does the Divorce Process Take?
The duration of a divorce depends on whether it is uncontested or contested. In an uncontested case, the entire process may take four to six months, with the Interim Judgment granted relatively quickly. The Final Judgment can be obtained after three months upon receipt of the Interim Judgment, officially ending the marriage.
Contested divorces, however, may take significantly longer. If disagreements persist over the grounds for divorce or ancillary matters, the case could be extended for more than a year, requiring multiple court sessions and mediation attempts.
Costs Involved in Filing for Divorce
Legal fees vary depending on whether the divorce is contested or uncontested. For an uncontested divorce, legal costs typically range from SGD 1,500 to SGD 3,500. Contested divorces are more expensive, potentially exceeding SGD 10,000, depending on the complexity of the case and the number of court hearings required.
Additional costs may include court filing fees, private investigator fees if required, mediation costs, and where necessary, psychological or child assessment reports for custody matters. These expenses can add up quickly, making it important for individuals to assess their financial situation before initiating divorce proceedings.
Mediation and Alternative Dispute Resolution
The Singapore legal system encourages mediation as a manner of resolving disputes amicably. Mediation allows couples to negotiate terms regarding child custody, asset division, and maintenance outside of court, reducing legal costs and emotional strain. The Family Justice Courts provide mandatory mediation sessions for cases involving children, aiming to prioritise their well-being and minimise conflict. By participating in mediation, couples can avoid lengthy court battles and work toward mutually acceptable solutions.
What Happens After the Divorce?
Once the Final Judgment is issued, both parties are legally divorced and free to remarry. However, practical matters such as updating legal documents, financial accounts, and housing arrangements should be addressed promptly. If children are involved, co-parenting responsibilities must be carefully managed to ensure minimal disruption to their lives. Effective communication and cooperation between both parents play a crucial role in maintaining stability for the children post-divorce.
Conclusion
Filing for divorce in Singapore involves several legal steps, from proving that the marriage has broken down irretrievably to addressing financial and custody matters. Whether the divorce is uncontested or contested, understanding the procedures and seeking legal guidance can make the process more manageable. Mediation and amicable settlements can help reduce stress and expenses, allowing both parties to move forward with clarity. For those considering divorce, consulting a family lawyer can provide crucial insights tailored to their specific situation.
Family inheritance is a sensitive matter. At a time when you are still grieving the loss of a loved one, quibbling and quarrelling about who gets what is not something one would wish to engage in. While pop culture and media are obsessed with large family fortunes – just look at the hit movie Knives Out and the media’s interest in the vast fortune of late Casino King Stanley Ho, the reality is that large family fortunes often leads to ugly inheritance disputes, even if where there is a Will clearly stating who gets what.
At the center of most inheritance disputes is the Executor of deceased’s estate (where the deceased had executed a Will). The Executor is the only person that is legally entitled to carry out the terms of the Will, including the distribution of the deceased’s assets, and is thus the all-important “gateway” to Beneficiaries (persons entitled to share of the deceased’s estate) getting their share of the inheritance.
Given the Executor’s role, it is natural for Beneficiaries to look to the Executor for updates and accountability on the state and administration of the deceased’s estate. However, in our experience, not all Executors are cooperative and transparent in their decision-making, and often may either give no answers or unsatisfactory answers to the Beneficiaries. The Singapore Court of Appeal case of UVJ and others v UVH and others and another appeal [2020] SGCA 49 (“UVJ”) is a good example. The case revealed that the executor Brothers of their late father’s estate did not inform and did not distribute to their Sisters their share of the inheritance for 19 years.
In this article, we discuss the Beneficiary’s right to the accounts of the estate managed by Executor. If you are a Beneficiary currently facing difficulties with your Executor, this may be a powerful tool in obtaining answers and accountability from your Executor.
Beneficiary’s Right to Accounts
At law, Executors have a special relationship to Beneficiaries under a Will, known as a fiduciary relationship. What this means is that an Executor owes duties to you as a Beneficiary, to act in your best interest when administering the deceased’s estate. Practically speaking, this means the Executor should inform you of what you are entitled to under the Will and distribute your share of the deceased’s assets in a timely manner.
As to what a “timely manner” means, this really depends on the facts and whether the Executor has a good reason for the delay. In UVJ, the Brothers told the Court that they did not distribute the Sisters’ share to them because of oversight. The Court did not buy this excuse and added that the Brothers could have taken legal advice on this. Given that the costs of obtaining legal advice can be covered by the deceased’s estate i.e. not using the Executor’s own money, there is really no reason why an Executor should not obtain legal advice if he or she is unsure about how to administer the estate – see Section 57(4) of the Probate and Administration Act.
The Executor must also keep proper accounts of the administration of the estate. Crucially, if asked by a Beneficiary for these accounts, an Executor is obligated at law to furnish such accounts. The accounts are required to show the monies and assets received by the Executor and how he or she had dealt with them.
Thus, as a first step, a Beneficiary should always request to see the accounts from the Executor if there is suspicion that the estate is not administered properly.
Court Process of Taking of Accounts
If the Executor is not cooperative, or if you are unsatisfied after reviewing the accounts (because of lack of detail, suspicious entries, etc.), you can apply to Court for a process called the Taking of Accounts. As a Beneficiary, you are entitled to this process as of right, and you do not have to first show that the Executor acted improperly. This is useful if you are unsure if there was indeed anything wrong in the accounts. (Do note that, as with any Court process, the Court may still decline granting the Taking of Accounts even though it is your right, for example, if it would be oppressive to the Executor to do so).
The Taking of Accounts may then reveal discrepancies in the account. At that stage, you may seek a further inquiry or account on what happened to the assets or monies. If there is evidence that the Executor acted improperly, you can then pursue certain remedies depending on what the Executor had done i.e. made an unauthorised payment or investment, profited himself at the expense of the estate etc, and have that money paid back to the estate. As with any case, whether the Executor had acted improperly really depends on the facts. If you would like legal advice on this, please feel free to reach out to us at the contact details below.
In certain circumstances, as was the case in UVJ, the Taking of Accounts may reveal serious misconduct and improper administration of the estate by the Executor and result in his or her removal. This may just be the best outcome given that a more impartial and objective party can step in to ensure a timely and proper distribution of the assets (for example, a professional executor or a lawyer). The executor Brothers in UVJ were removed as the Court found that they intentionally failed to inform and distribute to the Sisters their share of the estate and tried to cover up their improper administration of the estate.
What Next?
In family inheritance matters, it is common for the Executor to be a family member of the deceased. We know that family dynamics can be tricky, and where the Executor appointed is a family member you do not get along with, the proper administration of the deceased’s estate can be a frustrating process. While no one wishes to be seen as being overly concerned with money or suspicious of a family member for no rhyme or reason, we see from UVJ that not asking relevant questions can lead to 19 years of improper administration of the deceased’s estate.
At the end of day, if you have a good relationship and a cooperative Executor, there is no need to resort to a formal demand for an account or take up a Court action. However, knowing what your rights are is crucial and important should things subsequently become complicated.
We know that dealing with these problems while still grieving the loss of a loved one can be painful. Adding to that, the complexity of family dynamics can make the whole process frustrating and lead to further breakdown of family relationships. As experienced inheritance dispute lawyers, we are well-versed with the sensitivities involved, and based on your needs and objectives, will tailor our advice and strategies to achieve the best outcome for you in the least painful manner.
If you would like to discuss any of these further, please do get in touch with us.
Divorce is a significant life event that can be both emotionally and legally complex. In Singapore, the divorce process follows a structured legal framework, making it crucial to engage the right attorney or lawyer to guide you through it. Whether navigating property division, child custody, or spousal support, professional legal support ensures your rights and interests are safeguarded during this challenging time.
Divorce Laws in Singapore
Singapore’s divorce process is governed by the Women’s Charter1961, which applies to civil marriages. Under this law, specific requirements must be met to initiate a divorce, including proving that the marriage has irretrievably broken down. Understanding these legal principles is essential when choosing a lawyer to guide you through the process. To learn more about the legal grounds and procedures, read our comprehensive divorce guide here. If you’re facing a situation where you and your spouse cannot agree on the terms of the divorce, learn more about contested divorce here.
Assessing Your Legal Needs
Before approaching a divorce lawyer, it is essential to evaluate your situation and determine the level of legal support you require. Factors such as the complexity of your case, the presence of children, and the division of assets will influence the type of attorney you should hire.
For straightforward, uncontested divorces, you may need a lawyer experienced in mediation and settlement agreements. Conversely, contested divorces with significant disputes may require a litigator with extensive courtroom experience.
Our team is well-versed in handling both types of cases—whether you need a skilled negotiator or a seasoned litigator.
Jacqueline Chua (+65 6790 0518) [email protected] Managing Director of Jacque Law
Represented the wife in a divorce with over S$30 million in matrimonial assets.
Collaborated with American attorneys to draft and negotiate a prenuptial agreement for the wife-to-be, involving cross-jurisdictional issues and over S$1 billion in assets.
Represented a co-donee to successfully revoke her sibling’s (co-donee) property and affairs powers
Click here to browse our lawyer list and their extensive experience.
How to Choose A Divorce Lawyer & Attorneys In Singapore?
Experience in Family Law
Experience in family law is critical when navigating sensitive and complex legal issues such as divorce, child custody, spousal maintenance, and asset division. A skilled family lawyer brings a deep understanding of the legal framework, including the Women’s Charter and relevant court procedures, ensuring your case is handled efficiently and professionally.
Their expertise extends beyond technical knowledge, offering compassionate guidance and tailored strategies to resolve disputes amicably or represent you assertively in contested matters.
Jacque Law has proudly been recognized as one of Singapore’s Best Family Law Firms in 2024 by The Straits Time, reflecting our dedication to excellence in family law practice.
This prestigious ranking highlights our commitment to providing top-tier legal advice and representation, addressing complex matters such as divorce, child custody, prenuptial agreements, and asset division with professionalism and care.
Compatibility and Empathy
Compatibility and empathy are vital when working with a family lawyer, as the relationship often involves deeply personal and sensitive issues. A good lawyer should understand your unique circumstances, show genuine concern for your well-being, and approach your case with sensitivity. Compatibility ensures a smoother working relationship, while empathy allows the lawyer to advocate for your needs effectively, helping you feel supported and understood throughout the legal process.
Communication and Accessibility
Effective communication and accessibility are key qualities of a dependable family lawyer. A lawyer should not only provide clear, concise advice but also keep you informed about your case’s progress at every stage. Accessibility ensures that your concerns are addressed promptly, offering peace of mind during what is often a stressful time. A lawyer who prioritizes open communication fosters trust and ensures that you remain an active participant in the decision-making process, guiding you confidently through legal challenges.
Cost Considerations
Legal fees for divorce cases in Singapore can vary significantly based on the lawyer’s expertise, the complexity of the case, and whether the divorce is contested or uncontested. It’s essential to request a detailed breakdown of costs, including consultation charges, retainer fees, and any additional expenses, before hiring a lawyer.
While some law firms offer fixed-fee packages for uncontested divorces, these packages may sometimes include hidden fees or exclude essential services. To avoid surprises, it’s best to consult a lawyer directly, discuss your specific needs, and agree on a clear pricing arrangement upfront. For contested divorces, where costs can escalate due to court proceedings and extended negotiations, understanding the billing structure is even more critical.
While affordability is important, it’s equally crucial not to compromise on quality when selecting a lawyer. Opting for the cheapest option may lead to inadequate representation or unforeseen complications, which can ultimately cost you more in the long run. Always prioritize the lawyer’s expertise and track record to ensure they deliver the value and results you need for a successful resolution.
Initial Consultation: What to Expect
Many divorce lawyers offer an initial consultation to discuss your case and outline potential strategies. This meeting is an opportunity to assess whether the lawyer is a good fit for your needs. During the consultation, be prepared to provide a detailed account of your situation, including financial details and any existing agreements with your spouse.
Pay attention to how the lawyer communicates with you. A good attorney should listen attentively, answer your questions clearly, and provide realistic expectations about the legal process. Transparency regarding fees is also important to ensure there are no surprises later in the process.
Mediation vs. Litigation
Mediation and litigation are two primary approaches to resolving divorce disputes. Many lawyers in Singapore encourage mediation as a first step, as it is often faster, less expensive, and less adversarial than going to court. A skilled lawyer can guide you through mediation while protecting your interests and ensuring that any agreements comply with legal requirements.
If mediation fails, litigation may be necessary. In this scenario, the lawyer’s courtroom experience becomes critical. A strong litigator can present your case persuasively, counter opposing arguments, and advocate for your rights effectively in court.
Post-Divorce Matters
Even after the divorce is finalized, legal matters such as child custody modifications, enforcement of maintenance orders, or disputes over property settlements may arise. Choosing a lawyer who offers comprehensive post-divorce support can provide peace of mind, ensuring that your rights continue to be protected.
Conclusion
Choosing the right divorce attorney in Singapore is crucial to ensuring a fair and favorable outcome for your case. To make an informed decision, it’s important to understand the legal framework, identify your specific needs, and evaluate lawyers based on their expertise, reputation, and communication abilities. An experienced and empathetic lawyer will not only advocate for your interests but also offer valuable guidance and support, helping you navigate this difficult period with confidence and clarity.
In Singapore, a contested divorce is governed by the Women’s Charter 1961 and heard on the Family Justice Courts’ normal track. Under section 95, the court grants a divorce only if the marriage has irretrievably broken down. The courts indicate that a normal track divorce may take 12 to 18 months. The outcome depends on your specific facts, so please consult a qualified lawyer.
A contested, or disputed, divorce is one where you and your spouse have not agreed, before filing, that the marriage should end. The case then runs in two stages: first the court decides whether to grant the divorce, then it decides the ancillary matters, meaning the children, maintenance and the division of matrimonial assets. This guide follows the Family Justice (General) Rules 2024, which apply to divorce applications filed on or after 15 October 2024. If you both agree to the divorce before filing, you can use the simplified track instead, even if some ancillary matters are still disputed; see our uncontested divorce guide.
What makes a divorce contested in Singapore
Once the application is served, what your spouse files shows which parts of the case are contested.
Situation
What the respondent files
How the case proceeds
Your spouse objects to the divorce itself
A notice to contest within 14 days of service, and a reply (with any cross-application) within 28 days
Contested divorce hearing, then the ancillary matters
Your spouse accepts the divorce but not your ancillary claims
A notice to contest stating which ancillary claims they object to; no reply is needed
Uncontested divorce hearing, then contested ancillary matters
Your spouse does not respond in time
Nothing
The court can hear the case on an uncontested basis and grant the divorce in the respondent’s absence
To divorce without your spouse’s agreement, you must prove one of the facts in section 95A(1) of the Women’s Charter that do not depend on consent: adultery, unreasonable behaviour, two years’ desertion or four years’ living apart. Our divorce process guide explains all six.
Can you defend a divorce in Singapore?
Yes. Under section 95(2) of the Women’s Charter, the court grants a divorce only if it is satisfied that:
the marriage has irretrievably broken down;
where the applicant relies on adultery, behaviour or desertion, they are not relying on their own adultery, behaviour or desertion; and
it is just and reasonable to grant the divorce, having regard to the conduct of the parties and how a divorce would affect them and any child of the marriage.
If the court is not satisfied on these points, it must dismiss the application (section 95(3)). A respondent who wants to stay married can therefore challenge the facts relied on, whether the marriage has broken down, or whether a divorce would be just and reasonable.
Disagreeing with how your spouse describes events is not the same as opposing the divorce. Decide early which of the two you want, because contesting the particulars adds cost without changing the outcome. If your spouse will not respond at all, see what happens if your spouse refuses to sign the divorce papers.
How to file a contested divorce in Singapore: the normal track step by step
Step 1: Check that you can file
You must have been married for at least three years, unless the court gives permission on the ground of exceptional hardship or exceptional depravity (section 94). If you have a child under 21, you must complete the Mandatory Co-Parenting Programme before filing (section 94A); a respondent who files a cross-application must complete it too.
Step 2: File and serve the Originating Application
The applicant files an Originating Application for Divorce (Form 2A, Family Justice Courts Practice Directions 2024) with a Notice of Proceedings (Form 71A). The application sets out the facts relied on and the ancillary orders sought. The sealed application is then served on your spouse, normally by personal service. If your spouse cannot be found, you can ask the court for permission to serve by another method or to dispense with service.
Step 3: Notice to contest, reply and cross-application
A respondent who wants to contest files and serves a notice to contest (Form 4) within 14 days after being served, stating whether they object to the application or the facts relied on, and which ancillary claims they want to be heard on. Within 28 days after service, a respondent who disputes any allegation files a reply (Form 5). A respondent who also wants a divorce, but on different facts, files a cross-application within the same 28 days.
Step 4: Joint Triage Checklist and case conference
Both parties complete a Joint Triage Checklist, an online questionnaire about the family’s situation. For a contested divorce, the court then holds a case conference to check that the documents are in order and prepare for the hearing. It may refer you to mediation and counselling at this stage.
Step 5: Affidavits and request for a hearing date
When the case is ready, the applicant files a request for a trial or hearing date (Form 6). Each party files an affidavit of evidence-in-chief, and one for each witness. If the applicant does not file the request in time, the respondent may do so.
Step 6: The contested divorce hearing
Both parties and their lawyers attend. You give evidence and can be cross-examined, and so can your witnesses. The hearing takes one day or more, depending on the number of witnesses and the issues. Family proceedings are heard in private (section 10, Family Justice Act 2014). If the court finds that the marriage has irretrievably broken down, it grants an Interim Judgment, and the case moves to the ancillary matters.
Mediation and counselling
If you have a child under 21, the court will direct both of you to mediation and counselling at the Family Dispute Resolution (FDR) Division of the Family Justice Courts. In other cases, the court may refer you, and either of you can ask for mediation at any stage. According to the courts:
there is no fee for FDR mediation;
what is said in mediation is confidential and cannot be used as evidence at a hearing;
the judge who hears your case will not be your mediator;
mediation can cover the divorce, the children, maintenance and the division of assets; and
any agreement reached can be recorded as a court order.
Every issue settled at mediation is one less issue that needs affidavits and a hearing.
The second stage: contested ancillary matters
Case conference
The court sends a Registrar’s Notice for the first ancillary matters case conference, generally within one month after Interim Judgment. It will ask which issues are disputed, the value of the asset pool and whether the issues about the children are contentious. Where the value of assets is disputed, it may refer the parties to the Panel of Financial Experts for a neutral valuation. If you settle, the court directs you to file a draft ancillary reliefs order (Form 8).
Affidavits and disclosure
If the issues do not settle, each party files a First Ancillary Affidavit (Form 15) setting out their finances and position, with supporting documents. The courts’ list includes:
payslips for the past six months and your employment contract;
tax assessments for the past three years;
bank statements for the past three months;
CPF statements, including housing withdrawals;
mortgage statements and property valuations;
insurance policies with surrender values;
ACRA searches for businesses and shareholdings; and
evidence of your and the children’s monthly expenses.
Either party may then file a Second Ancillary Affidavit within 28 days. If your spouse has not produced relevant documents, you can apply for disclosure (Form 84). The duty to disclose continues throughout the case, and a party who fails to disclose can face adverse inferences, the striking out of claims or, for breaching a disclosure order, contempt proceedings. If you suspect assets are being hidden, see our guide on uncovering a spouse’s hidden assets.
Before the hearing, each party files a binding summary of their position (Form 17).
The ancillary matters hearing
The court decides each unresolved issue under the Women’s Charter:
Children: custody, care and control and access, with the child’s welfare as the paramount consideration (sections 124 and 125). See child custody in Singapore.
Matrimonial assets: divided in the proportions the court considers just and equitable (section 112). See our guide to the division of matrimonial assets.
Maintenance: for a wife or incapacitated husband (sections 113 and 114) and for the children (section 127). See child and spousal maintenance.
Where a party asserts that the matrimonial assets are worth S$5 million or more, the case will generally be transferred to the Family Division of the High Court (Family Justice Courts Practice Directions 2024, paragraph 80(1)(i)).
Final Judgment and appeals
Interim Judgment does not end the marriage. The party who obtained it can apply for Final Judgment once all of the following apply (rule 10, Part 2, Family Justice (General) Rules 2024):
at least three months have passed since Interim Judgment;
the time to appeal against Interim Judgment has passed and no appeal is pending;
the hearing of all ancillary claims has concluded; and
the application is made within three months after the last ancillary hearing or one year after Interim Judgment, whichever is later. After that, the court’s permission is needed.
The fee to extract the Final Judgment is $14 (as at September 2026).
If you disagree with the ancillary orders, you can appeal to the Family Division of the High Court. The Notice of Appeal must be filed and served within 14 days of the orders, with $3,000 as security for costs (as at September 2026).
How long and how much
The Family Justice Courts indicate that a normal track divorce may take 12 to 18 months. The time between the fixed deadlines above depends on court directions, how quickly each side files, and how many issues settle.
Court fees (as at September 2026):
Item
Court fee
Originating Application
$56, plus $7 each for claims on minor children and on an HDB flat
Notice to contest or reply
$7 each
Cross-application or request for a hearing date
$63 each
Affidavits
$0.70 per page, minimum $7
Extracting the Final Judgment
$14
FDR mediation
No fee
Legal fees depend on how many affidavits, applications and hearings the case needs. The Family Justice Courts describe the normal track as much more expensive than the simplified track. You do not need a lawyer to file or defend a divorce, but in a contested case the outcome turns on the evidence and how it is presented. If you would like to discuss your position, our contested divorce lawyers can advise in confidence.
Practical steps
Keep records as you go. Bank statements, messages about the children and dated notes of significant events are easier to rely on than accounts reconstructed later.
Keep the children out of the dispute. The court decides their arrangements on the basis of their welfare. See our article on parental alienation.
Get support outside the legal process. Counselling, family and friends can help in ways a court cannot. See divorce and mental health.
Frequently asked questions
Can a contested divorce become uncontested?
Yes. A respondent can withdraw a notice to contest with the court’s permission. If the ancillary matters are settled at mediation or a case conference, the agreed terms are filed as a draft ancillary reliefs order instead of going to a contested hearing.
Will my spouse’s bad behaviour increase my share of the assets?
Conduct is not one of the factors the court must consider when dividing matrimonial assets under section 112(2). It looks at contributions, the children’s needs and the other listed factors. Conduct is relevant to spousal maintenance (section 114(2)).
What if my spouse hides financial documents?
You can apply for disclosure. The court can draw an adverse inference against a party who does not disclose, strike out their claims, and punish a breach of a disclosure order as contempt.
Will my divorce be heard in public?
No. Family proceedings are heard in private under section 10 of the Family Justice Act 2014. You will still give evidence in front of the judge at a contested hearing.
If you are Muslim, the Administration of Muslim Law Act (AMLA) and the Syariah Court apply. This article covers civil divorce under the Women’s Charter only.
This article is for general information only and does not constitute legal advice. Please consult a qualified lawyer for advice on your specific situation.
In Singapore, divorce is governed by the Women’s Charter 1961. Under s 95, the sole ground is that the marriage has broken down irretrievably, which you prove by relying on one of six facts. The application is filed in the Family Justice Courts on either a simplified or a normal track. The outcome depends on your specific facts, so please consult a qualified lawyer.
A divorce in Singapore is a two-stage court process, not a single hearing. The first stage ends the marriage. The second stage decides the ancillary matters: the children, maintenance and the division of matrimonial assets. Knowing which stage you are in, and which track your case is on, is the key to understanding how long it will take and what it will cost.
This guide sets out the process as it currently stands under the Family Justice (General) Rules 2024, which apply to filings commenced on or after 15 October 2024.
Who can apply for a divorce in Singapore
To apply for a divorce in the Family Justice Courts, you or your spouse must satisfy all three of the following:
Be domiciled in Singapore when the application is filed, or have been habitually resident in Singapore for three years immediately before filing (section 93 of the Women’s Charter). The Family Justice Courts summarise this as being a Singapore citizen or having lived in Singapore for three continuous years before filing. For couples who are not Singaporean, see foreigners divorcing in Singapore.
Have been married for at least three years. If you have been married for less than three years, you cannot file unless the court grants permission to do so.
Be married under civil law. Parties married under Muslim law should file in the Syariah Court instead.
The three-year rule is set by section 94 of the Women’s Charter. A couple who separates early in the marriage must either wait until three years have passed since the date of marriage, or apply for the court’s permission to file earlier. Permission is given only on the ground of exceptional hardship suffered by the applicant or exceptional depravity on the part of the respondent. Check your marriage date against your intended filing date before anything else.
If you have at least one child below 21, you must also complete the Mandatory Co-Parenting Programme (CPP) before filing, under section 94A of the Women’s Charter. As at September 2026, the programme is run by the Ministry of Social and Family Development through FAM@FSC centres, consists of e-learning and a consultation with a counsellor, and is free of charge. The completion certificate is valid for two years. Details are on the FamilyAssist CPP page.
The single ground, and the six facts
There is only one ground for divorce in Singapore: that the marriage has broken down irretrievably. Section 95A of the Women’s Charter sets out what constitutes that breakdown. You must show the court that you rely on one or more of the following facts.
Fact relied on
What it means
When you may file
Adultery
Your spouse has had sexual relations with someone else and you find it intolerable to live with your spouse.
After you learn of it. If you continue living with your spouse for more than six months after learning of the adultery, you cannot rely on it (section 95A(2)).
Unreasonable behaviour
Your spouse has inflicted physical or mental abuse, or otherwise behaved in a way you cannot reasonably be expected to live with.
At any time. Living together for six months or less after the most recent incident is disregarded (section 95A(3)).
Desertion
Your spouse has left you against your wishes and completely rejected the marital relationship.
After two years from the date of desertion.
Three years’ separation with consent
You have lived separately and apart, or together but in separate households, and your spouse agrees to the divorce.
After three years of separation.
Four years’ separation
The same separation, but without your spouse’s consent.
After four years of separation.
Divorce by mutual agreement
Both of you agree that the marriage has broken down irretrievably, supported by a written agreement in the prescribed form.
As soon as you both agree.
The last fact is the newest route and it has its own requirements, including a written agreement filed in Form 2C of the Family Justice Courts Practice Directions 2024. We cover it separately in our guide to divorce by mutual agreement.
Simplified track or normal track
Which track your case takes depends on how much you and your spouse have agreed before filing. For filings from 15 October 2024, the Family Justice Courts place a divorce on the simplified track if both parties agree on all issues relating to the divorce, with or without a full agreement on the ancillary matters. The courts’ step-by-step guide calls these the Simplified Full and Simplified Partial tracks. If the divorce itself is not agreed, the case goes on the normal track.
Simplified track (Full)
Simplified track (Partial)
Normal track
When it applies
You have agreed on the divorce and on all ancillary matters before filing.
You have agreed on the divorce, but one or more ancillary matters are still in dispute.
You and your spouse cannot agree on the divorce before filing.
What happens in court
Parties and their lawyers are not required to attend the uncontested divorce hearing.
After Interim Judgment, the court gives further instructions for the disputed ancillary matters by Registrar’s Notice.
Case conferences, possible mediation, and hearings for contested issues.
Duration
The Family Justice Courts indicate about 4 months for the simplified track, without separate figures for the full and partial versions.
The same court estimate applies, but the Final Judgment waits until the disputed ancillary matters are resolved.
The Family Justice Courts indicate 12 to 18 months to conclude.
Relative cost
Lower.
Lower than the normal track, but disputed ancillary matters add cost.
The Family Justice Courts describe it as much more expensive.
The practical point is that the track is not assigned to you at random. It follows from how much you and your spouse can settle in advance. Every issue settled before filing is one the court does not have to decide afterwards. Our guides to the uncontested divorce process and the contested divorce process go into each in more detail.
The simplified track, step by step
Agree the divorce and, for the full track, the ancillary matters.
File the Originating Application for Divorce (Simplified), Form 2A.
Serve it on your spouse and file the affidavit of service within 14 days.
The court holds the uncontested divorce hearing, which you do not need to attend.
The court grants Interim Judgment.
Extract the Final Judgment after three months, or once any disputed ancillary matters are resolved, whichever is later.
Filing a divorce in Singapore through the Divorce eService
The Family Justice Courts run a Divorce eService for the simplified track. You can use it either to apply for the divorce directly, where both parties agree on the divorce and on the ancillary matters (the Simplified Full track), or to generate the documents needed to file a divorce, which you can then discuss with a lawyer.
Both you and your spouse need Singpass to use it. The form can auto-populate certain fields from MyInfo if you grant access through Singpass.
The eService itself is free. Filing fees still apply, and they apply whether or not you use it.
You do not need a lawyer to use the eService. The courts say so plainly, and they also say that applying for divorce is a major decision on which you may want independent advice.
The same eligibility rules apply: married for at least three years, and married under civil law rather than Muslim law.
The eService handles the paperwork. It does not produce the agreement itself: the ancillary matters must already be settled between you before an application can go through it on the full track.
The normal track, step by step
File the Originating Application and serve it on your spouse.
Your spouse files a notice to contest within 14 days and a reply within 28 days, or does not respond.
Both parties complete the Joint Triage Checklist, and the court holds a case conference.
If you have a child under 21, the court directs you to mediation and counselling.
The court hears the divorce and grants Interim Judgment.
The ancillary matters go through a case conference, affidavits and, if not settled, a hearing.
Extract the Final Judgment, or appeal the ancillary orders to the Family Division of the High Court.
If you have been served with a divorce application
This section is for the other side of the process. If the application has been filed against you, you are the respondent, called the defendant under the older rules, and your spouse is the applicant.
Read what you have actually been served with before deciding anything. The documents tell you which track the matter is on and what is being sought on the ancillary matters.
If you are representing yourself, documents are filed through eLitigation at the Service Bureau, following Part 2 of the Family Justice (General) Rules 2024 and the Family Justice Courts Practice Directions 2024.
Not filing a notice to contest has consequences. If the respondent does not contest, the matter can proceed as uncontested even on the normal track. Silence is a choice, not a delay.
Disagreeing with the reasons given in the application is not the same as disagreeing with the divorce. Contesting the particulars can add cost without changing an outcome that matters to you, such as care arrangements or the treatment of the flat. Before contesting, identify which outcome you actually want to change.
How long a divorce in Singapore takes
Two things drive the timeline: the track, and whether the ancillary matters settle. The one period you cannot compress is the wait between Interim Judgment and Final Judgment.
Stage
What fixes the timing
Filing to service
The affidavit of service is due within 14 days of filing on the simplified track.
Service to Interim Judgment
Court scheduling, and whether the respondent contests.
Interim Judgment to Final Judgment
At least three months, or until all ancillary matters are resolved, whichever is later.
Whole matter, simplified track
The Family Justice Courts indicate about 4 months to conclude, without separate figures for the full and partial versions.
Whole matter, normal track
The Family Justice Courts indicate 12 to 18 months to conclude.
These court estimates are a guide, not a promise: your own timeline depends on court scheduling and on how quickly the parties file what is asked of them. The three-month minimum after Interim Judgment applies to every case, and ancillary matters that remain unresolved hold back the Final Judgment until they are decided. Our article on the waiting period between Interim and Final Judgment explains what you can and cannot do in that time.
Documents you will need to prepare
The application sets out the parties’ particulars, the basis of the court’s jurisdiction, details of any children, the facts relied on, the orders sought on the ancillary matters and brief reasons. The supporting documents depend on your case, and start with the marriage certificate and, if you have children, their birth certificates and the Co-Parenting Programme certificates. Where the agreed terms involve an HDB flat or CPF monies, further documents are needed. The full list for the simplified track is in our uncontested divorce guide.
Ancillary matters: what still has to be decided
The ancillary matters are the second stage of the process, and they fall into three groups.
The children. Custody, care and control, and access are three different things and are decided separately. Custody concerns decision-making on major issues. Care and control concerns who the children live with day to day. Access concerns the time the other parent spends with them. Maintenance for the children is decided alongside. See our guide to child custody in Singapore.
Spousal maintenance. The financial support payable to a wife, or to an incapacitated husband, whether as a monthly sum for a defined period or otherwise.
Division of matrimonial assets. Which assets are divided and in what proportions, including the matrimonial home, Central Provident Fund monies and joint accounts. If you own an HDB flat, the Housing and Development Board should be approached about the available options. See our guide to the division of matrimonial assets.
Mediation and counselling
On the normal track, where there is any child under the age of 21, the court will direct both parties to attend mediation and counselling at the Family Dispute Resolution Division. This is not an optional extra and it is not a sign that your case is going badly. It gives parents a structured opportunity to agree on arrangements for the children before the court has to impose them.
What changed on 15 October 2024
If you are reading older articles or older court forms, the vocabulary will not match. Filings commenced on or after 15 October 2024 are governed by Part 2 of the Family Justice (General) Rules 2024. Filings commenced before that date continue under the Family Justice Rules 2014.
Older term you may still see
Current term
Writ for Divorce, Statement of Claim, Statement of Particulars
Originating Application for Divorce, with its supporting documents
Plaintiff
Applicant
Defendant
Respondent
Simplified track only where the divorce and all ancillary matters were agreed before filing
Simplified track where all issues relating to the divorce are agreed, with or without a full agreement on the ancillary matters (Simplified Full or Simplified Partial)
The courts still use both sets of words in places, because both sets of rules are live depending on when a matter was commenced. If a document you have been given uses the older terms, check the filing date before assuming it is out of date.
If you are Muslim
If you are Muslim, the Administration of Muslim Law Act (AMLA) and the Syariah Court apply. This article covers civil law only.
What it costs, and whether you need a lawyer
You do not need to have a lawyer in a divorce case. The Family Justice Courts say so directly, and self-represented parties do file matrimonial applications. You may choose to engage one if you want independent advice on the merits of your case or on the ancillary matters. See do you need a lawyer for divorce in Singapore for when advice makes a difference.
Court fees are fixed. As at September 2026, filing a matrimonial application for divorce on the simplified track costs $56, and extracting the Final Judgment costs $14. On legal costs, the reliable statement is a relative one: the Family Justice Courts describe the normal track as much more expensive than the simplified track. That difference is driven by case conferences, affidavits and contested hearings, so the cost of a divorce in Singapore rises with each issue left in dispute. Agreeing on the divorce itself keeps the matter on the simplified track, and agreeing on the ancillary matters as well leaves the court nothing further to decide.
If you would like to talk through which track your situation is likely to follow, our divorce lawyers in Singapore can advise on your options in confidence.
Frequently asked questions
Can I file for divorce in Singapore if I have been married less than three years?
Not as of right. You must have been married at least three years, unless the court grants permission to file earlier. If your marriage is close to the three-year mark, check the filing date carefully.
Do I have to attend court for an uncontested divorce?
On the simplified track, parties and their lawyers are not required to attend the uncontested divorce hearing. Members of the public are not allowed to attend.
What is the difference between Interim Judgment and Final Judgment?
Interim Judgment is the court’s finding that the marriage has broken down irretrievably. It does not by itself end the marriage for all purposes. Final Judgment completes the proceedings, and you can extract it only after at least three months from the Interim Judgment, or once all ancillary matters are resolved, whichever is later.
Do I need my spouse’s agreement to get a divorce?
No. Several of the six facts do not require consent, including adultery, unreasonable behaviour, desertion after two years, and four years’ separation. Consent is required for the three-year separation fact and for divorce by mutual agreement.
Can I change from the normal track to the simplified track?
The simplified track is for parties who have agreed on all issues relating to the divorce before filing, with or without a full agreement on the ancillary matters. Where agreement is reached after proceedings have begun on the normal track, the remaining issues can become uncontested. Whether the file itself moves to a different track is a point to raise with your lawyer or with the court at a case conference.
What happens to our HDB flat?
The flat is dealt with as part of the division of matrimonial assets. The Housing and Development Board should be approached on the options available to you, because eligibility rules affect what the court can practically order.
Which court hears divorce cases in Singapore?
The Family Justice Courts. Appeals from orders made at an ancillary matters hearing go to the Family Division of the High Court, with permission where that is required.
Last reviewed: 30 September 2026, against the Women’s Charter 1961, the Family Justice (General) Rules 2024 and the Family Justice Courts Practice Directions 2024. Court fees and timelines are stated as at September 2026.
This article is for general information only and does not constitute legal advice. Please consult a qualified lawyer for advice on your specific situation.
In Singapore, splitting assets in a divorce is governed by section 112 of the Women’s Charter 1961. The court divides the matrimonial assets in the proportions it considers “just and equitable”, which is not an automatic 50/50 split, after weighing each spouse’s financial and non-financial contributions to the marriage. The outcome depends on your specific facts, so please consult a qualified lawyer.
Where both spouses have worked, the Court of Appeal’s structured approach in ANJ v ANK [2015] SGCA 34 is the starting point: the court averages each spouse’s direct and indirect contributions and then adjusts that average for the circumstances of the marriage. Where one spouse was the sole earner in a long marriage, a different line of cases applies. Both are explained below.
What counts as a matrimonial asset
Section 112(10) of the Women’s Charter defines a “matrimonial asset” in two parts:
Assets acquired during the marriage by one or both spouses, of any nature: property, bank balances, CPF savings, shares, insurance policies with cash value, vehicles and business interests.
Assets acquired before the marriage by one or both spouses that were either (i) ordinarily used or enjoyed by both spouses or their children while living together, for shelter, transportation, household, education, recreational, social or aesthetic purposes, or (ii) substantially improved during the marriage by the other spouse or by both spouses.
The definition then excludes one category: an asset acquired by one spouse at any time by gift or inheritance, which has not been substantially improved during the marriage by the other spouse or by both spouses. This exclusion does not apply to a matrimonial home. A flat or house that one spouse inherited or received as a gift, and that became the family home, is part of the pool.
In USB v USA [2020] SGCA 57, the Court of Appeal explained how these rules work together:
Type of asset
Enters the pool for division?
Acquired during the marriage (not a gift or inheritance)
Yes
Acquired before the marriage
Only if ordinarily used by the family as described in s 112(10), or substantially improved during the marriage by the other spouse or both spouses
Gift or inheritance, whenever received
Only if it is the matrimonial home, or substantially improved during the marriage by the other spouse or both spouses
Matrimonial home
Yes, however and whenever it was acquired
Two further points from USB v USA matter in practice. First, “substantially improved” requires “the investment of money or money’s worth”, such as paid renovation works; a rise in market value on its own is not an improvement. Second, once a pre-marriage asset or gift is transformed into a matrimonial asset, its whole value enters the pool, not only the part attributable to the marriage.
Which date counts? In ARY v ARX [2016] SGCA 13, the Court of Appeal held that the starting point for identifying which assets are in the pool is the date of Interim Judgment. The court can depart from that date for good reason, for example where one spouse has unfairly depleted the assets.
Whether a particular asset falls inside or outside the pool turns on its history, so documents that trace where the money came from (purchase records, bank statements, the will or deed of gift) are important.
What the court considers when splitting assets: section 112(2)
Section 112(2) of the Women’s Charter requires the court to have regard to all the circumstances of the case, including:
the contributions each spouse made in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
any debt or obligation either spouse incurred for their joint benefit or for the benefit of a child of the marriage;
the needs of the children of the marriage;
each spouse’s contributions to the welfare of the family, including looking after the home or caring for the family or an aged or infirm relative or dependant;
any agreement between the spouses on the ownership and division of the matrimonial assets made in contemplation of divorce;
any period of rent-free occupation or other benefit one spouse enjoyed in the matrimonial home to the exclusion of the other;
assistance or support one spouse gave the other, material or not, including help that aided the other’s occupation or business; and
the matters in section 114(1), so far as relevant, such as each spouse’s income, earning capacity, financial needs, age and the length of the marriage.
Factors 1 and 4 are the “direct” and “indirect” contributions that the structured approach below turns into percentages. Section 114 itself deals with spousal and child maintenance, which the court decides separately from the division of assets.
The structured approach in ANJ v ANK [2015] SGCA 34
The Court of Appeal in ANJ v ANK [2015] SGCA 34 set out a structured approach for the general run of cases:
Direct contributions. The court assigns each spouse a percentage for their financial contributions to acquiring or improving the matrimonial assets: purchase price, mortgage instalments, renovation costs and similar payments that can be traced to that spouse.
Indirect contributions. The court assigns each spouse a percentage for their contributions to the family’s well-being, both financial (household expenses, school fees, utilities) and non-financial (caregiving, homemaking, supporting the other’s career).
Average and adjust. The court averages the two percentages. It may give more weight to one of them depending on the marriage: indirect contributions carry more weight in a long marriage; direct contributions may carry more weight where the pool is exceptionally large and was built through one spouse’s exceptional efforts; and the weight of homemaking contributions may be lower where the family relied heavily on a domestic helper.
The result is each spouse’s percentage share of the net pool.
Hypothetical example (for illustration only, not a real case). Suppose the court assesses direct contributions at 70% (husband) and 30% (wife), and indirect contributions at 30% (husband) and 70% (wife) because the wife reduced her working hours to care for the children. The simple average is 50% each. The court then decides whether the facts justify giving more weight to either ratio before fixing the final split.
Single-income and dual-income marriages: TNL v TNK and TQU v TQT
In TNL v TNK [2017] SGCA 15, the Court of Appeal held that the structured approach should not be applied to single-income marriages, where one spouse was the sole earner and the other the homemaker. Applying it there would count the earning spouse’s financial contributions twice, once as direct contributions and again as part of the indirect contributions. The court observed that in long single-income marriages, the precedents tend towards an equal division of the matrimonial assets.
Whether a marriage is “single-income” depends on the facts. In TQU v TQT [2020] SGCA 8, the wife argued that hers was a long single-income marriage. The Court of Appeal disagreed because both spouses had worked in the family’s clinic during the marriage and neither had been a full-time homemaker until the clinic closed, so the structured approach applied.
If you stepped back from paid work to raise the children, do not assume either approach applies automatically. The court looks at the pattern of work and income across the whole marriage.
How specific assets are split: HDB, CPF, property, business and investments
The same section 112 principles apply to every asset, but each type raises its own practical questions.
The HDB flat
An HDB flat that is the family home is a matrimonial asset. The court may order that one spouse keeps it, that one spouse’s share is transferred to the other, or that the flat is sold and the proceeds divided (section 112(5)). HDB’s rules decide which option works in practice: the spouse keeping the flat must meet HDB’s eligibility conditions, and an open-market sale is possible only once the Minimum Occupation Period has been met. For the detail, see our guide to dividing the matrimonial home: HDB vs private property rules, and on buying another flat after divorce, divorce and BTO flats.
CPF savings
CPF savings built up during the marriage are matrimonial assets. According to the CPF Board, the court can order either:
a transfer order, moving savings from one spouse’s CPF accounts to the other’s (the receiving spouse must be a Singapore Citizen or Permanent Resident); or
a charging order, under which the receiving spouse is paid in cash, possible only where the paying spouse is 55 or above and eligible to withdraw.
Since 19 January 2025, the Special Account of members aged 55 and above has been closed, and no transfer can be made from it. Where CPF savings were used for a property, check how much each spouse must refund to their own CPF account on a sale or transfer. The CPF Board publishes suggested wording for court orders on its division of CPF assets page.
Private property
Condominiums and landed property follow the same section 112 analysis, without HDB’s eligibility rules. Mortgage payments, renovation costs and rental income during the marriage count towards direct contributions, and a property bought before the marriage that the family lived in is part of the pool.
Business interests in a Pte Ltd
Shares acquired during the marriage are matrimonial assets. Shares held before the marriage are included only if the other spouse, or both spouses, substantially improved the business during the marriage, and then their whole value is included (USB v USA [2020] SGCA 57). Valuation is then the central question. The court can let the owning spouse keep the business and order a payment or a larger share of other assets to the other spouse (section 112(5)). See divorce for business owners.
Investments, savings and insurance
Bank balances, shares and unit trusts acquired during the marriage are divided like other assets, in cash or in kind. Insurance policies count up to their surrender or cash value; term policies with no cash value are not divided.
Assets held overseas
Matrimonial assets are not limited to those in Singapore. Property, bank accounts and investments held abroad form part of the pool and must be disclosed. Enforcing an order over foreign property may need steps under the law where it is located.
Are debts split in a divorce?
Section 112(2)(b) directs the court to consider any debt or obligation a spouse incurred for the couple’s joint benefit or for a child of the marriage. A housing loan still owing on the matrimonial home, for example, is relevant to the value of that asset to the couple, and a debt taken on for the family is viewed differently from one a spouse ran up for purely personal purposes. For a closer look at credit cards, personal loans and guarantees, see what happens to shared debts when you get divorced.
Pre- and post-nuptial agreements: how much weight do they carry?
An agreement on the division of assets made in contemplation of divorce is one of the matters the court must consider (section 112(2)(e)). It does not take assets out of the pool, and the court keeps its discretion. An agreement carries more weight where both spouses had independent legal advice and full financial disclosure, and where the terms protect the children and leave neither spouse in hardship. See our page on pre-nuptial and post-nuptial agreements.
Hidden assets, non-disclosure and misconduct
Each spouse must give full and frank disclosure of their assets. Where a spouse fails to disclose assets or explain where money went, the court can draw an adverse inference. In TQU v TQT [2020] SGCA 8, the husband did not account for returns from properties he had disposed of, and the Court of Appeal adjusted the division by 10 percentage points in the wife’s favour to reflect this. If you suspect assets are being concealed, see how to uncover your spouse’s hidden assets.
Misconduct in the marriage, such as adultery, is not one of the section 112(2) factors, and the division is based on contributions rather than fault. The court can ascribe a negative value to a spouse’s contributions, but in TQU v TQT the Court of Appeal said the threshold is high: the conduct must be both extreme and undisputed, and must fundamentally undermine the marriage partnership.
Protecting your asset position before and during divorce
Collect statements for bank accounts, CPF, shares, insurance and property early.
Avoid large, unexplained transfers or withdrawals. The court can adjust the division where assets have been unfairly depleted (ARY v ARX [2016] SGCA 13).
If your spouse is disposing of assets to defeat your claim, the court can grant an injunction or set aside a disposition made in the 3 years before the application, under section 139M of the Women’s Charter (in force since 16 January 2025). See also protecting your assets in case of a divorce.
How the split is decided in the divorce process
The division of assets is an ancillary matter, decided at the second stage of the divorce after the court has granted Interim Judgment. Spouses who agree on how to split their assets can record the terms in a consent order, which is the route in an uncontested divorce and in a divorce by mutual agreement. Where they cannot agree, each spouse files affidavits disclosing their assets and the court decides at an ancillary matters hearing, as in a contested divorce.
Under section 112(5), the orders the court can make include:
selling an asset and dividing the proceeds;
vesting an asset, or part of it, in one spouse;
holding an asset on trust, or postponing its sale, until a set date or event (for example, until the youngest child reaches a certain age);
giving one spouse the right to occupy the matrimonial home to the exclusion of the other for a period; and
ordering one spouse to pay a sum of money to the other, in one sum or in instalments.
For how the two stages fit together from filing to Final Judgment, see our guide to the divorce process in Singapore.
Frequently asked questions
Is splitting assets in a divorce always 50/50 in Singapore?
No. Section 112(1) requires a just and equitable division, not an equal one. In dual-income marriages the court applies the structured approach in ANJ v ANK [2015] SGCA 34; in long single-income marriages, the precedents tend towards an equal division (TNL v TNK [2017] SGCA 15).
Does adultery affect how assets are split?
Adultery is not one of the factors in section 112(2); the split is based on contributions. The court can give a negative value to a spouse’s contributions only where the conduct is extreme and undisputed (TQU v TQT [2020] SGCA 8). Hiding or depleting assets is dealt with separately, through an adverse inference or an adjustment.
Can a pre-nuptial agreement override section 112?
No. Under section 112(2)(e) the court must have regard to it, and a well-prepared agreement with independent advice and full disclosure can carry significant weight, but the court keeps its discretion.
How long does the asset-division stage take?
It depends on whether the spouses agree. Agreed terms can be recorded in a consent order as part of the divorce. If the division is disputed, it is decided at an ancillary matters hearing after both spouses have filed affidavits of their assets, which takes longer. The divorce process guide explains each stage.
Sources
Women’s Charter 1961, sections 112 and 139M: sso.agc.gov.sg
The law and CPF rules in this article are stated as at September 2026.
If you are Muslim, the Administration of Muslim Law Act 1966 (AMLA) and the Syariah Court apply. This article covers civil divorce under the Women’s Charter only.
This article is for general information only and does not constitute legal advice. Please consult a qualified lawyer for advice on your specific situation.
Death is a taboo subject to many. Therefore, people choose to avoid discussion on the subject. However, the increasing number of deaths caused by the coronavirus pandemic globally has now brought home the possibility and fear of death to many people. With social distancing measures and lockdowns in place, you may find yourself having more time to plan for and focus on important and fundamental issues that matter to you. It may be an opportune time to prepare an estate plan if you do not already have one. A well thought out and properly executed estate plan will ensure that your loved ones are provided for when you are no longer around.
In this article, we address certain misconceptions about wills and why it is advisable and beneficial to seek the help and advice of a specialist trusts and estates legal professional to make your will.
1. I am not wealthy and I do not have many assets, so it is not necessary for me to make a will.
You don’t need to have vast wealth to make a will.
A will ensures that your assets (regardless of value) are left to the persons whom you intend to receive these assets after you pass on.
In fact, vulnerable family members in less well-to-do households will benefit from a properly executed will as that ensures that they receive the financial support to continue with their lives after the breadwinner passes.
It is also common for Singaporeans to own their homes. Your home may well be worth at least half a million dollars, and its value will continue to grow as you age. Most Singaporeans may also have life insurance policies, which will, upon one’s passing, pay out anything from a few hundred thousand to even a million or more dollars.
It only takes a small investment of time and money to make a proper will to ensure that your assets (which may continue to grow over the years) to be properly distributed after you are gone. Moreover, after one’s death, distribution of assets if one has a will would be much faster, cost- effective and easier process compared to if one does not have a will.
2. The law will provide for the distribution of my assets, so I do not need a will.
It is true that if you do not have a will, the state can provide for the distribution of your assets according to the Intestate Succession Act.
However, the intestacy laws may not be in accordance with your wishes, and can lead to the following unintended and undesirable consequences:
(a) Some of your loved ones may be left out.
For example, if you are an adult in your late 30s or early 40s who is married with children, and if your parents are still alive at the time of your death, your parents will not receive any of your assets. Under intestacy laws, 50 per cent. of your assets will go to your spouse and the remainder 50 per cent. to your children. You would have to rely on the goodwill of your surviving spouse to take care of and maintain your parents, and that is assuming they got along when you were alive!
Another example is that if you are in a committed relationship but not married, your partner would receive nothing at all from your estate.
(b) This may cause unhappiness amongst the family members.
While it is easy to divide monies in a bank account based on simple mathematics, family members may not see eye to eye when dividing personal possessions or immovable property. What does it mean to divide a property equally between all the surviving children? What happens if one sibling wishes to stay in the property with his wife and children, and the other wishes to sell the property. Would the former be required to pay rent to the other sibling, and if so, how much should the rent be? Alternatively, should he purchase his sibling’s share of the property, and what if he does not have the money to do so?
What about your jewellery and/or watches? Which child or relative should receive your diamond ring(s) or luxury watch(es)? Do you possess any paintings or carpets which may or may not have significant monetary value but of sentimental value to you?
The responses to these questions may not be straightforward, especially as relationships change and time passes.
If you have a preference as to how your assets should be distributed, it is important to make a will to ensure that your assets are distributed according to your wishes, and to make special provisions for your loved ones.
3. I only have one child so there will not be any inheritance dispute.
A will allows you to state who should act as the guardian for your child in the event that you and your spouse die before your child turns 21. If you do not have a will, the decision could be left to the family courts, who may choose a person that you or your spouse may not agree with.
Additionally, some may feel that their child, despite being of legal age, may be too young to manage a potentially significant sum of money. To address that concern, a trustee (who can be a trusted family member or an unrelated third party) can be appointed in a will to hold and manage the assets for the child until the child reaches a certain age or milestone. For example, the trustee can be instructed to earmark a sum of money for the child’s further education or for the purchase of the child’s first home. Significant assets can also be released to the child after he or she turns 30, or assets can be distributed to the child on a yearly basis. This gives parents the peace of mind that there is some supervision and control over the way their child will use the inheritance.
4. I have already distributed most of my wealth to my children in my lifetime.
Dividing up an estate can sadly lead to quarrels and damage relationships among your family members and can be expensive if the dispute escalates into protracted legal proceedings. In the absence of expressly written wishes, family members may have different interpretations of the actual intentions of a person who has passed away. Consider this illustration. You own 2 properties and have gifted your elder child one of these 2 properties in your lifetime. You co-own the second property with your younger child with the intention that, upon your passing, the property will be inherited by your younger child. These intentions may not have been made clear to both children and without a will, could remain unclear after your passing. Your elder child may have had a different expectation and may have thought that your (50 per cent.) share of the second property would be distributed equally to both children.
If friendly discussions fail, legal disputes may ensue between the children in future. This can be avoided if your intentions are made clear in a will.
5. Wills are for the elderly.
We will never know for sure when and how we will pass on. A death can occur when we least expect it. Without a will, distribution of your assets may take many months, and sometimes even years if it is legally disputed. Meanwhile, your loved ones, especially young children and elderly parents, will have no means of supporting themselves.
Making a will is simply a tool to plan ahead for the inevitable, whenever it may arrive. It will give you peace of mind knowing that those close to you will be taken care of when you are no longer around.
6. Making a will is complicated.
Some worry that making a will involves a full review of their finances and will take a long time to complete.
Depending on the size of your assets and the wishes you would like to make in your will, drawing up a will may only take a few days. The process usually requires a first meeting (or video- conference) where your legal adviser will discuss your needs with you and take your instructions, and a second meeting with your legal adviser to go through the final document and to sign it. Any other discussion on the contents of the will, if necessary, can take place by telephone call or e-mail.
You do not need to have all the latest details of your assets in order to prepare your will. All that is required is a broad idea of what your assets comprise so that your legal adviser can advise you accordingly. It is not necessary to produce evidence of your assets or a detailed breakdown of what you own.
7. Making a will is expensive, so I would rather do it myself.
A poorly written will is at risk of being invalid if it does not meet all the legal requirements. In addition, if there is any ambiguity or contradictory information in the will, this causes uncertainty and opens the possibility for the will to be contested in court, incurring unnecessary legal costs and causing distress for your loved ones.
Aside from ensuring that legal requirements are met, an experienced trusts and estates lawyer will understand the nuances of drafting the will to prevent ambiguity and uncertainty and minimise the possibility of litigation risks in future. He or she will also be able to advise you on what a will can or cannot do, and the steps that you may have to take to put your affairs in order. This is because they can help to implement them after a client has passed away (which is part of the process of extracting the grant of probate under the Probate and Administration Act, which only lawyers can carry out).
Mistakes in a will can be costly and potentially disrupt family harmony. Therefore, it is not advisable for one to minimise costs in this area simply because of the availability of cheaper solutions elsewhere. Seeking advice from a specialist trusts and estates lawyer may cost more, but the result is a will that is tailored specially for your needs and not based on a standard template or formula.
As part of our estate planning practice, we regularly advise on and prepare wills for our clients to help them to manage and distribute their wealth. Our experience in contentious disputes, including mental capacity, probate and inheritance related disputes, gives us an advantage as we are able to anticipate possible risks. This enables us to advise you on how best to structure your estate plan to avoid future disputes down the road.
We believe that it is only by getting to know each individual and family, and understanding their background, wishes and relationships, can we advise on and prepare wills that ensure families and relationships are protected.
A will made with us will be personal to you, bespoke and tailored specially for your needs and concerns.
If you would like to discuss any of these further, please do get in touch with us.
The loss of a loved one is always painful and often comes as a shock. With frequent exposure to news of tragedies and statistics, it’s easy to become desensitized to the numbers. Yet, for those who have experienced the death of a close friend or family member, this loss is deeply personal and profoundly real.
Dealing with the loss of a loved one is never easy. Adding to that, is the stress of having to deal quickly with the funeral arrangements and the distribution of the deceased’s assets in a short time after the deceased’s passing. This can be a very stressful and emotional period for most.
As experienced probate and estate administration lawyers, our goal is to guide our clients with a steady and supportive hand in managing their loved one’s estate during challenging and stressful times. If you are feeling uncertain after the passing of a loved one, we hope the insights shared in this article offer you some clarity on the steps to take next.
Find out if a Will was made.
As an immediate family member of the deceased, you may have an idea as to whether the deceased had made a Will in his or her lifetime, and the likely locations that the Will may be kept.
If you are aware that there is a Will, and have already located it, do make sure that you do not lose it. Keep it in a safe place and make copies of it. You would need the original Will to apply for a Grant of Probate.
If you know that the Deceased did not make a Will, this will mean that instead of applying for a Grant of Probate, you will be applying for a Grant of Letters of Administration.
If you are uncertain whether the deceased had made a Will, we would suggest conducting a thorough search of the deceased’s personal belongings, and any other likely places that the Will may be kept. It is also worthwhile to speak to other family members or close friends of the deceased to find out if the deceased had made a Will in his or her lifetime. Often, there are clues among one’s personal belongings that will hint at the possible existence of a Will. For example, one of our clients located a lawyer’s name card while rummaging through his late mother’s cabinet and this was helpful towards tracing the existence of the Will.
You could also conduct a search on the Wills Registry. While the Wills Registry does not hold a copy of the actual Will, it may point you towards persons or the law firm that has it (provided that the deceased had deposited this information with the Registry).
Who should distribute the Assets?
The person(s) in charge of distributing the Assets is/are called Executor(s) for Grant of Probate or Administrator(s) for Grant of Letter of Administration.
(a) Where there is a valid Will, the Will should typically identify at least one Executor. Under the law, you can name up to four Executors in the Will. The Executor is responsible for distributing the deceased’s assets in accordance with the Will to the beneficiaries (the persons entitled to a share of the deceased’s estate).
(b) But where there is no Will or if the deceased did not name the executor in his Will, it is important to decide who bears the responsibility to distribute the deceased’s assets. In other words, who is to be the Administrator of the deceased’s estate. Should it be the spouse of the deceased? A sibling of the deceased? One of the deceased’s children? Should it be the eldest child?
As each family’s situation is different, there is no right answer to this question. What a potential Administrator must note is that he or she may have to formally ask the other family members to give up or renounce their right to be an administrator if these family members are equal or higher in rank or priority. The way the renunciation can be made is found in Section 3 of the Probate and Administration Act.
The law specifies a ranking or priority system for persons entitled to apply for the Grant of Letters of Administration. This rank or priority is determined by the percentage or share of the deceased’s estate a person receives under the Intestate Succession Act (which only applies if the deceased died without a will). Simply put, the larger the share of estate you are entitled to, the higher in rank or priority you are.
There are many good reasons why a person of lower rank or priority should be the Administrator. One example is where the spouse of the deceased (who is entitled to a larger share) is alive but unable to practically administer the estate as he or she may be elderly. As the child of the deceased, you may be more mobile and be better placed to do so.
Identifying the Assets available for distribution
Banks, the Singapore Land Authority, HDB, as well as other financial and property related entities, would require the Executor or Administrator to be authorised by the Court and be given a copy of the Grant of Probate or the Grant of Letters of Administration, before allowing the transfer of the assets from the deceased to the beneficiaries.
A Schedule of Assets must accompany every Grant of Probate and Grant of Letter of Administration. Therefore, you will also need to know the details of all the deceased’s assets before making your application to Court. If you already have these details on hand, do take time to record them down. If you do not know the details of the deceased’s assets or suspect there are assets you are unaware of, you should take steps to find out.
If these assets are not listed in the Schedule of Assets, you would be unable to gain transfer, sell or deal with these assets, and will then have to go through the hassle of amending the Schedule subsequently to add the assets that have been missed in the original Schedule of Assets.
Once the Court has approved the application, you can then take the Grant of Probate or Grant of Letters of Administration and the accompanying Schedule of Assets to the various institutions where the deceased’s assets are kept.
Urgent Access to Funds
Last, there are situations where urgent access to funds in the deceased’s estate is necessary. For example, to pay for medical bills of deceased’s children or elderly parents. If urgent funds are required, you can choose to make an application first based on the assets of the deceased you know exist. The Schedule of Assets can be subsequently amended to reflect the other assets of the deceased you may discover later.
Do you need a lawyer to extract the Grant of Probate or Letters of Administration?
It is possible for you to obtain a Grant of Probate or Grant of Letters of Administration by yourself without engaging lawyers. The Family Justice Courts have published a very helpful and detailed Probate & Administration Toolkit, which can be found below.
However, this would mean that you would have to be very familiar with all the steps involved and be prepared to personally attend at various locations in order to get the Court documents prepared and filed in Court. Some of the things that you would be required to do include:
(1) Recording all the details of all the assets of the deceased for Schedule of Assets. This may mean making numerous written queries or several trips to various institutions to find out the necessary information.
(2) If applicable, obtain a renunciation from all other beneficiaries of equal or higher rank than you. This may be challenging if you may be estranged or have lost contact with some of them.
(3) Engaging a Commissioner of Oaths to swear or affirm the Supporting Affidavit and the Administration Oath required to complete your application.
(4) Attending in person at the LawNet & CrimsonLogic Service Bureau (located in Chinatown) at least twice to file the various documents and complete your application.
(5) If one or more of the beneficiaries is a minor, you will also need to find two persons to give security in the amount of deceased’s estate and execute an Administration Bond. This is provided for under Section 29 of the Probate and Administration Act.
Given the number of steps involved, which you would naturally be unfamiliar with, it may further add to the stress you are currently experiencing to try and figure things out. The application process may take at least two to three months, and any errors may result in further delay in obtaining the Court’s approval of the paperwork.
Because of this, our clients usually prefer to engage us to assist them with this process. We will liaise with the financial institutions on your behalf, prepare the required Court documents, meet with you to answer any questions you may have and arrange for you to execute the documents before a Commissioner of Oaths. The entire process can be completed within 2-3 meetings and generally within 4 to 6 weeks.
The professional fees if the deceased’s estate is less than 3 million would usually be in the range of S$2,500 to S$3,500 (depending on the complexity of the matter) as we ensure that every step of the process is done and advised by lawyers, and not office managers or paralegals who are not qualified to give legal advice.
Dealing with the loss of a loved one is never easy and having to think about distribution of his or her assets is often the last thing on your mind. As lawyers experienced in probate and administration, you can have peace of mind leaving this matter in our hands.
In addition to our probate practice, we also regularly advise on and prepare wills for our clients to help them to manage and distribute their wealth. We are also experienced in contentious disputes, including mental capacity, probate and inheritance related disputes. Having an overview of the whole process gives us an advantage in anticipating potential challenges that may arise down the road.
If you would like to discuss any of these further, please do get in touch with us.
A divorce can have a lasting impact on a child’s life. During a divorce, a child may observe that his parents have gone from best friends to enemies that may no longer be on speaking terms. He may have to grapple with the breakdown of his family unit, and have to accept that spending time with both parents means shuttling between homes. Some children may witness constant fighting, and have also been used by their parents as messengers or pawns in the divorce battle. Needless to say, the way a divorce is handled can have different effects on a child.
Statistics show that more than 50 per cent. of young offenders or uncontrollable youths in Singapore come from families with separated or divorced parents.1
It is always helpful if a divorce takes place in as gentle a way as possible for the children involved, as how parents behave in such an exceptional situation will shape their children’s lives and how their children view relationships and marriage in future. In order to explore and work out a divorce process that is as easy as possible for their children and to minimise the adverse impact on their children, it is best for parents to put the children’s best interests above their own during the divorce.
We have set out below some practical suggestions for parents going through a divorce in Singapore.
1. Understand divorce proceedings in Singapore and the key rules under the Women’s Charter
A divorce is essentially a dissolution (i.e termination) of the parties’ marital relationship. In Singapore, the law on divorce is found in the Women’s Charter. Save for exceptional circumstances, one’s marriage must have lasted at least 3 years before one is eligible for a divorce. In addition, either parent must be domiciled in Singapore at the time of commencement of the divorce proceedings or habitually resident in Singapore for at least 3 years before the commencement of the divorce proceedings.
A divorce can either be uncontested or contested. If parties agree that the marriage has broken down, and agree to the grounds for which the marriage has broken down, the divorce is uncontested. If not, the divorce is contested and a trial will be required at the Family Justice Courts to decide these issues.
Secondly, parties will have to agree on ancillary issues which are issues relating to the custody, care and control of, and access to, children, the division of matrimonial assets and the maintenance of the wife and children. Again, if these are not agreed, the Family Justice Courts will need to intervene and hearings will be required to decide these issues.
If any of the issues in the process is not agreed between divorcing parents with children under the age of 21, it is compulsory for the parents to attend a mandatory parenting programme mandated by the Ministry of Social and Family Development (the “Mandatory Parenting Programme”). The Mandatory Parenting Programme is a two-hour counselling session that aims to help parents to make better informed decisions in the divorce process which would focus on their children’s needs and interests.
2. Have the correct attitude towards the divorce
It is important to begin the process of divorce with an appropriate mind-set. In our experience, couples going through a divorce are usually consumed with heartache and hurt. This can drive them to behave in an extremely acrimonious and conflict-driven manner. As a result, we have found that many of our clients have chosen to contest divorces in situations where, had they been able to set aside their emotions, they would not have contested.
In the process of advising such clients, we often talk through their motivations for contesting the divorce. Most are emotional reasons – dragging out the court proceedings in the hope that their spouse would have a change of heart, feeling bitter that their spouse has filed for the divorce first, or disagreeing on whose unreasonable behaviour it was that caused the breakdown in the marriage.
We have mentioned above that, if parties are not able to agree that a marriage has broken down, or on the grounds of marriage, then the Family Justice Courts would need to step in. This means that parties will have to undergo a trial, including a cross-examination of each party, to let the Family Justice Courts decide whether the marriage has indeed broken down, and the reasons why. This drags out the process and results in more time and legal costs. On the contrary, if parties can agree to the grounds of the divorce, this would save time and legal costs as a trial to determine these issues would not be necessary.
In Singapore, divorces are generally granted on a “no-fault” basis. This means that the Court will generally not take into account the reasons for the breakdown of marriage when deciding on ancillary matters, for example, in the division of matrimonial assets or when deciding on maintenance. Therefore, contesting the grounds of divorce to establish fault on the part of a spouse will not do much to help a party’s position when it comes to the ancillary matters.
It is rare for the Family Justice Courts to force parties to stay in a marriage when one has chosen to end it. Choosing to contest a divorce when you know that the marriage is over will only lead to protracting the legal proceedings, and increasing the pain inflicted on your family, including your children who will be caught in the middle.
3. Seek proper legal representation – A lawyer cannot act for both husband and wife
To have a comprehensive understanding of your rights as parents, it is vital to seek full and proper legal advice.
Even if you and your spouse have decided to resolve the divorce amicably and to reach an agreement, it is still important for you to know your rights, and whether certain proposed access and/or maintenance terms are fair and reasonable. You should seek independent legal advice if you have any concerns with the proposed agreement.
While we would not suggest that one should drag out divorce proceedings unnecessarily, we would also caution against rushing into signing an agreement that has been prepared by your spouse’s lawyers especially if you have not been independently advised by a lawyer. In particular, do note that it is against legal professional rules for a lawyer to advise both husband and wife in matrimonial proceedings as this constitutes a conflict of interests.
Questions we typically receive from our matrimonial clients include:
What constitutes matrimonial assets that will be distributed?
What is a fair division of the matrimonial home and the assets especially if parties’ contributions are not equal?
Where should the child live after the divorce, and who pays for the child’s living and schooling expenses?
Can grandparents continue to take care of the child during the divorce?
What access arrangements would be more beneficial to the child?
If there is a third party in the picture, how do I ensure that my child is not affected by the presence of the third party?
If my spouse is a foreigner, how do I ensure that my spouse does not take my child away?
I am a foreigner and have a dependent pass. How do I ensure that my spouse does not cancel my dependent pass?
My spouse is verbally abusive to me in the presence of the child. How do I protect myself?
Each of the questions above can garner different answers, and each answer will have a direct impact on your child.
The facts of every case are different, which is why it is important for you to seek proper independent legal advice tailored to your circumstances, especially if you have found yourself asking one or more of these questions.
4. Both parents should continue to have a presence in the child’s life
Research has shown that children have basic needs for healthy growth and development, and their parents will play a significant part in their development. However, time spent with a child is often limited for parents who are separated.
A parent’s access to a child is often limited as a result of divorce. Sometimes, this is due to one party deliberately attempting to limit the other party’s access to the child. Therefore, as parents, it is important when dealing with issues like access to a child, to look at such issues from the perspective of their children and recognise that children need both parents. With this in mind, perhaps parental conflict can be reduced and children can benefit as best as they can from a mutually agreed care and access arrangement.
To ensure that a child gets the best from both parents, the Family Justice Courts are empowered to make a broad range of access orders such as supervised access (where another party needs to be around), reasonable access or liberal access (i.e. no restrictions). As mentioned above, each case is different. You should seek valuable tailored advice on how custody, care and control and access would work in your specific situation.
5. Divorce during a pandemic
We are living in unprecedented times, and have found that separated parents have had to make do with last minute changes to access arrangements. Parents should try to be a team in this situation, even if it is difficult. A divorce is already hard enough, let alone a divorce in the midst of a pandemic. Amidst all the fear and confusion surrounding the coronavirus pandemic, children are looking to their parents for support and reassurance.
For instance, if a party has moved out of the matrimonial home pending the conclusion of the divorce proceedings, there may be concerns with the child travelling between different households, especially during the Government’s Circuit Breaker.
We would suggest that this not be seen as an opportunity to deprive your child of speaking to or meeting your former spouse. Parents must learn to place the welfare and needs of their children before their own, and that means working well with the other party to make access arrangements that would give their child the greatest assurance of stability.
The learned Registrar Kenneth Yap of the Family Justices Courts has emphasised that parents should work jointly towards devising practical solutions for access and other child-related issues with the children’s best interests in mind, and should comply with all the Government’s Circuit Breaker measures. Talk through concerns with your spouse, and be open to new arrangements. Consider if other non-physical contact with the child could be implemented during this period, for example, pre-agreed and regular timings for telephone or video calls with the child so that the other parent continues to have contact (albeit remote) with the child. If you do not live with your child, accept that, sometimes, not physically meeting your child during this period may be a beneficial arrangement for the health and wellbeing of your child. We would also suggest that both parents take into account each other’s views and suggestions as to any proposals on parenting and home learning.
Custody and access arrangements that parents make in the next couple of weeks have an impact on the immediate safety and welfare of their children and families. In addition, the behaviour of parties during this period may also have a bearing on future custody and access arrangements. In general, the Family Justice Courts are usually more supportive of a parent who has endeavoured to make arrangements where the children’s interests and welfare are prioritised.
At Jacque Law LLC, we have many years of experience handling a wide range of matrimonial matters (including contested and uncontested divorces), and are therefore well-equipped to provide the appropriate advice to our clients. With adequate support and guidance, divorce proceedings do not have to be painful, and can often bring about peace, closure and positive change.
