Helping You Navigate Divorce Applications in Singapore
At Jacque Law, we can aid in the preparation and filing of the necessary documents in an application to the Singapore Family Court for divorce. We can also advise you on how to protect yours and your children’s interests, and guide you throughout the divorce process to ensure that it transpires smoothly.
The law on divorce in Singapore is governed by the Women’s Charter 1961. A divorce application can typically only be filed 3 years after the date of the marriage. In order to grant the divorce, the court must be satisfied that the marriage has irretrievably broken down. To prove irretrievable breakdown of the marriage, any of the following six facts can be cited in a divorce application:
If the court is not satisfied that the marriage has irretrievably broken down, it may dismiss the application and/or instruct the couple to attend counselling sessions or mediation in an attempt to reconcile.
There are two different tracks on which a divorce can proceed:
Simplified track
A divorce can be filed on the simplified track if the parties have reached an agreement regarding the reason for the divorce (i.e. one of the six aforementioned facts), as well as ancillary matters. Ancillary matters include division of matrimonial assets, child and spousal maintenance, and child custody, care and control, and access.
The simplified track is a quicker, less costly and less adversarial process. Parties can generally obtain the Certificate of Final Judgment within 4 months of filing for divorce. Once the Certificate of Final Judgment is received, the marriage is officially dissolved.
Normal track
If the parties are unable to reach an agreement regarding the reason for the divorce and/or ancillary matters, a divorce must be filed under the normal track. There are two stages under the normal track. The first stage addresses the divorce, and the second stage addresses ancillary matters. In our experience, parties generally spend much more time disputing ancillary matters since these matters concern the future and are more important to the parties.
Divorce proceedings under the normal track are significantly longer and can take as long as 12-18 months to conclude, depending on the nature and complexity of the dispute and the Court’s and parties’ schedule. They are also more costly and more adversarial, which can have a particularly negative impact on children. Therefore, parties are generally encouraged to discuss and resolve their disagreements. At Jacque Law, we can help facilitate such discussions and work towards reaching an amicable resolution for you and your spouse. The Family Justice Courts also offer mediation sessions conducted by the Family Dispute Resolution (FDR) Division.
Going through a divorce can be a challenging and emotional process, but Jacque Law LLC is here to support you with expertise and understanding. Our dedicated team of lawyers specialises in assisting clients with divorce applications, helping you protect your rights and those of your children. We guide you through each step to ensure a smooth process, addressing every detail with care and professionalism.
In Singapore, the grounds for divorce are based on proving an irretrievable breakdown of the marriage. This can be shown through six facts: adultery, unreasonable behavior, desertion, separation for three years with consent, separation for four years without consent, or a mutual agreement to dissolve the marriage.
Under the Women’s Charter, you must typically be married for at least three years before filing for divorce. In exceptional circumstances, such as cases of extreme hardship or depravity, you may apply for the court's permission to file earlier.
Documents for a divorce application generally include the writ for divorce, the statement of claim, and the statement of particulars. Additional documents like the marriage certificate, financial affidavits, and parenting arrangements (if applicable) may also be required to support the application.
The divorce process duration varies depending on whether the divorce is contested or uncontested. An uncontested divorce can take around four to six months to complete, while a contested divorce may take a year or more, depending on the complexity and court availability.
In an uncontested divorce, both parties agree on key issues like child custody, maintenance, and asset division, allowing for a smoother process. In a contested divorce, there are disagreements on one or more issues, which requires court intervention and can lead to a longer and more complex process.
The court’s primary concern in custody cases is the welfare of the child. Custody determines decision-making rights, care and control decide the child’s primary residence, and access allows the non-custodial parent time with the child. The court considers each parent’s ability to meet the child’s needs, among other factors.
Yes, maintenance for both the child and the spouse can be addressed during divorce proceedings. The court considers factors like the financial needs, earning capacity, and standard of living to decide on appropriate maintenance amounts, which can be paid as a lump sum or through regular payments.
Reach out to us today and allow our expert team to lead you to effective solutions and sound legal advice.
61 Robinson Road #14-01A,
Singapore 068893
Call Us @ +65 6280 7388
Email: Enquiries@jacquelaw.com
Copyright © 2024 Jacque Law LLC. All Rights Reserved.
Web Design by iCreationsLab Pte Ltd