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UNDERSTAND YOUR RIGHTS BEFORE DECIDING

Welcome to the Singapore Divorce Lawyer Blog, written and created by Gloria James-Civetta & Co. Containing over 60 informative blogs, the website is designed to guide you from the decision to divorce, through to the processes involved right up to the final stages of settlement. It`s our aim to help you be better prepared before facing these difficult times.

OUR EXPERTISE & CAPABILITIES

  • Gloria James-Civetta & Co, has one of the largest teams of Matrimonial Lawyers in Singapore, equipped with the necessary resources and manpower to handle complex matrimonial proceedings.
  • Our Dispute Resolution Team has an excellent track record in resolving complex "high conflict" matrimonial disputes.
  • All our lawyers are trained by the Singapore Mediation Centre for Dispute Resolution.

Managing partner, Ms Gloria James has more than 20 years' experience in handling divorce cases and family law proceedings.

  • Collaborative Family Practitioner
  • Appointed Child Representative Lawyer (Family Justice Court)
  • Parenting Coordination Lawyer
  • Associate Mediator of the Singapore Mediation Centre and PDRC
  • Mediator (Family Justice Court & SMC Family Panel)
  • Certificate-in-Mediating Disputes (Havard Law School)
  • Certificate-in-Mediation Skills ADR (Regent's University London)

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This is a difficult situation that occurs often, where the non-custodial parent feels hurt, betrayed and angry as a result. He or she will naturally begin to wonder if the other parent somehow put the child up to this. At the same time, the residential parent would feel frustrated and worried and left wondering if there's something going on at the other house or parent that he or she is unaware of.

“It is important to remember that Visitation is not just a schedule, but a connection to both parents”

Whilst a child's opinion is important, it is not decisive. Children are often not old enough or hold the maturity to dictate their authority in deciding when and if visitation should happen. If children are given that authority, you will only confuse. A child`s connection with both parents should be of outmost priority for their wellbeing.

What do you do?
Here are some checks:
  • Encourage your child to have access with the other parent. Explain to your child the importance of spending “bonding time” with the other parent
  • Visitation is not subject to a child's wishes, so do not allow your child to dictate and to make decisions not to exercise access as if he/she is an adult
  • Communicate with the other parent about the issue and try to find a solution

If your child continues to refuse access, you should then:

  • Record the dates of when this happens and an explanation as to why it happened
  • See a child counsellor or child psychologist for help
  • Seek help to appoint a parenting coordination lawyer
  • Seek help from the family service centre to apply for access-assistance

As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
“We don’t just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => IF YOUR CHILD REFUSES TO HAVE ACCESS WITH THE OTHER PARENT [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-refuses-access-parent [to_ping] => [pinged] => [post_modified] => 2016-08-24 20:19:12 [post_modified_gmt] => 2016-08-24 12:19:12 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3660 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]IF YOUR CHILD REFUSES TO HAVE ACCESS WITH THE OTHER PARENT[:] ) [1] => WP_Post Object ( [ID] => 3651 [post_author] => 3 [post_date] => 2016-08-24 14:50:20 [post_date_gmt] => 2016-08-24 06:50:20 [post_content] => What is Parental Alienation?

This is where one parent (ie custodial parent) cunningly strategises to 'brainwash' and 'poison' a child to become disconnected with the other parent.

What are the Signs of Parental Alienation?
  • Where the child views the non-custodial parent as 'bad'.
  • Child calls the non-custodial parent names and shows disrespect.
  • Child refuses to have access and to spend time with the non-custodial parent.
  • Where custodial parent comes up with excuses as to why access schedule cannot be kept or refuses access to non-custodial parent.
  • Custodial parent withholds telephone calls, Skype, FaceTime access.
  • Undermines the non-custodial party's authority.
  • Making falsehood and allegations against non-custodial parent to the child.

What can I do to fight this Parental Alienation?

  • Do not wait for your child to change, that will never happen as Long as the custodial parent is in control.
  • Do not take your time to commence action. You should act fast and asap.
  • Do not bother to negotiate with the custodial parent.
  • Control your anger and emotions, and work with a clear mind.
  • Engage an experienced family lawyer to strategise and fight this for you.
As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
“We don’t just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => PARENTAL ALIENATION [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => parental-alienation [to_ping] => [pinged] => [post_modified] => 2016-08-24 15:07:28 [post_modified_gmt] => 2016-08-24 07:07:28 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3651 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]PARENTAL ALIENATION[:] ) [2] => WP_Post Object ( [ID] => 3639 [post_author] => 3 [post_date] => 2016-08-22 16:45:29 [post_date_gmt] => 2016-08-22 08:45:29 [post_content] =>

When it is the non-care and control parent’s turn to have access, it is good to bear in mind how a parent having care and control should behave.

Here are some tips:-
  1. Co-operate and get your children ready and prepared to leave for access with the other parent.
  2. Learn to let go being in control and leaving dos and don’ts rules to the other parent.
  3. Try to drop the children for access or encourage the other parent to pick up the children. If doing the latter, try not to create or cause a scene and be as civil and cordial to each other.
  4. When the child returns from access, do not ‘jump’ on the child asking 1000 questions on access, and do not force the child to answer. Remember the child must be feeling separation anxiety and needs time to adjust.
  5. Remember to keep to the access schedule and do not make last minute changes.
As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => How a Custodial Parent Should Behave Towards a Non-Custodial Parent During Access Time [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => custodial-parent-behave-towards-non-custodial-parent-access-time [to_ping] => [pinged] => [post_modified] => 2016-08-24 15:09:42 [post_modified_gmt] => 2016-08-24 07:09:42 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3639 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]How a Custodial Parent Should Behave Towards a Non-Custodial Parent During Access Time[:] ) [3] => WP_Post Object ( [ID] => 3636 [post_author] => 3 [post_date] => 2016-08-22 16:18:44 [post_date_gmt] => 2016-08-22 08:18:44 [post_content] =>

It is not easy to be separated from your child; especially when you did not get sole or shared care and control. If you are now only entitled to have fixed access, it is always important to remember the following tips:-

  1. Stick to a schedule. Always liaise with the other parent on pick-up and drop-off locations.
  2. Where overnight access is concerned, ensure that the children has a room just like his / or her room in the custodial parent’s home. Always keep a set of the child’s basic needs and necessities.
  3. Do not think that it’s all about fun-time during your period of access. Do your duty as a parents to ensure that child’s homework is done etc.
  4. Always be an involved parent and keep yourself as vested with the child’s academic performance in school and attend parent-teachers meeting.
  5. Always prioritise your child’s interests before your own. If you need to travel for work during your period of access, then ensure that the other parent is provided with advance notice, so make-up access can be arranged for you.
  6. If you are away on trips, and knowing that the child is “missing” the time with you, as a parent, do your part to strengthen the bond with your child by making telephone, Skype or FaceTime calls. This way, your child does not develop a feeling of neglect or resentment against you.
As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Tips for a Non-Custodial Parent When Having Child Access [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => tips-non-custodial-parent-child-access [to_ping] => [pinged] => [post_modified] => 2016-08-24 15:10:49 [post_modified_gmt] => 2016-08-24 07:10:49 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3636 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Tips for a Non-Custodial Parent When Having Child Access[:] ) [4] => WP_Post Object ( [ID] => 3628 [post_author] => 3 [post_date] => 2016-08-22 14:52:43 [post_date_gmt] => 2016-08-22 06:52:43 [post_content] => 9 Points to Making Co-Parenting work when Divorce is inevitable Here are some important tips to know:
  1. Stay child-focused. Remember to put children first before your own interests and agendas.
  2. Set a schedule sharing your time to be spent with the children.
  3. Respect each other. Do not display your bad behaviour against each other in front of your children.
  4. Learn to communicate effectively with each other. If face to face does not work out, try texts, or WhatsApp as alternatives.
  5. You are no longer in ‘control’ of your spouse and the sooner you drop this notion of continued control, the relationship as future co-parents becomes better.
  6. Let go of your anger and emotions. Being angry against your spouse will cause you to lose focus on your children.
  7. Try not to order your spouse or communicate in a tone that sound like you are making demands but make requests instead.
  8. Always get the other parent to make joint decisions with you in respect to major issues in children’s lives.
  9. Be a team player. It is not about you but the children.
As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => 9 Points to Making Co-Parenting work when Divorce is Inevitable [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 9-points-making-co-parenting-work-divorce-inevitable [to_ping] => [pinged] => [post_modified] => 2016-08-24 15:12:05 [post_modified_gmt] => 2016-08-24 07:12:05 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3628 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]9 Points to Making Co-Parenting work when Divorce is Inevitable[:] ) [5] => WP_Post Object ( [ID] => 3608 [post_author] => 4 [post_date] => 2016-08-16 00:18:08 [post_date_gmt] => 2016-08-15 16:18:08 [post_content] =>

Let’s start with explaining the following words:

“Narcissism” involves cockiness, manipulativeness, selfishness and underlying motives.

“Narcissist” means a person having high self-esteem and self-importance.

“Narcissistic Personality Disorder” means a long-term pattern of abnormal behaviour characterized by exaggerated feelings of self-importance, an excessive need for admiration and a lack of understanding of others’ feelings. People affected by if often spend a lot of time thinking about achieving power or success. They often take advantage of the people around them for their own gains.

So, how can you spot a spouse who has these traits? Easy, look out for these tell-tale signs in the treatment you receive.
  • Always insisting that he/she is right;
  • Carrying grudges against you;
  • Not willing to listen to you;
  • Belittles you, making you feel inferior;
  • Manipulates you and you feel used;
  • Blames you when something goes wrong;
  • Always controlling and domineering over you;
  • Criticizes you and your appearance;
  • Does not show TLC (tender love and care) towards you.
So, what do you do when you have identified at least 80% of the above traits?
You can :-

  • See a marriage counsellor to work on your marriage;
  • Accept your spouse’s behaviour, hoping that he/she will change;
  • See a therapist to boost your morale and confidence and to acknowledge that it’s not your fault;
  • End your marriage and put your own personal well-being first.
If you have decided to end your marriage, let us explain why it is okay to divorce.
No one expects you to be trapped and suffer in a relationship when it is no longer sustainable and meaningful. If you have tried to save your marriage, sought counselling and realised that for your sanity and your well-being and that of your children is important, then it’s perfectly fine to divorce a spouse with narcissistic traits. No one expects you to live in marriage hell.

For a free initial consultation contact our Family Law Team
"We offer affordable divorce packages"
Call us on +65 6337 0469
Many fear that a divorce with a Narcissist spouse can result in an expensive, prolonged and highly contested proceedings.
Is this true? How can I avoid a high-conflict divorce? Let us tell you what you have to do :-
  • Listen to your voice and act level-headed;
  • Do not let emotions overcome you;
  • Do not react adversely to any action/reaction from your spouse;
  • Always put yourself in your spouse’s shoes and think what he/she is likely to do and use that thought to your advantage and strategize a counter-attack by applying logical steps and moves;
  • Plan and have a bottom-line on what you wish to have as a full and final settlement of your ancillary issues. You need to know what you need to have for your future without your spouse;
  • Hire a lawyer that is able to safeguard, negotiate and fight for your rights without pushing the matter for trial;
  • Hire a lawyer that has training in negotiating and knows how to act in your interests;
  • Prior to commencing action, meet your lawyer and discuss your rights and options and start gathering important financial information and evidence to support your case and claims;
  • Have an open mind to resolve matters via the mediation process and keep litigation as a last resort;
  • As much as family and friends support is important, do not let them dictate how you should run your matter;
  • Do not involve and put your children in the middle of your dispute;
  • Always ask yourself, am I acting reasonably or unreasonably?;
  • Bear in mind that you have the control and you can manage the outcome of your future.
If you are ready to move on and need legal advice or representation regarding divorce matters, please don't hesitate to contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Why it is Perfectly Fine to Divorce a Narcissist Spouse [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => perfectly-fine-divorce-narcissist-spouse [to_ping] => [pinged] => [post_modified] => 2016-08-16 22:58:43 [post_modified_gmt] => 2016-08-16 14:58:43 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3608 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Why it is Perfectly Fine to Divorce a Narcissist Spouse[:] ) [6] => WP_Post Object ( [ID] => 3558 [post_author] => 3 [post_date] => 2016-07-14 22:18:30 [post_date_gmt] => 2016-07-14 14:18:30 [post_content] => The divorce process consists of 2 stages. At the first stage, the Court will only deal with the termination of the marriage itself. At the second stage, the Court will deal with the ancillary matters. Ancillary matters will involve questions on maintenance, child custody, division of assets and costs. They may be adjourned to be heard in Chambers at a date to be fixed by the Registrar, or the Registrar may first fix a Mediation session for parties to attempt to resolve the issues amicably. Parties are required to file their respective Affidavit of Assets and Means disclosing all assets/liabilities, income and expenditure. There are two (2) rounds of exchange of Affidavits. Parties are also required to also file the Check List, Ancillary Matters Facts, Declaration of Assets and Position Sheet. Once filed, the Court will then, based on the declaration of the assets, decide if the matter would be heard in the Family Court or in the High Court. The matter only goes to the High Court when the nett value of the estate (as per what is declared) exceeds $5 million. After that, an Ancillary Hearing date will be fixed to hear the respective counsels’ written and oral submissions in Court.

For more information on the 2-stage divorce process, please click here.

Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.
Call us on +65 6337 0469
[post_title] => The Divorce Procedure – What is the Second Stage about? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorce-procedure-second-stage [to_ping] => [pinged] => [post_modified] => 2016-07-14 22:36:38 [post_modified_gmt] => 2016-07-14 14:36:38 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3558 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en] The Divorce Procedure – What is the Second Stage about?[:] ) [7] => WP_Post Object ( [ID] => 3555 [post_author] => 3 [post_date] => 2016-07-14 21:50:02 [post_date_gmt] => 2016-07-14 13:50:02 [post_content] =>

What are the factors that the court will take into account when deciding who the child will live with?

  • The welfare of the child will be of paramount consideration in determining which parent the child should live with.
  • The child’s wishes may also be taken into consideration if the child has sufficient maturity to express which parent he/she wishes to live with. The child must usually be above the age of 10.
  • Siblings will generally not be separated, unless parents come to an alternative arrangement.
  • Other factors include the child’s age, schedule and activities.
  • Further, courts do give ample consideration to the maternal bond between mother and child, and this is especially so for younger children. However, in past cases where it was proven that the father has shown more concern for the child than the mother, custody may be given to him instead.
  • Whom the child’s primary caregiver was during the marriage is another significant factor, as the courts will tend towards allowing the child to live with the primary caregiver.
The courts will take these considerations into account using reports concerning the child such as the Social Welfare Report and the Access Evaluation Report. Social Welfare Reports are used to decide which parent gets custody of the child where there is a dispute. They are prepared by officers from the Ministry of Community Development and Sports. These officers will speak to the child and observe his/her interactions with the parents. Access Evaluation Reports are prepared by the Family and Juvenile Justice Centre’s counsellors. They will help the court resolve disagreements over access to the child. It should be noted that these reports are confidential, and will only be available to the judge.
Should you have any further questions related to child custody issues or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Child Custody – Who will the Child Live With? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-custody-will-child-live [to_ping] => [pinged] => [post_modified] => 2016-07-15 13:28:26 [post_modified_gmt] => 2016-07-15 05:28:26 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3555 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Child Custody – Who will the Child Live With?[:] ) [8] => WP_Post Object ( [ID] => 3536 [post_author] => 3 [post_date] => 2016-07-11 17:28:16 [post_date_gmt] => 2016-07-11 09:28:16 [post_content] => Since the seminal case of ANJ v ANK [2015] SGCA 34, the Family Court in Singapore began adopting a more structured approach to the division of matrimonial assets & liabilities. It should, however, be noted from the outset that the court has the ultimate discretion to take a broad brush approach in assessing each party’s contributions to the marriage, in order to ensure that the matrimonial assets and liabilities are divided in a just and equitable manner.

How are matrimonial assets divided? – The Court’s methodology

First of all, the court will have to determine the pool of matrimonial assets. An asset is a matrimonial asset if it is acquired during the marriage. It will also include any assets acquired before the marriage which has been ordinarily used or enjoyed by both parties/their child(ren), or which has been substantially by one or both parties during the marriage. Please click here for a more detailed explanation of what constitutes a matrimonial asset When dividing matrimonial assets, the court looks at the parties’ respective contributions to the marriage. More specifically:
  • direct financial contributions (e.g. payment of mortgage, renovations);
  • indirect financial contributions (e.g. payment of household expenses); and
  • indirect non-financial contributions (e.g. taking care of the household chores/children).
The court would derive ratios for parties’ respective direct and indirect contributions and average the two ratios to determine parties’ overall contributions. Subsequently, the court will divide the matrimonial assets using the overall ratios. For example:
Wife
Husband
Direct Contributions
20%
80%
Indirect (financial and non-financial) Contributions
60%
40%
Overall contribution
40% [being (20 + 60)/2]
60% [being (80 + 40)/2]
Do note that the above is only a guide and the court has the discretion to make any final adjustments which are necessary to arrive at a just and equitable division of assets. For instance, the court may increase the ratio to be given to a wife in cognizance of her contributions to the household in a long marriage.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Matrimonial Assets & Liabilities in Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => matrimonial-assets-liabilities-divorce [to_ping] => [pinged] => [post_modified] => 2016-07-11 18:10:07 [post_modified_gmt] => 2016-07-11 10:10:07 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3536 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Matrimonial Assets & Liabilities in Divorce[:] ) [9] => WP_Post Object ( [ID] => 3510 [post_author] => 3 [post_date] => 2016-05-25 01:05:21 [post_date_gmt] => 2016-05-24 17:05:21 [post_content] => To avoid overvaluing or undervaluing indirect contributions, the recent 2015 Court of Appeal in ANJ v ANK has laid down a structured approach comprising the following steps:
  1. express as a ratio the parties’ direct contributions relative to each other, having regard to the amount of financial contribution each party made towards the acquisition or improvement of the matrimonial assets;
  2. express as a second ratio the parties’ indirect contributions relative to each other, having regard to both financial and non-financial contributions; and
  3. derive the parties’ overall contributions relative to each other by taking an average of the two ratios above, keeping in mind that one of the two ratios may be accorded more significance than the other. Adjustments could also be made in respect of other relevant factors under s 112 or 114(1) of the Women’s Charter
Below, we will summarise two cases using this approach. It is hoped that this will give you a better understanding of how the court will divide your matrimonial assets. 1. TIT v TIU and another appeal [2016] SGHCF 8 Direct contributions 100%of the contributions came from the husband and this was undisputed. Indirect contributions For the first 11 years of the marriage, the Wife was the sole anchor in the home. During this time, the couple relocated seven times and had four children closely spaced together, in the span of seven years. Even if, as the Husband contended, the Wife had help from a grandmother and uncle at various points, this does not detract from her substantial role for these first 11 years. In 2009, the Wife’s household burden was lightened with, inter alia, a maid, but she still had charge of all household matters. While the Husband took over household matters in 2012, this too, was with the help of a maid; and this was already the 14th year of the marriage, when the youngest was about 5 years old, past the most punishing babysitting years. His failure to inform the Court of his remarriage plans and his decisions which sought to marginalise the Wife from the lives of the children were not made in the children’s best interests, and may be taken into consideration. It was held that 65% of the contributions came from the wife. Average of two ratios While the Wife’s contributions to the home were substantial, this was so for a period of just under a dozen years, and the Husband has been in charge of the home since sometime in 2012. While the Husband was solely responsible for the accumulation of the family wealth, the total asset pool was modest (approx. 1.6 million). Hence, both direct and indirect contributions were given equal weightage. The final distribution was 67.5 : 32.5 in favour of the husband. 2a) TNC v TND [2016] SGHCF 9 – Group A assets Direct contributions The Wife made financial inputs towards investments and it was not possible to calculate mathematically the exact yields the financial contribution produced. Hence, the Court found it just to use a broad brush approach in ascribing a ratio for the Wife’s direct contributions. The Court took into consideration the fact that the total value of the matrimonial assets is massive, reaching more than S$20m (in Group A alone), and that much of this was acquired in the later years of marriage, largely due to the Husband’s efforts and business acumen. However, this was balanced against the fact of the use of the Wife’s income in the acquisition of the properties (which enabled the parties to produce property assets of substantial values) as well as her direct efforts in managing the property business are also her direct contributions. Thus, while the wife’s direct contributions were calculated to be 6.72%, it was held that it was appropriate to ascribe to her a higher percentage than shown in the calculations. The Court attributed to the Wife direct contributions to the matrimonial assets in Group A at 15%. Indirect contributions The parties were married in 2001. The Husband left Singapore sometime around 2005 and the Wife travelled to be with him on and off over the years during the rest of the marriage. The Husband stated that the parties were completely separated in January 2013 and that parties had already been substantially living apart even earlier. Their child was born in May 2011. The Wife was the primary carer of the child and took on a larger role in the domestic sphere. The Wife had undergone fertility treatment and had cared for the child in Singapore as well as when they were abroad. Prior to the child’s birth, the Wife had also given support to the Husband, living in other countries now and then, accompanying her Husband and adapting to new home environments and a life which involved some travelling. At the same time, she had to manage matters in Singapore as well. The Court attributed 65% indirect contributions to the Wife and 35% indirectcontributions to the Husband. The Husband, who took on the role of breadwinner, had provided financially for the family and this indirect contribution was recognised. Average of two ratios
Wife Husband
A. Direct contributions 15% 85%
B. Indirect contributions 65% 35%
Average of A and B 40% 60%
2b) TNC v TND [2016] SGHCF 9 – Group B assets The Court found that the full agreed value of the Jalan Pinang properties was mainly attributable to the Husband’s efforts. The Court did not put the Wife’s direct contributions towards the Jalan Pinang properties of massive value at 15%. Applying the broad brush approach, the Court assessed the Wife’s direct contributions at no more than 5% and the Husband’s at 95%. Averaging the percentages for direct and indirect contributions would have yielded the following result in respect of the Jalan Pinang Properties:
  Wife Husband
A. Direct contributions 5% 95%
B. Indirect contributions 65% 35%
Average of A and B 35% 65%
Conclusion The Court takes into consideration many factors in dividing the matrimonial assets. While this new approach lends more structure to the process, it serves only as a guide. It is best to get a family lawyer to give advice that is specifically targeted at your situation.
As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists, Trained Mediators, Collaborative Lawyers and Family Dispute Resolution Practitioners are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation on the divorce process, with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => How do Courts Divide the Matrimonial Assets? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => courts-divide-matrimonial-assets [to_ping] => [pinged] => [post_modified] => 2016-05-30 17:00:32 [post_modified_gmt] => 2016-05-30 09:00:32 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3510 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]How do Courts Divide the Matrimonial Assets? [:] ) [10] => WP_Post Object ( [ID] => 3501 [post_author] => 3 [post_date] => 2016-05-14 16:20:44 [post_date_gmt] => 2016-05-14 08:20:44 [post_content] => By Gloria James Whenever a new client comes to see me for a divorce matter, the one key question we usually ask is [for soul-searching purposes] : Has your marriage broken down? And if the answer is YES, then the next question i ask is: Is this from your view point? And if the answer is YES, then your marriage has indeed broken down. This should be, and is in fact, the main focus and rationale for commencing divorce proceedings. As such, it would be useful to take some time to reflect on the following questions:
  • Has your marital relationship with your spouse broken down?
  • Is your marriage loveless and just a broken shell?
  • Is reconciliation an impossibility?
If your answers to the above questions are YES, then this merely brings us to the next question: If not now, when? This is a question to which there is no “correct” answer.

“The ultimate decision, which is inevitably a highly personal one, lies with you”

Let me share the following matters for which I had been engaged in the past. In one prior matter, despite husband and wife being more than 80 years of age, the wife nevertheless proceeded to file for divorce. For her, the marriage had broken down many years ago, but she did not wish to spend her last years going over her unhappy marriage. Her wish was a simple one; to die ‘single’ and happy. In another matter, a husband filed for divorce against his wife, who was being treated for 4th stage cancer at the time. Unfortunately, she passed on before the divorce could be finalised, and the matter had to be abated. In a recent matter, parties were in their silver years; the wife was suffering from cancer, and the husband had heart problems. Coincidentally, both instructed lawyers to file for divorce almost simultaneously. When I asked my female client why she wanted to file for divorce, she did not state her illness as a reason, but pointed that the relationship had indeed broken down and she did not wish to remain in an unhappy marriage. From the above that I have shared with you, putting ethics and moral issues aside, and marriage vows notwithstanding, society as a whole is becoming more and more comfortable with the idea of getting a divorce. Why do I say this? The ideals embodied in our marriage vows “for better or for worse, in sickness and in health” are fast being recognised by many as an unrealistic standard of perfection. In particular, numerous articles over the years have observed that divorces are more likely to end when a spouse falls ill, and even more so when the illness is of a chronic nature. Last but not least, divorce proceedings are conducted on an entirely private and confidential basis between husband and wife, their lawyers and the Court.

Do also know that the decision to divorce or making the move to divorce is not morally or ethically wrong

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and any other applications to meet your needs.
Call us on +65 6337 0469
[post_title] => Deciding to Move On [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => deciding-to-move-on [to_ping] => [pinged] => [post_modified] => 2016-05-14 16:34:53 [post_modified_gmt] => 2016-05-14 08:34:53 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3501 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Deciding to Move On [:] ) [11] => WP_Post Object ( [ID] => 3488 [post_author] => 3 [post_date] => 2016-05-13 23:07:19 [post_date_gmt] => 2016-05-13 15:07:19 [post_content] =>
We will take you through four case studies to give you a sense of the considerations that come into play in determining the maintenance sum.
Before that, here is the relevant statute that the court will interpret in coming to its decision. Section 69(4) of the Women’s Charter provides that the court, when ordering maintenance for a wife or child under this section, shall have regard to all the circumstances of the case including the following matters:
  1. the financial needs of the wife or child;
  2. the income, earning capacity (if any), property and other financial resources of the wife or child;
  3. any physical or mental disability of the wife or child;
  4. the age of each party to the marriage and the duration of the marriage;
  5. the contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family;
  6. the standard of living enjoyed by the wife or child before the husband or parent, as the case may be, neglected or refused to provide reasonable maintenance for the wife or child;
  7. in the case of a child, the manner in which he was being, and in which the parties to the marriage expected him to be, educated or trained; and
  8. the conduct of each of the parties to the marriage, if the conduct is such that it would in the opinion of the court be inequitable to disregard it.
In summary, the two dominant factors that the court considers are:
  1. The financial needs of the child/spouse; and
  2. The ability of the parent who is being sued for maintenance to meet these needs
Children’s maintenance
Turning to the first example, we consider the Singapore High Court case of THG v LGH.

Wife’s income was $600

Applied for child’s maintenance to be increased from $150 to $700

Child’s expenses was $800

Husband’s income was $2200, take home pay: $1700

Husband remarried and had two young children from second marriage

Husband’s expenses was $1400

Court’s decision: $375

As can be seen, even though the child had clear financial needs, given the wife’s relatively low income, the ability of the husband was also clearly limited in meeting the child’s needs. Hence, the court had to balance these two interests in awarding that sum.
Next, we have the Singapore High Court case of Yasufumi Shinozaki.

Wife’s income was $1200

Wife used to be earning $7000 a month. But can now only work part time at night as she spends the day caring for the children

Child’s expenses was allegedly $4400. In any case, wife demonstrated financial need in her having to desperately sell her car at a significant undervalue

Husband’s income was officially $4000.

Husband’s income was likely to be much more, from a business on the side

Husband’s expenses was $1400

Court’s decision: $2500

In this case, the wife was able to provide some information of the business ran by the husband on the side, as well as some extravagant expenses by the husband on his aircraft-modeling hobby. In so doing, she demonstrated the financial ability of the husband. She was then able to demonstrate the financial needs of the children in her sale of her car, and her getting a part time job on top of caring for the children in the day.
Spouse’s maintenance
Regarding maintenance to the spouse, the rationale behind this is to even out any financial inequalities between the spouses, taking into account the economic prejudice suffered by the spouse during the marriage.
Thus, in the Singapore Court of Appeal case of Tan Sue-Ann Melissa, the husband earned $7000 per month. The wife was given a maintenance of $2000 per month. However, the husband suffered a fresh injury and started earning significantly less. The court hence reduced the maintenance amount to $1100.
In our final case study of NI v NJ, the husband had passed the mandatory retirement age and his employment prospect was uncertain. The court had earlier ordered a maintenance amount of $4000. The wife appealed seeking $6000. However, the court dismissed that appeal, hence sticking to the sum of $4000. The court was not persuaded that the wife should continue to enjoy an expatriate lifestyle and live in and shop at Orchard Road.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get legal advice on the child maintenance & divorce processes.
Call us on +65 6337 0469
[post_title] => Determining Child & Spousal Maintenance [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => determining-child-spousal-maintenance [to_ping] => [pinged] => [post_modified] => 2016-05-13 23:15:02 [post_modified_gmt] => 2016-05-13 15:15:02 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=3488 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Determining Child & Spousal Maintenance[:] ) [12] => WP_Post Object ( [ID] => 980 [post_author] => 4 [post_date] => 2016-05-05 15:25:01 [post_date_gmt] => 2016-05-05 07:25:01 [post_content] => When making a final parenting order, the family court is required to take into consideration, the best interests for the child. Parents should also use this principle when making their proposed parenting plans.   In Singapore, both parents are responsible for the upbringing and welfare of their children till the age of 21. However, maintenance orders may be extended for children above this age under certain circumstances- such as if they are pursuing their tertiary education or undergoing national service.   The priority of family court is to take into consideration, the benefit of a child`s meaningful relationship with both his/her parents and the need to protect the child from physical or psychological abuse.   The court take into consideration:
  • The child`s views and reasons which affect those views.
  • The child`s relationship with his parents, grandparents and other relatives.
  • The willingness and encouragement shown by each parent to encourage the child to continue a relationship with the other parent.
  • The impact of changed circumstances on a child`s day by day schedule, incorporating detachment from a guardian and carers eg, grandparents and relatives.
  • The parents ability to provide for the child`s needs.
  • The parent`s attitude towards the child and their upbringing.
  • The maturity, sex and lifestyle of a child and of either of the child`s parents.
  • The act or threat of violence involving a child or a member of the child’s family.
A court will also take into consideration the degree to which each parent has or has not beforehand met their parental obligations, in particular,   -The parent`s willingness to participate in decision making about major long-term issues involving the child.   -Time spent with the child.   -Parents meeting their obligations to maintain a child and facilitated the other parent’s involvement in these aspects of the child’s life.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Proposed Parenting Plan – The best interests of the child [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => proposed-parenting-plan-the-best-interests-of-the-child-2 [to_ping] => [pinged] => [post_modified] => 2016-05-30 23:29:37 [post_modified_gmt] => 2016-05-30 15:29:37 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?page_id=980 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [13] => WP_Post Object ( [ID] => 3215 [post_author] => 3 [post_date] => 2016-02-29 10:41:41 [post_date_gmt] => 2016-02-29 02:41:41 [post_content] =>
Deed of Separation Judicial Separation
A deed of separation, also known as separation deed, refers to a legally binding document between a married couple, which states their mutual decision to live separately. This formal contract documents the commencement of the separation and lays the groundwork for the terms and conditions which will govern the relationship during the separation. The decree of a judicial separation is a court order whereby a married couple is legally separated but not divorced.
GROUNDS
A deed of separation can only be invoked with both spouses’ consent but need not be registered with any government department or court. The couple should be legally married for no less than 3 years. Irretrievable breakdown of the marriage, on the grounds of adultery, unreasonable behaviour, or desertion.
PURPOSE
A married couple that make a mutual decision to live separately, as a:
  1. buffer period for partners to seriously consider a divorce and whether reconciliation is a possibility moral grounds
  2. precursor to divorce, acting as a private separation agreement until a married couple is eligible to file for divorce
A married couple do not wish to continue living together yet do not wish to pursue divorce proceedings due to:
  1. religious commitments
  2. moral grounds
  3. societal norms
  4. responsibility of their children.
PROCEDURE
It can be drafted by any professional lawyer, and need not be registered with any government bodies or filed in Court. Both parties must be agreeable to the terms of the Deed of Separation. The deed can be revoked anytime only with the consent of both parties. In a judicial separation, parties would be entitled to similar claims as in a divorce, e.g. custody, matrimonial assets. The court has the same range of powers as in divorce cases to issue orders on dividing the matrimonial property and providing for the custody and maintenance of children.
EFFECTS
You may decide to reconcile with your spouse even after signing the Deed of Separation. You may proceed with your divorce after 3 years (if your spouse consents) or 4 years (if your spouse does not consent) of separation once it satisfies the divorce prerequisites. Once the couple has been granted a Judicial Separation, they are relieved from any marital obligations to each other and are free to permanently live apart from each other. A judgement of Judicial Separation granted by the Court does not permit either party to remarry, since the decree of judicial separation does not terminate a marriage, unlike in divorce.
[post_title] => What is the difference between a Deed of Separation and Judicial Separation? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => difference-deed-separation-judicial-separation [to_ping] => [pinged] => [post_modified] => 2016-05-03 17:54:44 [post_modified_gmt] => 2016-05-03 09:54:44 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg/?p=3215 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [14] => WP_Post Object ( [ID] => 2940 [post_author] => 5 [post_date] => 2016-02-18 00:11:50 [post_date_gmt] => 2016-02-17 16:11:50 [post_content] => During a divorce, shared care and control is one of the types of care and control orders that a court may grant with regards to the children. Distinctive from a sole care and control order whereby one parent will become the primary caregiver of the child, a shared care and control order will translate to both parents having the right to make day to day decisions on the upbringing of the child when s/he resides with them. This will effectively mean that the child now stays with both parents as per an agreed schedule. The crux of a shared care and control order is that the child would spend approximately equal amounts of time (including overnight) with each parent. In order to more aptly illustrate the orders, we can turn to the High Court case of AHJ v AHK [2010] SGHC 148 where the Court ordered that the child would spend Saturdays 8 pm to Wednesday 11:30 am with the mother, and the rest of the week with the father. Another alternative arrangement was reached in the case of AKF v AKG [2010] SGHC 225 where the same learned judge held that the children would spend alternate fortnights with each parent. When is shared care and control order suitable? Although not explicitly provided for, guidance can be sought from the line of recent cases handed down by the courts. In the case of AQL v AQM [2011] SGHC 264, the High Court came to a conclusion that shared care and control was not suitable due to the child being of tender age and the fact that parties had a stark contrast in parenting styles. The court further elaborated that a considerable amount of stress would be placed on the child in order for him to toggle between the different expectations of each parent and that such stress cannot be beneficial for his development. Before the granting of shared care and control, the courts also consider the high level of co-operation required between the two parents. The courts pointed out in ZO v ZP [2009] SGDC 33 that shared care and control may potentially be too disruptive to the daily living regime of the child, especially when the relationship between the parties are acrimonious and fractured. This is especially true for older school-going children where they need to have a regime and system in place. As such, although the courts have allowed some degree of insight into the factors taken into consideration whilst ordering for shared care and control of the child, we may still have to wait for more cases in order to ascertain a more definitive answer.
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free 20 minute consultation with one of our family lawyers.
Call us on +65 6337 0469
[post_title] => Child Custody – Shared Care and Control Case Studies [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-custody-shared-care-and-control-case-studies [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:31:17 [post_modified_gmt] => 2016-05-02 04:31:17 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg/?p=2940 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [15] => WP_Post Object ( [ID] => 2945 [post_author] => 5 [post_date] => 2016-02-11 00:20:16 [post_date_gmt] => 2016-02-10 16:20:16 [post_content] =>
divorce calculator singapore
singapore divorce calculator
What causes most disputes over child support is when one or both of the parents disagree over the amount of maintenance payable as child maintenance, and as to how much either parent should contribute. The Singapore Divorce Calculator APP  can be used to effectively to determine your child`s monthly maintenance costs.As an added feature, the APPLICATION helps you determine your and your spouse`s contribution ratios by entering your monthly incomes. The application is designed to be used only as a guide to give you an idea. There will surely be other determining factors involved in your particular matter. Please seek proper advise from a divorce lawyer in Singapore. Costs taken into consideration when formulating Child expenses:
  • school fees/books/uniform
  • medical/dental
  • personal grooming
  • tutoring fees
  • sport team dues
  • childcare
  • pocket allowance
  • transport
  • hand-phone & monthly charges
  • contact lenses/spectacles
  • health supplements
  • holidays/school excursions
  • & others
You would expect costs to increase after separation and even as your child grows older. Sometimes it's possible to go on living the same way, but he majority of the time, one will need to be adjustments. It`s most important is that the children are protected.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get legal advice on the child maintenance & divorce processes.
Call us on +65 6337 0469
[post_title] => Child Support: What Are The Real Costs of Supporting Your Child? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-support-what-are-the-real-costs-of-supporting-your-child [to_ping] => [pinged] => [post_modified] => 2016-05-05 15:17:16 [post_modified_gmt] => 2016-05-05 07:17:16 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg/?p=2945 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [16] => WP_Post Object ( [ID] => 2953 [post_author] => 5 [post_date] => 2016-01-16 00:27:30 [post_date_gmt] => 2016-01-15 16:27:30 [post_content] => If you wish to apply for maintenance for your child, your lawyer will have to take out an application and file it personally with you at the Family Registry at Level 1 of the Family Justice Courts. After completing and submitting your application for maintenance, which is in the form of a Magistrate’s Complaint, you must swear or affirm your complaint before a Magistrate or District Judge. If your application is in order, a summons will be issued to your child’s father (i.e. the respondent). A letter will then be sent to the respondent to accept the summons at the Maintenance Registry of the Family Justice Courts on a stipulated date and time. Mediation will then be arranged for parties so that parties can seek to reach an amicable settlement. If a settlement is reached, both parties shall be brought before a Magistrate or District Judge to have the settlement recorded as a Court order – this will then conclude your case. However, if no settlement is reached, both parties will be given a court date for the hearing. The case will be mentioned at Court 1 of the Family Justice Courts to be heard before a District Judge. During this mention, the Judge will:
  1. Consider whether the case may be resolved by agreement
  2. Give orders on the production of evidence e.g. CPF statements, salary slips, IRAS Notices of Assessments and list of personal monthly expenses
  3. Give orders on the filing of affidavits
  4. Determine how many days are needed for the hearing and fix trial dates accordingly.
Maintenance order trials are be held in open court. Both parties will have to give evidence before the Judge to prove your respective cases. The Judge will make the necessary orders after the hearing is over.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Child Maintenance Application in Singapore [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-maintenance-application-in-singapore [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:32:26 [post_modified_gmt] => 2016-05-02 04:32:26 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg/?p=2953 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [17] => WP_Post Object ( [ID] => 2956 [post_author] => 5 [post_date] => 2016-01-15 00:33:13 [post_date_gmt] => 2016-01-14 16:33:13 [post_content] => Avoiding financial mistakes in a divorce can go a long way in easing the pain. From not being aware of all joint marital assets to ignoring alternative dispute resolution avenues, we highlight these critical points so that you can avoid making them. Being aware of Your Assets If your partner has a better understanding of the joint marital assets, they are likely to fully understand the current financial standing. If you suspect that your spouse is likely or in the process of liquidating or re-titling joint marital assets, notify the holder in writing and get a restraining order from the court, you may proceed to take out an application in court for dissipation of marital assets. Be aware of all your assets and how much cash is in your joint savings/ investment accounts (shares). You will need to make an inventory of all the marital assets before even contemplating splitting them up. In addition, you should track your insurance policies and all outstanding family debt. Holding On to the Family Home The parent with primary custody of the children will usually want to stay in the family home to limit disruptions in the children's lives. However, you may not be in a financial position to take over the loan. Before you decide if keeping the house is the right move, understand if you meet the eligibility criteria to retain the flat. For a HDB dwelling you may need to refinance the loan if there is an outstanding mortgage on the property. As a single parent, you would be eligible to retain the flat if you have care and control of your children. If you do not have children, you would be able to retain the flat under the Single Singaporeans Scheme if you are a Singapore citizen who is at least 35 years old and your matrimonial flat is a resale flat purchased from the open market without the CPF Housing grant for family. Otherwise, you may have to consider selling your home and downsizing. You would be eligible to sell your HDB flat if you have reached the minimum occupancy period (MOP) of at least 5 years. Not Considering Mediation or Collaborative Divorce If you and your spouse want to avoid the financial and emotional aggravation of a contested divorce (courtroom battle) and willing to come to agreements outside of court, the alternative dispute resolution route provides more flexibility than the adversarial legal process. Collaborative divorce puts you and your spouse in control as well as saving parties thousands of dollars in legal fees. Forgetting to Update Estate Documents If you are contemplating filing for divorce, it is important to make or update your Will. Under the law, at least half of your assets will go to your spouse in the event of your demise if you do not have a Will. Hence, you may wish to instruct a lawyer to prepare a Will for you. You will then be able to specify who will receive your assets and in what proportions. You should also note that a Will executed before your marriage is automatically revoked once you get married. Conclusion Divorce is not a pleasant process, but it can be made even more unpleasant if you make critical financial mistakes. The ultimate goal of a successful divorce is for you to part ways with youth fair share of the assets.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Avoiding Financial Mistakes in Your Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => avoiding-financial-mistakes-in-your-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:15:50 [post_modified_gmt] => 2016-05-02 02:15:50 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg/?p=2956 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [18] => WP_Post Object ( [ID] => 2437 [post_author] => 3 [post_date] => 2015-12-16 18:16:25 [post_date_gmt] => 2015-12-16 10:16:25 [post_content] => During divorce, child custody is one of the issues that many parents grapple with. To start off, a ‘child’ of a marriage is defined in the Women’s Charter, as a child who is under 21 years of age. Custody refers to the parent who has legal decision-making authority in the life of a child. This decision-making authority commonly includes major life issues such as health, religion and education. The parent, which has care and control over the child, is the parent with whom the child lives with on a day-to-day basis. A parent with sole custody of the child is given exclusive care and control to the child, and is given power to make major life decisions for the child. This custody arrangement is rare, and is usually issued by the court only when the other parent is deemed ‘unfit’ for custody. In a sole custody situation, the court may grant visitation rights to the other parent. However, these visits may be supervised, especially if the parent deemed ‘unfit’ for custody has a history of domestic abuse or violence. In most cases in Singapore, the court grants parents with joint custody, usually with one parent having care and control over the child. In this case, both parents play a part in making major life decisions for the child. The court has generally been in favour of joint custody so that parental bonds are maintained and both parents can execute their common responsibilities for the upbringing and development of their children.
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free 20 minute consultation with one of our family lawyers.
Call us on +65 6337 0469
[post_title] => Understanding Child Custody: Sole Custody & Joint Custody [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => understanding-child-custody-sole-custody-joint-custody [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:33:08 [post_modified_gmt] => 2016-05-02 04:33:08 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2437 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [19] => WP_Post Object ( [ID] => 2426 [post_author] => 3 [post_date] => 2015-11-23 17:29:22 [post_date_gmt] => 2015-11-23 09:29:22 [post_content] => DO NOT BE FOOLED, IT’S TIME TO BE AWARE, there are many untruths found in several websites. As a lay person, you might not know what is right or wrong and what the Law is. Let us show you the untruths told. UNTRUTH: YOU CAN GET A DIVORCE IN ONE MONTH How is this possible when you have a mandatory waiting period of 3 months to Final Judgment (Final Divorce Certificate)? UNTRUTH: FIXED FEE DIVORCE OF S$990 Court stamp fees, disbursements and GST will take up a chunk of this. You are not served by a lawyer but an administrator. You have to pay a separate fees to see and consult a lawyer and this results in you spending more money. UNTRUTH: CHEAPER TO DIVORCE OVERSEAS If you meet the requirement to divorce in Singapore, then consider filing papers in Singapore. Do not get tricked into engaging an overseas divorce lawyer of the country of your origin as it will usually involve 2 sets of fees (Barrister & Solicitor) particularly in the UK and Australia. You will end up paying more than what you bargained for. UNTRUTH: SPECIALIST DIVORCE LAWYER Many claim they are specialists. Do not be fooled. Look into the law firm’s / lawyers’ credentials. It’s not the law degree that makes the lawyer whom he or she is. The lawyer needs to undergo further training and development with continuing education. Certification in Negotiation, Accreditation in Family Mediation and Collaborative Family Practice is a must have. UNTRUTH: LITIGATE DO NOT SETTLE Many advocate that you are showing your weakness if you choose or opt to go for mediation, making you feel that you do not have a strong case. This myth is false. This is one way of milking you and making you pay more for litigation costs rather than go for early settlement. UNTRUTH: IT IS OK FOR YOU TO CONCEAL YOUR ASSETS AND NOT REVEAL YOUR TRUE INCOME This is wrong. You have a duty to provide full and frank disclosure to the Court. UNTRUTH: YOU CAN LIE IN COURT AS IT IS YOUR WORDS AGAINST HIS/HER WORDS You cannot lie on any court documents. As the law allows for an action to be commenced against the person who lied. Usually such draconian measure is taken by the court, if the court finds one party has blatantly lied to advance his/her position/claim. UNTRUTH: LET THE LAWYER DECIDE WHAT IS FAIR FOR YOU A lawyer can guide and advice you on what is fair for you based on the law. Having a lawyer to make the decision for you is wrong. You need to be given options on how to move forward on your case. This involves your life and future and you must be satisfied with the outcome as it has to be one that you seek.
If you are filing for an Uncontested Divorce, contact one of our Divorce lawyers who will explain the divorce process and assess whether you meet the requirements to file for divorce.
Call us on +65 6337 0469
[post_title] => 8 Untruthful Claims About Divorce Procedures [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 8-untruthful-claims-about-divorce-procedures [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:22:26 [post_modified_gmt] => 2016-05-02 02:22:26 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2426 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [20] => WP_Post Object ( [ID] => 2373 [post_author] => 3 [post_date] => 2015-11-03 13:00:13 [post_date_gmt] => 2015-11-03 05:00:13 [post_content] => Keep Calm – the key to making the right decisions and getting a fair settlement depends on your ability to remain calm whilst negotiating the divorce settlement. Negotiating the divorce process with clarity will save you a lot of money as well as maintain your peace of mind. Be Mentally PreparedPreparing oneself emotionally for divorce is the best way to gain one`s strength and courage. Your inner power will come from information, knowledge and self-belief. Keeping these principles in mind will help you “see the road ahead” with more clarity and make divorce less painful. Do Not Involve Your Children – Children who are caught in the middle of their parents’ divorce will suffer “significant harm”. Avoid ridiculing, yelling, cursing, or arguing in front of the children or where the children will hear. Children are better off with one sensible, responsible parent than two feuding ones who frequently break these rules. Children should never be used as a messengers, allies, spies or be restricted as to what they can say to the other parent. Do your homework – Identify what is important to you. The most common divorce issues that will come up include child custody/support, division of property/marital assets and spousal maintenance. Once you better understand the issues involved in your case, you will be in a better position to establish priorities both in terms of what is important and not so important to you. Getting this balance right should enable you to resolve your case. This way, you’ll find out pretty quickly whether you and your spouse will be able to agree. Seek legal advice/representation – Seeing a specialist matrimonial lawyer will take the stress and guesswork out of the divorce process. Your divorce lawyer should be able to help familiarise you with the divorce laws in Singapore so that you can make informed decisions on how to move forward on your case. They will also help to ensure that any agreements that are reached between you and your spouse are fair, reasonable and thorough, to help you avoid any problems in the foreseeable future. Think in terms of building a “friendly” working relationship with your soon to be ex – Undoubtedly, Divorce creates a breakdown of trust and communication between divorcing spouses. How can you as a parent move on and help maintain a healthy parent-child relationship? If you can accept that the children of the marriage need to continue in a meaningful relationship with both parents, then you are ready to move-on and make a positive impact on your children`s lives. Children of divorce can thrive if parents consciously focus on helping them feel secure and loved.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Tips For A Painless Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => tips-for-a-painless-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:13:45 [post_modified_gmt] => 2016-05-02 02:13:45 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2373 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [21] => WP_Post Object ( [ID] => 2361 [post_author] => 3 [post_date] => 2015-11-03 11:45:07 [post_date_gmt] => 2015-11-03 11:45:07 [post_content] => Pre-nuptial agreements can be entered into before marriage and acts as a protection to parties in the unforeseen “what if” situation of parties getting separated. Entering into a pre-nuptial agreements also aid parties in moving into the marriage on full and frank terms. Post-nuptial agreements can be entered into any time after the marriage but before parties seek a divorce and is most commonly entered into where there has been a significant change to the circumstances since the marriage. Essentially, it is similar to a pre-nuptial agreement except that it is made after the marriage. The advantage of post-nuptial agreements is that it is generally more current in reflecting parties’ intention and wishes.
  Pre-nuptial Agreements Post-Nuptial Agreements.
When? Entered into before the marriage. Entered into anytime during the marriage but before parties seek a divorce
General Rule Both agreements would be enforceable once it is incorporated into a Court or Consent Order.
Relevance Both agreements would be assessed by the Court in deciding the ancillary matters namely maintenance, division of matrimonial assets and arrangements surrounding the children.
Advantages Parties can agree on the division and ownership of each asset and arrangements surrounding the children. Parties can agree on various issues from maintenance matters, arrangements for the children who arrive after the marriage to the division of matrimonial assets.
Comparison against each other Post nuptial agreements are more current in reflecting parties’ intentions as compared to pre-nuptial agreements. To work around this, parties can easily incorporate a clause in either of the agreements to allow for revision or re-negotiating of the terms periodically or upon a material or drastic change in circumstances. This would ensure that either of the agreements will remain up to date to reflect the current circumstances.
Binding effect The Court would assess the weight to be given to the agreements in coming to a just and equitable decision. Where the arrangements are in the best interest of the children, the agreements would be highly persuasive.


Pre-Nuptial Agreements made overseas are recognisable in Singapore based on TQ v TR (2009) SGCA 6, a Singapore Court of Appeal decision. At Gloria James-Civetta & Co, clients can count on one of Singapore`s biggest matrimonial law teams. We are able to dedicate considerable resources to ensuring you get through the divorce process as quickly and smoothly as possible whilst explaining your options so you can choose which one best protects your interests and those of your loved ones. [post_title] => Existence of pre-nuptial and Post-nuptial agreements [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => existence-of-pre-nuptial-and-post-nuptial-agreements [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:38:30 [post_modified_gmt] => 2016-05-02 06:38:30 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2361 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [22] => WP_Post Object ( [ID] => 2315 [post_author] => 3 [post_date] => 2015-11-02 15:37:51 [post_date_gmt] => 2015-11-02 07:37:51 [post_content] => Things to Note when instructing a divorce lawyer: A. What you need to inform the lawyer
  1. Both parties (Party1 and Party2) to have a discussion on the ground for divorce on whether it is proceeding as :
  • Fault basis - Adultery OR Unreasonable Behaviour
  • No Fault basis - 3 years separation with consent OR 4 years separation
  1. Which party will be the Plaintiff or the Defendant.
  1. Do the parties have a settlement? have they reached an agreement on the ancillary issues pertaining to the following:
  • Children:
    1. Custody (joint or sole)
    2. Care and Control (sole / shared / split)
    3. Access (liberal / reasonable / supervised) & (to be specifically detailed or mutually agreed)
    4. Maintenance
  •  Wife Maintenance:
    1. $1
    2. $ Specific sum per month / for any period of time?
    3. or no maintenance
    4. or Lump sum maintenance
  •  Division of Assets:
    1. What is the pool?
    2. How will it be divided?
    3. Any other ancillary issues?
  1.  Costs – who will bear? One party or shared?
Logo-GloriaJames-Civettta-whiteBG B.         The Process

process

  1. One party (Party1) to engage a lawyer(Lawyer1) to provide the instructions.
  2. Lawyer 1 draws up the draft divorce papers. This includes the statement of claim, statement of particulars, terms of settlement and sends to Party 1.
  3. Party 1 discusses the1stdraft withParty2.
  4. Party1informs Lawyer1of the amendments to be made on the1stdraft (if any), pursuant to discussion with Party 2.
  5. Lawyer1 makestheamendmentsandsends2nddraftto Party 1.
  6. Party1andParty2 discuss again.
  7. Party 2 has the option to seek independent legal advice on the draft divorce papers.
  8. In the event Party 2 opts not to, and is in full agreement with the draft divorce papers, Party 1 will then convey to Lawyer 1 to draw up the final paper for the parties’ execution before a Commissioner for Oaths.
  9. Party 1 and Party 2, meet with Lawyer 1 and Commissioner for Oaths to sign the papers.
  10. Papers are filed in court and set down as an uncontested divorce hearing date is fixed. [Usually 3-4 weeks’ time]
  11. Parties’ attendance is dispensed with.
  12. Interim Judgment is granted.
  13. Final Judgment is extracted in 3 months’ time.
[NB: Mandatory 2-hr counseling session for parents to attend if they have children below the age of 21 yrs. This is conducted before the extraction of the Final Judgment certificate.]
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Simplified Divorce Process – Checklist (for uncontested matters) [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => simplified-divorce-process-checklist [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:36:43 [post_modified_gmt] => 2016-05-02 05:36:43 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2315 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [23] => WP_Post Object ( [ID] => 2303 [post_author] => 3 [post_date] => 2015-11-01 15:58:16 [post_date_gmt] => 2015-11-01 07:58:16 [post_content] => Divorce is a widely discussed subject and people have a tendency to underestimate or over exaggerate the information concerning the divorce process in Singapore. What we hear is often inaccurate or incorrect concerning your particular set of circumstances. Misinformation will lead you to have incorrect beliefs and expectations, which, in turn, will lead you to making incorrect choices. This article is meant to dispel some of the most common myths under Singapore divorce law. Am i still able to proceed to divorce even if my spouse opposes the grounds for divorce? Yes,you will still be able to commence and proceed to file for divorce. However, you need to be ready for your spouse to contest the matter by either filing a Defence and or Counterclaim. Be it as it is, you should not fret as for every 10 divorce cases, only 1-2 proceed as a Contested Divorce. READ MORE Does Adultery affect who gets custody of the children? The divorce and ancillary matters (which include children issues) are two separate parts of the whole process. The grounds of divorce ordinarily do not affect ancillary matters. However, in some instances one may use the fact that the other (who is committing or has committed adultery) to show that the latter is neglectful of the children and chooses to spend more time with a third party. Thus, it will not generally affect the issue on custody but places more weight consideration in the care and control element, ie primary residence of the child and which parent the child should continue to live with. READ MORE If my spouse and i reach settlement, do we still have to court? If parties agree on all the terms from the commencement of divorce proceedings which goes on a simplified route, then parties’ attendance are dispensed with (you would not need to attend Court). If there is an issue, your lawyer would then need to attend court to seek clarification and do the needful as required by the Court. Where there are children below 21 years of age, the Court will then direct that parties attend the mandatory counseling session which takes place in the period between the Interim Judgment and Final Judgment. This 2-hr session is conducted by a court appointed counselor who is tasked to ensure that parties continue to be good parents despite divorcing. READ MORE Can my children choose who they want to live with? What is the age of reason? In heavily contested divorce proceedings, the Court may appoint counselors to interview the children during the CFRC session. Your children are able to express their wishes to the counselors and in some cases, the Judge. There is no stipulated “age of reason” though usually children above 5 years have been interviewed by judges. In some cases, the Court may appoint a Child Representative (a lawyer) who acts as the child’s voice. READ MORE If i want to annul marriage, how short does the marriage need to be? In certain circumstances (as defined in the Women’s Charter), annulment would need to be filed within 3 years of the marriage. If you are relying on the grounds of incapacity to consummate or willful refusal, you can still file for an annulment even if it’s more than 3 years. However, you will have a heavy burden as you will need to be able to convince the Court that the grounds have been sufficiently made out. READ MORE Does child support include extracurricular, or activity expenses? Yes. Essential extracurricular or activity expenses will normally be taken into account by the Court. READ MORE Can i date before my divorce is final? Yes you can once Interim Judgment is granted. Are 13 month bonuses, and commissions included in calculating my annual income? When assessing the income of parties, the Court often refers to the IRAS Notice of Assessment Statements which would indicate all income.
If you are considering filing for divorce we invite you to a free 20 minute consultation on the divorce process in Singapore with one of our dedicated matrimonial lawyers. There is no obligation. Your discussion with us is confidential.
Call us on +65 6337 0469
[post_title] => 8 Key Divorce Questions Demystified [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 8-key-divorce-questions-most-people-ask [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:21:49 [post_modified_gmt] => 2016-05-02 02:21:49 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2303 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [24] => WP_Post Object ( [ID] => 2280 [post_author] => 3 [post_date] => 2015-10-25 15:06:46 [post_date_gmt] => 2015-10-25 07:06:46 [post_content] => Women cheating on their husbands has been on the rise in Singapore in recent years so it’s not surprising that one of the most frequently asked questions our divorce lawyers hear in our practice is “Will cheating affect my divorce case?” Where adultery is the cause of marriage termination, people have a tendency to assume that the faithful spouse holds all the advantages in the divorce proceedings. In fact, this is not correct in the majority of cases. In this article, we look at the impact that Adultery can have on a divorce proceeding. A woman`s adultery and custody of  the children As long as the cheating wife has been a good mother and not exposed her children to the extra-marital relationship or exposed them to inappropriate situations, adultery will generally not play a role in determining, which parent is given custodial rights to the children. Ultimately, the child`s welfare principle comes into play in determining the child`s custody, care and control issues. Adultery and assets As in  most divorce cases, where adultery has been committed by one of the persons in the marriage, it should not play a role in determining the separation of assets. Effects of adultery on the negotiating table The discovery of adultery and the emotions accompanied with it are a ticking time bomb waiting to explode at the negotiation table. In these situations, the financial costs of conflict can be significantly higher. Whilst adultery may not play a role in determining the custody of the children or distribution of assets, it is important that your divorce lawyer have the necessary negotiation / mediation skills to avoid the emotions of a lengthy and costly courtroom battle. The Child`s Welfare Principle When making custody-related decisions, the court holds the best interests of the child as the first and paramount consideration. The best interests of the child are measured by their moral and religious welfare, physical well-being, ties of affection, happiness, comfort and security. The courts will apply the welfare principle to the facts of the case. Factors considered in determining welfare of the child are not exhaustive and include:
  • the wishes expressed by the child 
  • parental responsibilities demonstrated by each of the child's parents
  • a violence order (PPO) that applies to the child or a member of the child's family
  •  the need to protect the child from physical or psychological abuse (abuse, ill-treatment, violence)
  • the maturity, sex, background and the need to maintain a connection with the lifestyle, culture and traditions of the child
  • the effect of separation from either of his or her parents or any other person with whom he or she has been living (eg; grandparents)
To seek further clarification, please contact us for a free 20 minute consultation on the divorce process with one of our family lawyers.
Call us on +65 6337 0469
[post_title] => A Woman`s Adultery [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => a-womans-adultery [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:28:30 [post_modified_gmt] => 2016-05-02 03:28:30 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2280 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [25] => WP_Post Object ( [ID] => 2270 [post_author] => 3 [post_date] => 2015-10-12 13:20:12 [post_date_gmt] => 2015-10-12 05:20:12 [post_content] => If you have children, you may have an overwhelming desire to take them back to your home country. Removing the children from Singapore without the permission of the other parent could amount to child abduction. Therefore, it is essential that you seek legal advice from an experienced international matrimonial lawyer about the rules and ramifications of removing children from Singapore without your spouse’s agreement. It is likely that you will require the court’s permission. If you and your spouse wish to live in different countries following your divorce in Singapore, issues will have to be addressed about where and with whom the children will live, as well as arrangements put into place for contact between the children and their ‘non-resident’ parent. Cross-border divorces are far from straightforward and the legal implications complex, having a clear understanding of the potential issues that will arise and how they should be addressed and resolved will enable you to deal with these issues more swiftly. You should contact an experienced international Divorce Lawyer to help you check your position before discussing which way to move forward in your case. For further information please visit http://expatdivorce.sg/child-issue-2/#more-932
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.
Call us on +65 6337 0469
[post_title] => Children in an International Divorce – Singapore Expat Divorce Lawyers [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => children-in-an-international-divorce-singapore-expat-divorce-lawyers [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:36:22 [post_modified_gmt] => 2016-05-02 04:36:22 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2270 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [26] => WP_Post Object ( [ID] => 2961 [post_author] => 5 [post_date] => 2015-10-06 00:39:09 [post_date_gmt] => 2015-10-05 16:39:09 [post_content] => Educate yourself about the divorce process Your knowledge is power—the more you are informed about your rights, the better off you’ll be in the long run. Do your research, read divorce articles online before you see a divorce lawyer so that you can give them a clear picture of your situation and circumstances; what are the fees at the different stages of proceedings? does he/she offer capped fee representation? Is there a “fixed fee” divorce package on offer? TIP: The letter of engagement is the working contract between you and your lawyer, so read it carefully and thoroughly. The engagement letter should describe the nature of your legal matter, terms and conditions of the relationship between you and your lawyer and estimated range of costs. Set a clear course of what is important to you Going through your divorce with a clear set of priorities will help you pick your battles. Prioritise what is most important to you and to your spouse and establish if you can find solutions that give each of you what you want. This is as simple as it gets: less conflict = less fees. Why spend unnecessary thousands of dollars fighting over inconsequential issues. Avoid aggressive and bombastic lawyers Much time is spent racking up fees in contested proceedings which may have been avoided if reason and calm had prevailed. Remember that there are no winners when a divorce turns into a war. It is best to be reasonable and look for a reasonable and experienced lawyer. Establish how your potential lawyer would characterize their approach to divorce cases in general. You should be hearing words like reasonableness, best interests, compromise and minimizing conflict. Find a level headed lawyer who is trained and experienced in Mediation, Collaborative Law, only turning to the courtroom Litigation process when all avenues have been exhausted.
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.
Call us on +65 6337 0469
[post_title] => 3 Tips to a Cost Effective Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 3-tips-to-a-cost-effective-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-03 16:06:13 [post_modified_gmt] => 2016-05-03 08:06:13 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg/?p=2961 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [27] => WP_Post Object ( [ID] => 2251 [post_author] => 3 [post_date] => 2015-10-05 11:59:08 [post_date_gmt] => 2015-10-05 03:59:08 [post_content] => Ms Gloria James is a Child Representative Lawyer appointed by the courts, trusted with the responsibility of representing and safeguarding the interest of children in court proceedings. What is a Child Representative? A Child Representative is a neutral third party who represents your child’s best interests and does his/her best to advance the child’s best interest at family court proceedings. A Child Representative does not take an observatory role in court proceedings but instead he/she brings to the court’s attention with matters relating to the child’s interest and facilitate all communication between the child and the court. This encourages any decision to be made with reference to the child’s best interest. A Child Representative does not represent the interests of the parents and accordingly does not give the parents legal advice. The Child Representative’s duties lie with the child. The rules governing the appointment and role of a Child Representative in contained in section 30 – 34 of the Family Justice Rules 2014. When and how is a Child Representative appointed? The Child Representative represents the voice of the child and presents an objective assessment of the arrangements which are in the best interests of the child. In order to be appointed as a Child Representative, that individual has to on the Child Representative Panel. He/she will have to show that they have practised at least 7 years in family law, be an accredited mediator and provide two references. The Child Representative is expected to have the experience working with children. In cases where a child is party of any action or where the action involves a child or the custody or welfare of the child, the Family Justice Courts, in their discretion, may order that a Child Representative be appointed. The court would make such an appointment where it is of the view that it is in the best interests of the child to do so. Some examples of when the court may think it appropriate to appoint a Child Representative includes high-conflict proceedings involving disputes over custody of and access to children or highly acrimonious situations. Alternatively, parties can also request that the Court appoints a Child Representative by informing the court why it is important to do so in their case. Parties may have to contribute towards the costs of the Child Representative. How will the Child Representative assess the child's best interests? The Child Representative will spend time with the child to understand the child’s views towards the discussed arrangements relating to the child and explain to the child the legal proceedings in a language and manner he/she understands. In his/her assessment, the Child Representative may also ask for reports from teachers, counsellors or other professionals who are in contact with the child; he/she also helps to facilitate with the child and the parents’ cooperation with other professionals and to explain the process and purposes of meetings with the other professionals to them. The Child Representative may also arrange a meeting with parties and/or their lawyers to talk about issues affecting the child. In some instances, these meetings help parties to arrive at a settlement or consensus following which the lawyers or the Child Representative may inform the Court accordingly to record a Consent Order. What happens to the Child Representative after a final court order is made? The Child Representative will prepare the child in advance of the end of his/her role. The Child Representative’s role will end shortly after the court makes a final order. After which, he/she informs the child of the final court order and its implications. Can a Child Representative be removed? The Court may exercise its discretion in the removal of a Child Representative on its own initiative. The court may exercise its discretion in the removal of a Child Representative on its own initiative. Parents of the child or any other party to the case may apply to the court to have the Child Representative removed. The court will only do this in exceptional circumstances where there is evidence that the Child Representative:
  • Has a conflict of interest
  • Is acting against the best interests of the child
  • Is not doing his/her job professionally
Parents of the child or any other party to the proceedings who wishes to apply to have the Child Representative removed should seek legal advice first as costs may be ordered against the applicant if they are unsuccessful. As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists, Trained Mediators, Collaborative Lawyers and Family Dispute Resolution Practitioners are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases. We don’t just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Appointment of Child Representative Lawyer in Conflict Cases [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-representative-appointment [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:38:32 [post_modified_gmt] => 2016-05-02 04:38:32 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2251 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [28] => WP_Post Object ( [ID] => 2201 [post_author] => 3 [post_date] => 2015-09-07 14:26:00 [post_date_gmt] => 2015-09-07 06:26:00 [post_content] =>

Budget for divorce expenses.

Do your homework regarding the range of expenses involved in your divorce. If your divorce is uncontested, then it`s relatively inexpensive, but a contested one could range anywhere from $3,000 to 14,000, depending on complexity of issues involved and what stage issues are resolved at. With hourly rates for divorce lawyers ranging anywhere from $350 to $650 per hour, it would be wise to lock into a package where set fix fees are set in place to certain stages of your divorce proceedings (for certainty of charges). If your divorce is likely to be amicable, you can look into using a trained mediator/lawyer, which is much less expensive than parties hiring their own set of lawyers. RELATED: The 5 Divorce models in Singapore | Mediating Your Divorce | Contested v Uncontested Divorce

Put together the right team.

Find a lawyer who specializes in matrimonial proceedings with a large pool of dedicated matrimonial lawyers and office staff. The last thing you need is a “jack of all trades” or a sole operator with limited resources and office staff. If you and your spouse want to settle matters amicably, your divorce lawyer should also come from a law firm trained and proficient in Mediation and Collaborative Divorce. RELATED: Collaborative Divorce in Singapore | Family and Divorce Mediation

Update your beneficiary forms

Importantly, you should review the beneficiaries/nominees for any life insurance policies, retirement accounts, wills and bank accounts as the beneficiary listed will receive these payouts in your demise. Even if you get remarried and you change your will, for certain policies, if the beneficiary listed is still your ex, your ex is getting that money. RELATED: Matrimonial Assets before Marriage | Division of Matrimonial Assets in Singapore
Gloria James-Civetta & Co (“GJC Law”), is an established Law Firm, with one of largest matrimonial law departments in Singapore.
“You don`t just get lawyer – you get an entire team”
Call us on +65 6337 0469
[post_title] => 3 Points to Consider before Filing for Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 3-steps-to-take-before-getting-divorced [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:28:55 [post_modified_gmt] => 2016-05-02 02:28:55 [post_content_filtered] => [post_parent] => 0 [guid] => http://singaporedivorcelawyer.com.sg//?p=2201 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [29] => WP_Post Object ( [ID] => 2190 [post_author] => 4 [post_date] => 2015-09-05 12:36:01 [post_date_gmt] => 2015-09-05 04:36:01 [post_content] =>

1. Grounds For Divorce

Divorce in Singapore is based on 'irretrievable breakdown' but this claim must be backed by evidence of one or more of the following:
  • adultery
  • unreasonable behaviour
  • desertion
  • 2 years separation with consent or 3 years separation without consent.

2. Adultery or Improper Association

If you don't have photographic evidence of 'adultery', you can still file under 'improper association' and bring in the 3rd party as a co-defendant to answer to your claims.

3. Contesting The Grounds For Divorce

More often than not, there is no point in contesting the grounds for divorce because the fact that one party to the marriage has proceeded to file their petition for divorce is a clear indication that the marriage has irretrievably broken down. The grounds for divorce may be toned down to avoid escalating the conflict.

4. Bearing on the Division Of Assets and Children Issues

In the vast majority of cases, the chosen grounds for divorce have absolutely no bearing on the division of matrimonial assetscare and control or access to children.

5. Contested Or Uncontested Divorce

Unless you and your spouse disagree about the division of assets, arrangements for children, or finances, there is no need to go to court. Your lawyer must be a trained mediator / Collaborative law practitioner, offering these optional services as a cost saving alternative to the costly courtroom battle before a judge.

As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists, Trained Mediators, Collaborative Lawyers and Family Dispute Resolution Practitioners are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.

"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => 5 Things You Need to Know Before Filing for Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 5-things-you-need-to-know-before-filing-for-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:30:25 [post_modified_gmt] => 2016-05-02 02:30:25 [post_content_filtered] => [post_parent] => 0 [guid] => http://demo-df.com/sdl/?p=2190 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [30] => WP_Post Object ( [ID] => 2188 [post_author] => 4 [post_date] => 2015-09-05 12:33:59 [post_date_gmt] => 2015-09-05 04:33:59 [post_content] =>

Are Assets Acquired by One Party Before the Marriage considered Matrimonial Assets in Singapore Family Law?

Division of matrimonial assets is part of family law in Singapore. According to Section 112(10) of the Women’s Charter, which is the basis statute dealing with family law in Singapore, assets acquired before marriage are matrimonial assets if they are:

i.   Ordinarily used or enjoyed by both parties or one or more of their children while the   parties are residing together; or

ii.  Has been substantially improved during the marriage by the other party or by both   parties to the marriage

What consists in Singapore family law efforts that “substantially improve” the asset?

There is no clear definition on what efforts are required to “substantially improve” the asset in Singapore family law. However, according to case law of family law in Singapore:

i.      Has to be direct connection between efforts of other party and the improvement of the asset

ii.     Indirect contributions such as financial contributions to the household are usually too remote, vague, and unable to result in substantial improvement;

iii.    An exception to the above in Singapore family law is that if the indirect contributions allowed the other party to fully devote their time and energy to the improvement of asset

Family lawyers at Gloria James Civetta & Co Law Firm will be able to provide further legal advice on this issue of family law in Singapore.

From whom must the effort of substantially improving the asset come from?

According to Singapore family law, the effort must come either from the spouse other than the one who acquired the property or from both spouses. As Singapore family case law Chow Hoo Siong v Lee Dawn Audrey established, it is irrelevant whether the husband who acquired the assets made substantial improvements, and that the only relevant consideration in Singapore family law regarding whether the asset should be a matrimonial asset is whether the wife did the same.

To get a better picture on this issue or if you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our friendly divorce lawyers.
Call us on +65 6337 0469
[post_title] => Matrimonial Assets before Marriage [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => matrimonial-assets-before-marriage [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:50:37 [post_modified_gmt] => 2016-05-02 03:50:37 [post_content_filtered] => [post_parent] => 0 [guid] => http://demo-df.com/sdl/?p=2188 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [31] => WP_Post Object ( [ID] => 2186 [post_author] => 4 [post_date] => 2015-09-05 12:29:51 [post_date_gmt] => 2015-09-05 04:29:51 [post_content] => What is Family Violence?

Section 64 of the current Women’s Charter defines “family violence” as the commission of any of the following acts:

(a)  willfully or knowingly placing, or attempting to place, a family member in fear of hurt;

(b)  causing hurt to a family member by such act which is known or ought to have been known would result in hurt;

(c)   wrongfully confining or restraining a family member against his will; or

(d)  causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.

The Provision and its Significance

Under the Women’s Charter (Pt VII ‘Protection of Family), family members are protected from violent conduct which emanate from within the victim’s own family, such as the situation where one member of the family threatens to inflict or inflicts violence on another.

Victims may apply to court for a Personal Protection Order.

This is important as fear and threats of further acts of violence is more eminent when it comes from a family member as compared to a stranger. Furthermore, the fact that children may become involved and therefore threatened increases the importance of protecting family members against acts of domestic violence.

Persons Protected

Family members as defined in Section 64 of the Women’s Charter refer to: -

(a)  a spouse or former spouse of the person;

(b)  a child of the person, including an adopted child and a step-child;

(c)   a father or mother of the person;

(d)  a father-in-law or mother-in-law of the person;

(e)   a brother or sister of the person; or

(f)    any other relative of the person or an incapacitated person who in the opinion of the court should, in the circumstances, in either case be regarded as a member of the family of the person.

The provision protects all persons listed above.

Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.
Call us on +65 6337 0469
[post_title] => Family Violence [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => family-violence [to_ping] => [pinged] => [post_modified] => 2016-05-03 16:16:44 [post_modified_gmt] => 2016-05-03 08:16:44 [post_content_filtered] => [post_parent] => 0 [guid] => http://demo-df.com/sdl/?p=2186 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [32] => WP_Post Object ( [ID] => 2184 [post_author] => 4 [post_date] => 2015-09-05 12:27:14 [post_date_gmt] => 2015-09-05 04:27:14 [post_content] =>

1. At what age can a parent stop providing for the child?

In the usual circumstances, the family law in Singapore is such that parents have a legal obligation to provide for a child till the child is 21 years old.

2. Financial independence

However, maintaining the child is a responsibility parents have until the child is able to be financially independent. Unlike in the Western societies, children in Singapore do not move out from the family house until marriage. Also, the society does not expect the undergraduate to work for his/her own tuition fees and living expenses either. This means that family courts in Singapore will usually order parents to support the child until the child finishes tertiary education (i.e. graduate from university).

This is a rather common situation in Singapore. Thus, when the child is nearing the age to attend universities, the parent can apply to vary the maintenance order to increase the amount of school fees that a university education requires, and also increase the age for which the child support will end at, if the maintenance order does not already cover these.

3. Disabilities

A physical or mental disability mandates parents to provide for the child beyond 21 years old. If the disability is temporary, the maintenance order can continue till the child recovers.

4. Agreement for child maintenance

An agreement can indeed be made about anything regarding child support, such as fixing the child maintenance at a certain amount or even to waive the sum altogether. However, when the case is brought to court, the court will usually rule according to what will be in the interests of the child, and ignore the agreement if it is necessary for the child’s welfare.

Gloria James-Civetta & Co (“GJC Law”), is an established Law Firm, with one of largest matrimonial law departments in Singapore.
“You don`t just get lawyer – you get an entire team”
Call us on +65 6337 0469
[post_title] => Child Support – 4 Things to Know [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-support-4-things-to-know [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:40:12 [post_modified_gmt] => 2016-05-02 04:40:12 [post_content_filtered] => [post_parent] => 0 [guid] => http://demo-df.com/sdl/?p=2184 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [33] => WP_Post Object ( [ID] => 2182 [post_author] => 4 [post_date] => 2015-09-05 12:25:17 [post_date_gmt] => 2015-09-05 12:25:17 [post_content] =>

Do you have an interest in a property held in your spouse’s name?

To understand whether marriage gives you an interest in property owned by your spouse and vice versa, a few terms must first be defined: proprietary interest and beneficial ownership.

Proprietary interest is a term that is used to describe the rights that are given to the legal owner (or partial owner) of a property. This includes a legal interest in property, an equitable interest in the same property or both a legal and equitable interest in the property.

To be a beneficial owner means that although the property or asset may not be under your name, you are still entitled to some of the benefits. This is established by arguing that the legal owner holds

For example, in the High Court case of Tan Evelyn v Tan Lim Tai, although their matrimonial home was under the name of the husband, the court found that the wife had contributed enough to the purchase and upkeep to be beneficially entitled to half of the profits made from the selling of the home. However, in some cases such as in PQR v STR, if you cannot prove that your spouse held you in trust with the property, none of it will be granted to you.

Division of the property

If you are concerned about the division of the property after a divorce, there are numerous factors that will determine how it is to be divided. For example, whether the property was acquired during the course of the marriage will determine whether it is a matrimonial asset to be divided between the parties.

Here at Gloria James-Civetta & Co., one of our esteemed divorce lawyers will present you with high-class legal advice not only about the division of property but also about the division of matrimonial assets.

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Separation of Property in Divorce Proceedings [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => separation-of-property-in-divorce-proceedings [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:52:40 [post_modified_gmt] => 2016-05-02 03:52:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://demo-df.com/sdl/?p=2182 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [34] => WP_Post Object ( [ID] => 2000 [post_author] => 4 [post_date] => 2015-07-06 11:18:58 [post_date_gmt] => 2015-07-06 03:18:58 [post_content] =>

The Singapore Divorce Lawyer Blog is produced by Ms Gloria James, managing partner of Gloria James-Civetta & Co. Ms James has more than 20 years' experience in handling divorce cases and family law proceedings, and will therefore ensure that all issues are taken into consideration in a divorce.

She is a Collaborative Family Practitioner, an Appointed Child Representative Lawyer (Family Justice Court), an Associate Mediator of the Singapore Mediation Centre and PDRC (State Courts) and a member of the Family Law Practice Committee of the Law Society of Singapore.

Our Expertise & Capabilities

  • Gloria James-Civetta & Co, has one of the largest teams of Matrimonial Lawyers in Singapore, equipped with the necessary resources and manpower to handle complex matrimonial proceedings
  • Our Dispute Resolution Team has an excellent track record in resolving complex “high conflict” matrimonial disputes
  • All our lawyers are trained by the Singapore Mediation Centre for dispute resolution
[post_title] => Introduction [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => introduction [to_ping] => [pinged] => [post_modified] => 2016-04-21 10:35:52 [post_modified_gmt] => 2016-04-21 02:35:52 [post_content_filtered] => [post_parent] => 0 [guid] => http://demo-df.com/sdl/?p=2000 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => Introduction简介 ) [35] => WP_Post Object ( [ID] => 1822 [post_author] => 3 [post_date] => 2015-05-14 10:15:27 [post_date_gmt] => 2015-05-14 02:15:27 [post_content] =>

Marital Rape is also known as spousal rape and rape in marriage. It refers to non-consensual sex in which the perpetrator is the victim’s spouse. It is a form of partner rape, of domestic violence and of sexual abuse.

Can I charge my husband with the crime of rape?

Due to traditional views of marriage, interpretations of religious doctrine and different perspectives, many have been reluctant to criminalize and prosecute marital rape. Thus, there was previously a blanket ban against women crying rape by their husbands, also known as the marital rape exception.

Currently, under the Singapore Law, women are now protected from rape by their own husbands under Penal Code 375(4) in certain circumstances such as:

1)     Husband and wife are living separately

-Under an interim judgement of divorce

-Under a judgement or decree of judicial separation

-Under a written separation agreement

-Proceedings for divorce or judicial separation have not been terminated or concluded.

2) There is a court injunction to the effect of restraining the husband from having sexual intercourse with his wife.

3) There is in force a Personal Protection Order or an Expedited Order made against the husband for the benefit of his wife or proceedings have been commenced for the protection order or expedited order and have not been terminated or concluded.

However, many circumstances surrounding the offence will be taken into consideration and you should contact a lawyer to determine your course of action.

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Marital Rape – What is it? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => marital-rape-what-is-it [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:40:24 [post_modified_gmt] => 2016-05-02 03:40:24 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1822 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [36] => WP_Post Object ( [ID] => 1820 [post_author] => 3 [post_date] => 2015-05-14 10:00:16 [post_date_gmt] => 2015-05-14 02:00:16 [post_content] =>

A deed of separation is a private document which may be revoked at any time with the consent of both parties.

Is it legally binding?

Yes, the Deed of Separation is legally binding. However, any party can apply to have any terms stated in the deed set aside by the Family Court. You may contact one of our dedicated Divorce Lawyers to obtain legal advice.

When should I apply for a Deed of Separation?

An individual may choose to apply for a Deed of Separation if he or she wishes to be separated from his or her spouse before applying for divorce. The parties applying for the Deed of separation may still work on reconciliation and saving their marriage while applying for the deed of separation. However, the Deed of Separation may not be advisable in all cases, your family divorce lawyer should be able to advice you based on your personal case.

What are the differences between a deed of separation and divorce judgement?

A divorce judgement ends the marriage between two parties whereas the deed of separation does not end the marriage.

However, the deed of separation can sometimes include orders of financial support for the other party of the marriage, financial support for the child, custody and access. It can also determine the use of shared assets such as the marital home and bank accounts.

At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Getting a divorce: Deed of separation (Separation order) [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => getting-a-divorce-deed-of-separation-separation-order [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:40:54 [post_modified_gmt] => 2016-05-02 06:40:54 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1820 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [37] => WP_Post Object ( [ID] => 1815 [post_author] => 3 [post_date] => 2015-04-30 11:36:51 [post_date_gmt] => 2015-04-30 03:36:51 [post_content] => As seen in the case of Chan Siew Fong v Chan Fook Kee, SCA, [2002] 1 SLR(R) 93 – Significant and exceptional contributions made by one party which resulted in the acquiring of substantial matrimonial assets in which the party might receive more in a just and equitable division. Facts of The Case
  • This was an appeal case, heard with regard to the division of matrimonial assets and the order of maintenance.
  • The main issue in this appeal was whether an inter-spousal gift is a matrimonial asset 
  • The husband was a company executive whilst the wife was a homemaker. Parties had been married for 28 years.
  • The parties owned three properties.
  • The relationship deteriorated through the years and, in 1999, entered into a Deed of Separation
  • In 2007, the Husband agreed to sever the joint tenancy in one of the apartments and gave 40% from his share to the Wife. As a result, she held 90% of that property, the result of the husband having committed adultery. (according to the wife)
  • The wife’s case was based around the fact that the husband had given her 90% equity of the property, with the balance of 10% kept by him merely to continue servicing the loan.
  • The husband argued that he had not” made a gift of his share of the apartment to the wife, but that he had merely severed his share without the intention of giving it away to the wife.
The judge`s decision The Judge justified the inclusion of an inter-spousal gift in the pool of matrimonial assets on the ground that such a gift was “purchased with a pre-existing matrimonial asset” and therefore “does not lose its nature as a matrimonial asset”.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and any other applications to meet your needs.
Call us on +65 6337 0469
[post_title] => Matrimonial Assets - Inter-Spousal Gifts [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => division-of-matrimonial-assets [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:54:46 [post_modified_gmt] => 2016-05-02 03:54:46 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1815 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [38] => WP_Post Object ( [ID] => 1809 [post_author] => 3 [post_date] => 2015-04-20 14:47:08 [post_date_gmt] => 2015-04-20 06:47:08 [post_content] =>

Singapore solicitor, Javern Sim examines why it is important for newly divorced people to review their wills.

Failing to update a will after the conclusion of the divorce can lead to terrible consequences for your loved ones. It is common for married people to appoint each other as Executors and leave everything to the survivor on the first death. If you have one of these wills it is extremely important that the will be revised upon divorce as it is unlikely that you will want this now.

Should you pass away during the divorce process and not have a Will, your spouse will be entitled to as much as HALF of ALL your properties upon your death under the Intestate Succession Act. Even after you file for divorce, this rule continues to apply until the date of Final Judgment. Furthermore, your spouse will continue to have first right to apply for the grant of letters of administration to deal with your properties after your death. The only way to circumvent this is via a Will.

If you wish to leave your assets to your chosen beneficiaries, it is important to leave a Will or make sure you update your existing one to accommodate to your new circumstances, before you commence divorce proceedings. If you wish to have someone else other than your spouse deal with your assets after your death, it is important to appoint different executor in your Will.

You should always have a Will because you decide who the beneficiaries of your estate are. If you have a new partner but not married, he or she will receive nothing unless you include them in your Will.

Make Your Will Online Now!

You can have your Simple Will drawn up easily and cost-effectively at Gloria James-Civetta & Co, simply fill in our online form and submit your information, it should take you no longer than 15 minutes to complete. Upon completion, one of our friendly staff will contact you to arrange for you to come into our office to sign off on your Will. We offer a same day service should you require it on a urgent basis. It`s that simple!

Cost of a Simple Will is $250 nett. Click here to begin

If you require assistance in filling out the online form, Call us on 63370469 and speak to one of our staff.

If you require assistance in filling out the online form, contact us and speak to one of our staff.
Call us on +65 6337 0469
[post_title] => The Importance of Making a Will during Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => the-importance-of-making-a-will-during-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:52:42 [post_modified_gmt] => 2016-05-02 05:52:42 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1809 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [39] => WP_Post Object ( [ID] => 1698 [post_author] => 3 [post_date] => 2015-02-06 13:16:08 [post_date_gmt] => 2015-02-06 05:16:08 [post_content] =>

Three-Year-Bar

Under section 94 of the Singapore Women’s Charter, one is not allowed to file a writ for divorce during the first three years of marriage.

The intention of this section is to promote sanctity of marriage and to ensure that parties do not rush in and out of marriage capriciously (Ng Kee Shee).

Exception: To get out of the marriage despite the Three-Year-Bar

The only exception to this rule is where you are able to show the court that you have suffered exceptional hardship and that there is exceptional depravity on the part of your spouse. To rely on this exception, you would have to make an application to the court in accordance with the Rules of Court. Where the court is satisfied with your application, it would grant leave for you to file the writ and you may be able to get out of your marriage. It is a further requirement that either spouse must have (1) treated Singapore as their permanent place of residence at the start of the divorce proceedings OR (2) resided in Singapore for at least three years immediately before the start of divorce proceedings.

What Constitutes Exceptional Hardship and Exceptional Depravity?

Exceptional hardship is found when the problems in the marriage is quite out of the ordinary and they are more than what an ordinary person should reasonably be asked to bear (Ng Kee Shee). For example, where the wife did not allow any intimacy between herself and her husband and then returned to China, vowing to never return back to Singapore, the court found that exceptional hardship was present (Ng Kee Shee). Also, where the wife, on many occasions, was intentionally intimate with another man in her matrimonial home in front of her husband, the court held that the husband suffered from exceptional hardship and there was exceptional depravity on the part of the wife (Foo Teck Kuan v Chan Yoke Han). In this case, the husband was so devastated that he could not work, had to be clinically assessed and had to consume anti-depressants. However, the exception is not easily made out. In the recent 2014 case of Tan Yan Ling Kyna v Chan Wei Zhong Terence,Choo Han Teck J held that even if the wife’s alleged account of her husband’s abusive behavior were to be accepted, he is nonetheless of the view that they do not constitute sufficient cause to bring the wife’s case within the ground of “exceptional hardship”. This is because there are alternative remedies and relief in cases of abuse such as applications for a personal protection order, or for the aggrieved party to leave the other party (i.e. to live separately). Choo Han Teck J further added that the three-year moratorium is intended to hold out the hope of reconciliation and that even in extreme cases of abuse, the abuser may see the error of his or her ways and seek reconciliation.

Other considerations before the court allows your application

Under section 94 of the Singapore Women’s Charter, in determining any such application, the court would also have regard to the interest of any child to your marriage and consider whether there is reasonable probability of reconciliation between you and your spouse before the expiration of 3 years. The court may also refer the differences between you and your spouse to a Conciliation Officer so that reconciliation between you and your spouse might be effected.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Exception To The "Three-Year-Marriage Bar Rule" [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => exception-to-the-3-year-marriage-bar-rule [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:40:56 [post_modified_gmt] => 2016-05-02 03:40:56 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1698 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [40] => WP_Post Object ( [ID] => 1679 [post_author] => 3 [post_date] => 2015-02-05 11:21:37 [post_date_gmt] => 2015-02-05 03:21:37 [post_content] => Background In Singapore, the only ground on which one can get a divorce is when the relationship between spouses has “irretrievably broken down”. An “irretrievable breakdown of marriage” can be proven on a (1) on fault or a (2) no fault basis on the part of one or both spouses. Under the second limb, you need to show that: (1)   You and your spouse have lived apart for a continuous period of at least 3 years immediately preceding the filing of the writ and your spouse consents to a divorce judgment being granted (2)   Where you are able to show that and your spouse have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ” (spouse does not have to consent to a divorce judgment being granted) (Sections 95(3)(d) and (e) of the Singapore’s Women’s Charter (Cap. 353)) The court must be satisfied that the spouses are living apart and the consortium must further have ceased. Separation Where spouses cohabit for less than 6 months in the middle of their separation, their cohabitation will not cancel out the period of separation prior to cohabitation that count towards 3 or 4 years of living apart (section 95(7) of the Singapore’s Women’s Charter). This is to encourage attempts at reconciliation between parties. Practice Directions Under Singapore’s Supreme Courts Practice Directions (Amendment No. 5 of 2014),to prove “living apart”, you should aid your lawyers in preparing a Statement of Particulars specifically containing the following particulars: (i) The date which you and your spouse commenced separation; Commencement of separation should only be counted from when the parties had the desire to bring the consortium to a permanent end. A physical separation due to a lack of alternative (e.g. for work, studies abroad will not suffice and cannot count towards the time period of separation between parties (Seah Cheng Hock, Deepak Govindran). (ii) The reasons for both you and your spouse’s intention to commence separation (iii) The duration of the separation (iv) The separate residential addresses of you and your spouse during the period of separation (if known); and (v) If you and your spouse have been living in separate households under the same roof for the period of the separation, to give details on how you and your spouse have been living in separate households. Living in Separate Households Spouses can live under the same roof but they must live apart by sleeping in separate bedrooms and keeping separate households (section 95(8) of the Singapore’s Women’s Charter). For example, where parties’ meals were from a common source where the husband provided money for food and the wife bought the food, the courts held that the parties were living under the same household, even though parties slept in separate bedrooms (Le Brocq). Also, where parties slept under different roofs but the husband spent a lot of his waking hours with the wife and children, the courts held that the parties cannot be considered to be living apart (Leong Kwek Keong).
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Living Apart - Ground for Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => living-apart-ground-for-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:30:45 [post_modified_gmt] => 2016-05-02 03:30:45 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1679 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [41] => WP_Post Object ( [ID] => 1675 [post_author] => 3 [post_date] => 2015-02-05 10:56:35 [post_date_gmt] => 2015-02-05 02:56:35 [post_content] => Background In Singapore, the only ground on which one can get a divorce is when the relationship between spouses has “irretrievably broken down”. An “irretrievable breakdown of marriage” can be proven on a (1) on fault or a (2) no fault basis on the part of one or both spouses. Under the first limb, you may be able to get out of your marriage if you are able to show that “your spouse has deserted you for a continuous period of at least 2 years immediately preceding the filing of the writ”. Under section 92 of the Singapore’s Women’s Charter, “desertion” refers to a situation where your spouse has abandoned you against your wishes. Where spouses cohabit for less than 6 months in the middle of their separation, their cohabitation will not terminate desertion (section 95(7) of the Singapore’s Women’s Charter). This is to encourage attempts at reconciliation between parties. However, the 6 months (or less) also cannot be counted as part of the period where the parties lived separately. The Law on “Desertion” If you are relying on proving desertion to get out of a marriage, it is important for you to set out the date of desertion and ensure that the facts pleaded in your Statement of Particulars (SOP) sufficiently prove the fact of desertion. As in the case of Perry v Perry, the fact of desertion can be proven if you are able to show the court that (1) you are living separately from your spouse and that (2) your deserting spouse possessed the intention to desert you. “Living Separately” involves both a physical separation and mental attitude averse to cohabitation on the part of one or both spouses. The courts must have regard to all the surrounding circumstances, including the conduct of the parties and where necessary, the purposes for which physical separation took place before it can come to a definitive conclusion as to the exact date (if there is any) that spouses commenced to live separately (Seah Cheng Hock v Lau Biau Chin). The plaintiff also must show that the defendant had an “Intention to Desert”. An agreed separation cannot give rise to an allegation of desertion (Goh Soo Toon). This is unless despite both spouses initially consenting to separate, one spouse later communicates the desire to resume cohabitation, but the other spouse rejects the offer. In such an instance, the other spouse will be considered to have the intention to desert. As in Seah Cheng Hock, where a couple were physically living apart because of the husband’s studies in a foreign country and not because they wanted to bring the matrimonial consortium to a permanent end, the period of physical separation cannot be considered as “living separately” for the purposes of divorce as there was no intention to desert at the commencement of physical separation. Constructive Desertion If you are the party who has left but you want to bring a case for desertion, you may prove constructive desertion instead of actual desertion. The practical difference between actual desertion and constructive desertion is reflected in the differences in circumstances. As in the case of Seah Cheng Hock, citing the UK case of Buchler v Buchler, to prove constructive desertion, you must show the court that your spouse has been guilty of conduct that ‘drove you away’ from the matrimonial home and that your spouse had done so with the intention of bringing the matrimonial consortium to an end. Your spouse’s conduct must be of such gravity and so clearly established to prove that there was an equivalence of your expulsion from your matrimonial home. When conduct equivalent to an expulsion is proven, the necessary intention that of your spouse to bring the matrimonial consortium to an end is readily inferred (Sicken v Sickert). Lastly, in instances of desertion, the issue is always one of fact and it is important that your Statement of Particulars (SOP) reflect the circumstances of the desertion taking into account the applicable law. We can help you with drafting your SOP.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Desertion for 2 Years [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => desertion-for-2-years [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:31:21 [post_modified_gmt] => 2016-05-02 03:31:21 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1675 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [42] => WP_Post Object ( [ID] => 1660 [post_author] => 3 [post_date] => 2015-01-20 14:08:17 [post_date_gmt] => 2015-01-20 06:08:17 [post_content] => In Singapore, the only ground on which one can get a divorce is when the relationship between spouses has “irretrievably broken down”. There are 5 circumstances that can prove this and one of which is where you are able to show that “your spouse has committed adultery and you find it intolerable to live with him or her”. An adulterer cannot bring an action for divorce based on his or her own adultery.

Adultery

One commits adultery when he or she engages in sexual intercourse with someone other than his or her spouse. In the context of adultery, sexual intercourse is considered to have taken place as long as there is penetration. Although there is no need for confession of adultery, or direct evidence of adultery for adultery to be proven, it has to be shown that the “association of the parties was so intimate and their mutual passion so clear that adultery might reasonably be assumed as a result of an opportunity for an occurrence” (Ross v Ross). A private investigator’s report may help in this regard. Evidently, it is quite difficult to prove adultery and as such, many people would prefer to rely on the factor of “unreasonable behaviour” due to improper association to prove an “irretrievable breakdown of marriage” instead.

Intolerability

To prove intolerability, the courts have taken a partly objective and partly subjective approach. The objective test is an inquiry into whether a reasonable man would conclude that your spouse’s behaviour would make it unreasonable for you to be expected to live with him or her. The subjective element is that such as inquiry takes into account the unique circumstances of your relationship, and parties’ unique characters, personalities and behaviours. If you and your spouse have cohabited for a period exceeding six months even after you have found out about his or her adultery, you are no longer entitled to rely on that adultery for divorce. This is because if you are able to cohabit with your spouse for more than 6 months despite finding out about his or her adultery, you will unlikely be able to show that you find living with your spouse intolerable.
“Whatever your situation, our family law practitioners are here to offer you sensitive, cost effective and expert advice”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and any other applications to meet your needs.
Call us on +65 6337 0469
[post_title] => Adultery and Intolerability (Grounds for Divorce) [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => adultery-and-intolerability [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:32:05 [post_modified_gmt] => 2016-05-02 03:32:05 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1660 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [43] => WP_Post Object ( [ID] => 1657 [post_author] => 3 [post_date] => 2015-01-20 13:59:03 [post_date_gmt] => 2015-01-20 05:59:03 [post_content] => In Singapore, the legal requirements for divorce may be found in section 95 of the Women’s Charter: Irretrievable Breakdown of Marriage Either you or your spouse may file a writ for divorce. For divorce to be granted, an “irretrievable breakdown of marriage” must be proven. This can only be proven by showing the court that at least one of the below five circumstances has taken place:
  1. that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant;
  2. that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant;
  3. that the defendant has deserted the plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ;
  4. that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceeding the filing of the writ and the defendant consents to a judgment being granted;
  5. that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ.
If one of the above circumstances can be proven, the courts will almost certainly grant divorce. This is unless in very exceptional cases as held in William Cheng v Chai Mei Leng. Court’s Duty As elucidated in the case of Kwong Sin Hwa, the court will not grant a divorce merely because the application for divorce is uncontested. Upon the writ being filed, the court will, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage. The court will only grant a divorce if it is satisfied that the circumstances make it just and reasonable to do so. The court’s judgment will consider all circumstances. This includes the conduct of parties, the interests of the children of the marriage and whether there is possibility of reconciliation.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and any other applications to meet your needs.
Call us on +65 6337 0469
  [post_title] => Legal Requirements for Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => legal-requirements-for-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-05 00:23:25 [post_modified_gmt] => 2016-05-04 16:23:25 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1657 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Legal Requirements for Divorce[:zh]离婚的法律要求[:] ) [44] => WP_Post Object ( [ID] => 1648 [post_author] => 3 [post_date] => 2015-01-15 06:19:04 [post_date_gmt] => 2015-01-14 22:19:04 [post_content] => In general, when divorce proceedings are commenced, you and your lawyers would have to serve the divorce papers personally on your spouse. However, if you are not able to locate your spouse and have lost all contact with him or her, you can still proceed to apply for divorce. You would have to furnish evidence that you have tried all means (e.g. email, telephone, Facebook, contacting relatives) to contact your spouse to no avail.
If you face this problem, we can help you by making an application for dispensation of service of documents. Kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and any other applications to meet your needs.
Call us on +65 6337 0469
[post_title] => I wish to obtain a divorce but I cannot locate my spouse. What should I do? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => i-wish-to-obtain-a-divorce-but-i-cannot-locate-my-spouse-what-should-i-do [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:17:06 [post_modified_gmt] => 2016-05-02 06:17:06 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1648 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [45] => WP_Post Object ( [ID] => 1131 [post_author] => 4 [post_date] => 2015-01-12 02:16:01 [post_date_gmt] => 2015-01-11 18:16:01 [post_content] => If you are filing for a divorce in Singapore and have a HDB flat as a matrimonial asset, you will need to fill a HDB (Housing and Development Board) standard query form. If you are a CPF (Central Provident Fund) member, aged 55 and above, you will have to fill a CPF standard query form. These queries form part of your Matrimonial Property Plan, which will be filed in conjunction to your divorce papers. Without them, you will not be able to commence a divorce filing. The purpose of these queries helps assist the court with:
  • How the flat should be distributed amongst the parties
  • HBD’s consent or objects to Matrimonial property proposals
  • Whether there are HDB policies that affect the property


There are two scenarios to do procedure: Frist scenario: Parties have settled division of HDB flat before the divorce
  • Parties required to draw up an agreed matrimonial property plan, consisting of the division of proceeds to be made within which the flat is disposed. This will have to be approved on the HDB and Central Provident Fund Board and filed with the divorce petition in court.
Second scenario: Parties have not settled the division of the HDB flat before the divorce
  • When parties have not settled the division of the HDB flat before the divorce, the petitioner shall file a proposed matrimonial property plan. The final plan will contain a summary of basic information of the flats and positions of parties, assisting the court during mediation and hearing.
As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Divorce Proceedings: CPF and HDB Standard Queries [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorce-proceedings-cpf-hdb-standard-queries [to_ping] => [pinged] => [post_modified] => 2016-07-27 00:56:38 [post_modified_gmt] => 2016-07-26 16:56:38 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1131 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [46] => WP_Post Object ( [ID] => 479 [post_author] => 4 [post_date] => 2015-01-12 02:16:01 [post_date_gmt] => 2015-01-11 18:16:01 [post_content] => Under Singapore law, married women are protected from rape by their own husbands. A man who forces his wife to have sex with him can be guilty of an offence under Penal Code s 375(4) in certain circumstances stated below:
  • Husband and wife are living apart –
    • Under an interim judgment of divorce or nullity
    • Under a judgment or decree of judicial separation
    • Under a written separation agreement
  • Husband and wife are living apart and proceedings have been commenced for divorce, nullity or judicial separation and have not been terminated or concluded
  • There is a court injunction to the effect of restraining the husband from having sexual intercourse with his wife
  • There is in force a Personal Protection Order or an Expedited Order made against the husband for the benefit of his wife or proceedings have been commenced for the protection order or expedited order and have not been terminated or concluded.
However, marital rape remains an exception to the offence of rape except in the cases stated above. A man who forces his wife to have sex may still be charged for “voluntarily causing hurt”, or another less serious offences. These lesser charges carry significantly less severe penalties.
If you need legal representation on such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => What do I do if my husband rapes me? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-do-i-do-if-my-husband-rapes-me [to_ping] => [pinged] => [post_modified] => 2016-05-03 16:29:51 [post_modified_gmt] => 2016-05-03 08:29:51 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=479 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [47] => WP_Post Object ( [ID] => 1637 [post_author] => 3 [post_date] => 2014-12-20 14:09:55 [post_date_gmt] => 2014-12-20 06:09:55 [post_content] =>

Can I get a divorce in Singapore if my spouse is a foreigner?

Yes, as long as you yourself are domiciled in Singapore at the time of the commencement of the divorce proceedings, or have been habitually resident in Singapore for a period of 3 years, even if your spouse is not or has not. You will also need to have been married to your spouse for more than 3 years, and show that the marriage has broken down irretrievably.

What if I have been married to my spouse for less than 3 years?

You can either:
  • Wait out the 3 years;
  • Annul the marriage if possible; or
  • Show that you have experienced exceptional hardship, or that your spouse has demonstrated exceptional depravity

What if I have been unable to find or contact my spouse for a period of time and I think he/she has gone back to his/her home country?

You may still proceed with the divorce. However, the court will still require you to serve the divorce documents on your spouse. This will necessarily lead to higher costs as attempts have to be made to locate him/her, and if this is not successful, an advertisement may have to be placed in an overseas newspaper as substituted service. Alternatively, an application can be made for the dispensation of service if there is reason to think that the advertisement will not be effective. A divorce lawyer will be able to make such applications for you.

How can I show that the marriage has broken down irretrievably?

You will have to show one or more of the following facts:
  • That your spouse has committed adultery and you find it intolerable to live with him/her
  • Your spouse has behaved in such a manner that you cannot reasonably be expected to live with him/her
  • Your spouse has deserted you for 2 years without any intention of returning
  • You and your spouse have lived apart for 3 years and your spouse consents to divorce
  • You and your spouse have lived apart for 4 years (spouse’s consent is not required)

Will I still have to pay maintenance to my wife if she has gone back to her home country/some other country?

If your wife has returned to her home country or is in another country and she does not make an application for maintenance, the court will not order you to pay maintenance. However, if your wife does make an application for maintenance in the court of her home country/another country and maintenance is ordered by that court, it may be registered by the Singapore court.
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
[post_title] => Divorcing a foreign spouse – FAQs [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorcing-a-foreign-spouse-faqs [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:00:38 [post_modified_gmt] => 2016-05-02 06:00:38 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1637 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [48] => WP_Post Object ( [ID] => 1595 [post_author] => 3 [post_date] => 2014-12-06 13:22:29 [post_date_gmt] => 2014-12-06 05:22:29 [post_content] => Splitting of HBD Flat-- Infogram For more information visit Divorce Proceedings: CPF and HDB Standard Queries [post_title] => Splitting of HBD Flat - Infograph [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => splitting-of-hbd-flat-infogram [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:56:32 [post_modified_gmt] => 2016-05-02 03:56:32 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1595 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [49] => WP_Post Object ( [ID] => 1525 [post_author] => 3 [post_date] => 2014-10-30 09:56:47 [post_date_gmt] => 2014-10-30 01:56:47 [post_content] =>

How is maintenance awarded when parties go through a divorce? In Singapore, according to Section 113 of the Women’s charter, the court may order the husband to pay maintenance to his wife/ex-wife either during granting or subsequent to the grant of a judgement of divorce, judicial separation or nullity of marriage. There is no need to file for a divorce before applying for the maintenance. The court has the discretion to decide on the quantum of maintenance required to be paid to the wife/ex-wife, taking into account all the facts of the case. Section 114 of the Charter lists out the factors that the court will consider. These include:
    • The salary and earning capacity of each party in the past, present and future
    • The financial needs and obligations of each party in the future
    • The standard of living of each party before the marriage broke down
    • The age of both parties and how long they were married for
    • Any direct and indirect contributions made by each party to the household
    • Any losses suffered by each party as a result of their marriage
  What if the wife/ex-wife earns more than the husband? However, where the wife/ex-wife is earning more than the husband, the court will take this into consideration and may be reluctant to order the husband to pay maintenance. How is it paid? Maintenance can be paid in either a lump sum, or in periodic payment. What if the husband refuses to pay maintenance? If the maintenance is ordered, but is not paid, the wife/ex-wife may recover the arrears by filling an enforcement application to the Family Court. Please consult a lawyer. Period of maintenance In Singapore, usually the period of maintenance will last until the death of the wife or the wife remarries. For a more detailed explanation on spousal maintenance, please refer to our Spousal Maintenance in Singapore blog.
"Whatever your situation, our family law practitioners are here to offer you sensitive, cost effective and expert advice”
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Maintenance of Wife/Ex-Wife [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => maintenance-of-wifeex-wife [to_ping] => [pinged] => [post_modified] => 2016-05-03 17:05:12 [post_modified_gmt] => 2016-05-03 09:05:12 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1525 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [50] => WP_Post Object ( [ID] => 1389 [post_author] => 3 [post_date] => 2014-10-04 17:40:02 [post_date_gmt] => 2014-10-04 09:40:02 [post_content] => At Gloria James-Civetta & Co, our  Fixed Fee Uncontested Consent Divorce settlement packages are tailored to meet your needs and budget. (Available to Singaporean citizens and Singapore Permanent Residents only) You will pay no more than;
  • $1500 (no property or children)
  • $2500 (with children, maintenance and HDB property)
You And Your Spouse Need To Agree On:
  • The grounds for divorce
  • Division of matrimonial assets (HDB property, CPF monies, savings, pensions, insurance, and other ancillary matters)
  • Issues involving the care and control of children
  • Maintenance arrangements for wife / children

Uncontested consent divorce only

Uncontested consent divorce with hdb flat & child custody and maintenance issue only

What do I do next?

Once we have received your inquiry, a member of our Family Law Team will contact you by phone or email. If you have any inquiries about the consent divorce process, or if you’re unsure of whether a fixed-fee package is right for you, please get in touch with our friendly legal team.
Call us on +65 6337 0469
[post_title] => Fixed Fee Uncontested Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => online-fixed-fee-uncontested-divorce [to_ping] => [pinged] => [post_modified] => 2016-07-27 01:14:55 [post_modified_gmt] => 2016-07-26 17:14:55 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1389 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en] Fixed Fee Uncontested Divorce[:zh]离婚配套[:] ) [51] => WP_Post Object ( [ID] => 1337 [post_author] => 3 [post_date] => 2014-09-24 16:29:36 [post_date_gmt] => 2014-09-24 08:29:36 [post_content] =>

Singapore Divorce Lawyer-Mediator

Gloria James-Civetta & Co

Collaborative trained lawyers play an important role in assisting parties to reach an agreement, both by providing the necessary advice so that parties can make informed decisions, and by assisting in negotiations. Below, we touch on the time and cost-saving role that mediation has on divorcing couples and how it softens the impact on their children. Reaching an agreement The majority of separating couples in Singapore are able to reach agreement in relation to arrangements for their children, and financial issues. Even in cases where one party has initiated divorce proceedings in court, parties reach agreement assisted by the family court process. Moving forward Divorcing couples may use the services of trained family law mediators to help them reach agreement on all their issues. Parties can engage the services of their own lawyers and engage the Collaborative Divorce Process, these specially trained lawyers, play an important role in assisting couples to reach an agreement, by providing the necessary advice so that they can make informed decisions, and by assisting in negotiations. Benefits of mediation on children The emotional stress that divorce has on children can be avoided if parties can agree on the arrangements for their children after they separate. The way to move forward is to enter into a written parenting plan which records the agreed arrangements. If couples cannot agree on the arrangements for their children, the Family Court will have to be called in to make a final decision. The issues involved in the care, welfare and development of children are complex, and any decisions that divorcing couples make now will more than likely have significant implications for the future. Consult a specialist family lawyer Ms Gloria James-Civetta is a Specialist Family lawyer who is an accredited Collaborative Law Practitioner and Mediator, she is trained to ensure that all important issues affecting your future are discussed and addressed so that you can establish if mediating your divorce is right for you. As Collaborative Family Practicioner, Ms james has presided over numerous cases with successful resolution throughout CFP process in Singapore.
If you would like to find out more, kindly contact us to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Mediating Your Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => mediating-your-way-to-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:44:00 [post_modified_gmt] => 2016-05-02 06:44:00 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1337 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [52] => WP_Post Object ( [ID] => 1323 [post_author] => 3 [post_date] => 2014-09-21 15:51:40 [post_date_gmt] => 2014-09-21 07:51:40 [post_content] =>

What Is the Role Of a Family Lawyer?

Family lawyers have knowledge of a wide range of legal matters. This is because family lawyers deal with a wide range of complicated legal matters, ranging from divorce and child support & maintenance, to issues like mediating a divorce. Family lawyers specialise in estate planning and property disputes at divorce proceedings stage or death. Now-days family lawyers specialise in dispute resolution methods like family law mediation and the collaborative divorce process to help clients avoid the stresses and expense of going to court.

"Understanding what a good family & divorce lawyer should be and expected to know is an important factor in determining whether they are suitably qualified to handle your case"

Gloria James-Civetta & Co offer a free initial consultation for Divorce & Family Law matters.
Call us on +65 6337 0469

Finding the right lawyer

These days, in order to find the best Singapore divorce lawyer, most people choose modern methods such as calling a number or sending an email enquiry from an internet advertisement. This option should provide much information on the attorney’s background and relevant experience.

How Can I find a lawyer online?

Simply type Divorce Lawyer on you Google or Yahoo search engines and a host of listings will come up. The top listings will be sponsored ads, that is, the law firm is paying to be on top to be noticed. This is a good indication that these firms are specialists in the Family & divorce field. At this stage, feel free to click onto their websites and explore if the law firm is offering any information that will aid you in your case. The more information they give, the better off you, the consumer will be, it`s as simple as that. If the law firm does not offer a lot of information, then what are they offering? Take advantage of law firms that offer a free consultation. It is here that you will be able to analyse whether the lawyer has the relevant experience to handle your case. The Singapore Divorce Lawyer blog will guide you through the divorce process with over 50 informative articles to give you a clearer overview. [post_title] => Finding The Right Divorce Lawyer [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => finding-the-right-divorce-lawyer-in-singapore [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:37:47 [post_modified_gmt] => 2016-05-02 05:37:47 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1323 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [53] => WP_Post Object ( [ID] => 1264 [post_author] => 3 [post_date] => 2014-09-05 11:31:18 [post_date_gmt] => 2014-09-05 03:31:18 [post_content] => The appointment of guardians in Singapore is governed by the Guardianship of Infants Act. A guardian is defined as a parent, who will be a natural guardian, or an adult who has been appointed as a guardian. A guardian essentially steps in to undertake parental responsibilities towards the child. There are a few scenarios where the court would authorise an appointment of a guardian:
  •  If either parent passes on, they can make a will by deed to appoint any person to be the guardian of the child after death
  • A parent who is naturally a guardian without court appointment
  • A guardian for a child that is a ward of court. Essentially, this means that the court makes all major decisions for the child
  • The court can appoint a guardian on behalf of the child.
Rights of surviving parent to the infant The surviving spouse usually becomes the natural guardian of the child and will act either alone of jointly with any guardian appointed by the other spouse. If no guardian has been appointed on the death of one spouse, the court has the power to appoint who they deem fit as guardian to jointly act with the other spouse. The court has wide discretionary powers in varying orders or resolving any disputes between guardians. [post_title] => Guardianship of child in Singapore [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => guardianship-of-child-in-singapore [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:40:46 [post_modified_gmt] => 2016-05-02 04:40:46 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1264 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [54] => WP_Post Object ( [ID] => 1262 [post_author] => 3 [post_date] => 2014-09-05 11:19:09 [post_date_gmt] => 2014-09-05 03:19:09 [post_content] => The Women’s Charter provides a dew options to assist the collection of  child maintenance. The most useful among them is the scheme provided is the Attachment of Earning Orders. A maintenance order may have to be enforced where the payor does not comply  with it. This attachment of earnings order is directed at the employer of the payor under the maintenance, whether a parent or non-parent of a child. The attachment of earning order directs his or her employer to deduct the stated amount form the payor’s salary and to either pay this amount to the person receiving this sum or to the court who will collect the amount on the child’s behalf. This is tone of the best assurances that he child will receive the maintenance sum ordered.

Imposition of fines

Section 71 provides for the imposition of fine, imprisonment of the defaulting payor or the garnishing of debts owed to him. Levy Fine: The process for the levying of fines is set out in Section 224 of the Criminal Procedure Code. The levying of the fine or the imprisonment of the defaulter do not result in money coming to the child although they can be psychologically powerful incentives for the payor not to default. Garnish Debts: On the process of garnishing debts owed to the payor of the order of maintenance, reference is made to Rule 5 of the Women’s Charter. It is only the garnishing of debts that ensures that some amount of money comes to the child who is ordered to receive maintenance.

Recovery of outstanding amount as debt

Section 74 provides for the recovery of recent outstanding sums of money due to be paid as a debt from the payor.
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with our family lawyer.
Call us on +65 6337 0469
[post_title] => Enforcement of Child Maintenance [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => enforcement-of-child-maintenance [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:44:08 [post_modified_gmt] => 2016-05-02 04:44:08 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1262 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [55] => WP_Post Object ( [ID] => 1252 [post_author] => 4 [post_date] => 2014-09-03 15:28:44 [post_date_gmt] => 2014-09-03 07:28:44 [post_content] =>   In Singapore, there are two groups of people who are liable to be ordered by a court to provide maintenance for a dependent child. According to Section 68 and 69(2) of the Women’s Charter, a parent is primarily responsible for the maintenance of his or her child. Parental responsibility, including financial responsibility, lasts throughout their joint lives. Parental responsibility Who is a parent?: A ‘parent’ for the purposes of maintenance of a child is not defined. It must include the biological parent. This also includes the adoptive parent, according to Section 7 of the Adoption of Children Act which provides that the person named as an adoptive parent steps into the shoes vacated by the biological parent who gave up the child for adoption. According to Section 46(1), both the mother and father have equal parental responsibility. Generally, parents are expected to co-operate in discharging their joint responsibility for the benefit and well-being of their child. The obligation rests equally on both father and mother. Parental responsibility remains until the child is financially independent. The obligation is the same irrespective of the child’s legitimate status. The current law of a parent’s liability is encapsulated in Section 68 of the Women’s Charter. It states that except where an agreement or order of court otherwise provides, the parent has a duty to maintain or contribute to the maintenance of his or her child, whether the child is in his or her custody or not, and whether they are legitimate or illegitimate, either by providing them with the basic necessities as may be reasonable having regards to his or her means and station in life or by paying the cost thereof. Immaterial whether living with parent It is immaterial whether the child lives with the parent. A parent living apart from his or her child is equally liable as the other to provide for the financial needs of the dependent child. Immaterial whether legitimate It is equally immaterial whether the character of the relationship between the child and his or her parent is legitimate.
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our family lawyers。
Call us on +65 6337 0469
[post_title] => Maintenance of Child---Parental Responsibility---Who is a Parent? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => maintenance-of-child-parental-responsibility-who-is-a-parent [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:44:14 [post_modified_gmt] => 2016-05-02 04:44:14 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1252 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [56] => WP_Post Object ( [ID] => 1214 [post_author] => 4 [post_date] => 2014-09-02 15:57:01 [post_date_gmt] => 2014-09-02 07:57:01 [post_content] =>

What is the Court Criteria Governing this Issue?

The courts do recognize maternal bond and gives it appropriate consideration. However, this does not go as far as a presumption that the mother automatically gains guardianship status of their young children.

 The decision mostly goes by the facts of the case.

In instances where there is seemingly no reason to pick one parent over the other, and the children are of an exceptionally young age, the Court may appoint guardianship to the mother. This was explained in Chan Kah Cheong Kenneth v Teoh Kheng Yau: “(for) children so tender(aged 4 and under 2), at least for the time being, (be) under maternal care, with substantial exposure to the father”.

In instances where the father has shown to give greater concern for the child than the mother, such as in the case of Tan Siew Kee v Chua Ah Boey, the High Court was prepared to give custody of an infant boy to his father as compared to the mother. 

Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.
Call us on +65 6337 0469
[post_title] => Child Custody - Does a Judge favour the mother in Guardianship/Custody? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-custody-does-a-judge-always-favour-the-mother-in-guardianshipcustody [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:45:32 [post_modified_gmt] => 2016-05-02 04:45:32 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1214 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [57] => WP_Post Object ( [ID] => 1208 [post_author] => 4 [post_date] => 2014-09-02 15:44:53 [post_date_gmt] => 2014-09-02 07:44:53 [post_content] =>

Factors taken into consideration for maintenance of former wife

In Singapore, according to Section 114(1) of the Women’s Charter, the court will take into account all the circumstances of the case in assessing the maintenance due to a former wife from her husband.  Needs of the former wife The starting point in the calculation of maintenance is the financial needs, obligations and responsibilities of the former wife as these have been affected by the standard of living enjoyed by the family before the breakdown of marriage. However, the former wife must be reasonable in estimating her needs after the divorce. The court also expects the former wife to strive for self-sufficiency whether or not she had worked during marriage. Where appropriate, the court may even draw adverse inference of the former wife being able to secure employment and estimate how much this might be. Furthermore, where the former wife has been awarded a proportion of the matrimonial assets, this may generally reduce her financial needs in the assessment of her claim for maintenance. Husband’s ability The court will take into account the husband’s capability of meeting the needs of the former wife. Thus the court usually considers the income, earning capacity, property and other financial resources which each of the parties has or likely to have in the foreseeable future. Where the husband is incapable in meeting the needs of the former wife, the court will order a smaller sum. Likelihood of remarriage The effect of this is that the court will most likely not choose to order maintenance in a lump sum as it would be unfair to the husband to have paid maintenance covering the period his former wife had remarried. Agreement in full and final settlement must be approved by court According to Section 116, it states that if the agreement purports to be in settlement of all future claims to maintenance, it will not be effective until it is approved by the court with or without conditions attached. But if it is approved, the agreement can provide a good defence to any claim for maintenance. Courts may vary terms of agreement According to Section 119, courts may vary the terms of agreement if there are any marital change in the circumstances.
Contact us to speak with our Family Law specialist
Call us on +65 6337 0469
Types of Maintenance Orders In Singapore, according to Section 113 of the Women’s Charter, the court has the power to order the husband to continue to maintain his former wife. The Women’s charter bestows discretion on the court to make an order of maintenance that is the most appropriate in the circumstances. 1)      In terms of when it is made relative to the conclusion of the final matrimonial proceedings, interim or final; 2)      In terms of the size of the order, nominal or substantial 3)      In terms of how money is to be paid, by a lump sum or periodic payments 1)      Interim According to Section 133(a), an interim order of maintenance may be allowed ‘during the course of any matrimonial proceedings’. As this is an interim order, the courts are not expected to take as much care in calculating the amount of maintenance to be ordered for the interim period. 2)      Nominal or substantial order Usually when the former wife makes out her case for maintenance from her husband, there is a substantial order in her favour. However, if the former wife fails to make out her case, the court may either dismiss her application or make a nominal order for the former wife.  The nominal order preserves her entitlement to maintenance as it can be varied at any point of time to become more substantial. 3a) Lump sum order When the husband has the financial means, for example, valuable assets, the court may get the most out of the sum calculated as the former wife’s monthly needs over the number of years which the court determines is fair, to require the husband to continue to maintain her, so that her maintenance is payable in lump sum. This is provided for in Section 115(1) of the Women’s Charter. How is lump sum assessed? The judge will first assess the former wife’s monthly needs. The judge will then evaluate the number of months or years that her monthly needs ought to be multiplied by. The monthly needs is known as the ‘multiplicand’ and the number of months is known as the ‘multiplier’. 3b) Periodic payment order An alternative to lump sum order of maintenance, is the periodic payment of maintenance. Periodic payment is of continuing nature. This attracts several other provisions of the law. Firstly, according to Section 115(2), the court has the discretion to make further order to secure the payment so that the former wife is assured of the payment. This is beneficial to the former wife if there are difficulties enforcing the order. Secondly, there are rules to determine the duration of the order for periodic payments in that an event in future may put an end to the order. According to Section 117, the lifespan of an order changes depending on whether the order is secured or unsecured.  When the order is secured, where the former wife is assured payment, the order for periodic payment lasts until the former wife remarries or dies. However, when the order is not secured, where there are no funds to assure payment, the order ends on the death of the husband. Lastly, according to Section 118, the order for periodic payments can be varied at any time during its subsistence. The provision provides 3 reasons for varying or rescinding the order: a)      Order was made based on misinterpretation of facts b)      Order was made based on mistake of facts c)      Marital change  
If you need legal representation, we offer a FREE 30 minute consultation with one of our lawyers, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Spousal Maintenance in Singapore [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => spousal-maintenance-in-singapore [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:24:59 [post_modified_gmt] => 2016-05-02 05:24:59 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1208 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Spousal Maintenance in Singapore[:zh]妻子赡养费[:] ) [58] => WP_Post Object ( [ID] => 1203 [post_author] => 4 [post_date] => 2014-09-02 15:36:10 [post_date_gmt] => 2014-09-02 07:36:10 [post_content] =>   It is mandatory for all couples with children below 21 years of age to go for counseling and mediation once they file for divorce. Where there are children to the marriage, the law encourages parties to reduce acrimony and work together in making decisions for their children. Providing counseling and/or mediation early will help the parties undergoing divorce proceedings to focus on the best interests and welfare of their children when making decisions on parenting and care arrangements. CFRCs are mediated by trained judge-mediators and family counsellors. The purpose of such counselling sessions is to allow both parties to settle issues of custody and access amicably in a non-adverserial court setting, and negotiate the dynamics of co-parenting after divorce. CFRCs usually take place in the period between the filing of divorce papers and the first divorce hearing. The general process for a CFRC is: CFRC
If you need legal representation or require FREE consultation with one of our lawyers, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Compulsory Councelling & mediation---Child Focused Resolution Centre [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => compulsory-councelling-mediation-child-focused-resolution-centre [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:46:00 [post_modified_gmt] => 2016-05-02 04:46:00 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1203 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [59] => WP_Post Object ( [ID] => 1173 [post_author] => 4 [post_date] => 2014-08-14 18:10:36 [post_date_gmt] => 2014-08-14 10:10:36 [post_content] => Are you Specially Trained in Divorce Law? Ms Gloria James-Civetta is a certified Associate Mediator at the State Courts of Singapore and the Singapore Mediation Centre (SMC). She is a Harvard Law School trained Mediator and one of 19 lawyers in the SMC panel of trained Collaborative Family Practice lawyers. Being trained in these areas helps our company provide additional services to our clients. This allows clients to consider various options and avenues in taking their case forward. With our track record and experience we have successfully mediated cases and achieved successful settlement for cases under the collaborative route. As a member of the Law Society of Singapore’s Family Law Practice Committee, Gloria was closely involved in the ongoing changes to the Women’s Charter (Cap 353) and the Family Courts of Singapore Mandatory Counselling and Mediation Project. She is also a family law Tutor at the Singapore Institute of Legal Education.   How Many Years Have You Been Handling Divorce Cases For? Ms James has been representing both Local and Expat clients for 19 years and presided over - High Net worth Local and Expat contested divorces in Singapore - Cross-border Divorces involving various jurisdictions – UK, Australia, USA, Europe, Indonesia, China, S.E. Asian Countries She has been profiled in publications ranging from The Straits Times to the Singapore Women`s Weekly and is a regular contributor to various other newspaper columns related to Family and Criminal law in Singapore.   What is Your Philosophy in Handling Divorce Cases? That every client’s case is important to us. Simply put, Our duty is to dispense advice based on law and our extensive years of experience and previous precedents. How Many of Your Cases go to Trial? Cases only go through the litigation route (trial) only when all other avenues have failed. Trial is always the last resort as we are mindful over costs. Sometimes we take cases to trial when the other party is very unreasonable and makes demands that warrants a judge to make a court order. What we strive to achieve is a fair balance and the best possible results for our clients in the alternative avenues and trial process if needed. Are there Any Changes in Singapore Divorce Law that Could Affect My Case? To be implemented in October 2014, the new Family Justice Act, seeks to transform the family justice system to lessen the anguish and hurt for family members. The new Family Justice Courts will comprise of a)     Family Court b)     Youth Court – replaces the current Juvenile Court c)      High Court (Family Division) – will hear appeal cases from the Family and Youth Courts The new Family Justice Courts will specialise in family and child law, providing expertise for both parties to reach a fair and equitable settlement.   Modification of existing procedures and practices:
  1. A new judge-led approach – A judge will be appointed to each case, and will direct the case moving forward. This is in contrast to the old adversarial approach, where lawyers on opposing teams are primarily responsible for bringing matters forward. This aims to serve the needs and sensitivities of both parties (not merely one), and to benefit the family as a whole.
  2. New Central Registry – the Registry will manage all cases.
a)     Urgent cases where violence and family safety issues are involved may be placed on an expedited track. b)     Cases will be handled in accordance with their requirements, in recognition of the fact that each case comes with its unique set of facts and circumstances 3. Family Justice Rules committee for a more efficient process A contested divorce may often be a lengthy one. Multiple court documents need to be filed, with parties exchanging complicated affidavits several times. The Family Justice Rules committee will play a role in simplifying court forms, reducing the length of affidavits and developing templates to ensure that only relevant information is presented. This will reduce the time spent by lawyers in double-checking all pertinent details and result in lower lawyer’s and court fees. Also, fewer Pre-Trial Conferences (PTCs) will mean that the divorce process will be brought forward and can be concluded more quickly. Where a child is involved The court may appoint a registered medical practitioner, psychologist, counselor, social worker or mental health professional to examine and assess the child with the function of preparing expert evidence for use in those proceedings. The child’s state of mind and well-being may be considered, with the professional healthcare or social worker providing help and support for the child during this difficult period. More changes may be introduced in time to come. The Family Justice Act is only the first step in strengthening the social support network for families in difficulty. As we progress in time, the law evolves. Thus as lawyers, we keep ourselves apprised with the latest developments and latest court decisions that can affect a case, so that we can always provide the best advice to our client.   Is My First Consultation With One of Your Lawyers Free? During your first consultation, you will speak directly with one of our family lawyers FREE of charge. Our lawyer will -      Explain how the divorce process works -      Address your questions and concerns -      explain the choices you have -      agree with you on a strategy or path to follow A lawyer will be assigned to you based on your personal needs so that you can obtain the best possible outcome in your case. Contact Our Experienced Divorce Lawyers Lawyers at Gloria James-Civetta& Co are family law specialists who understand Singapore law and how to protect your rights throughout the divorce or mediation process. Whether you are facing uncontested divorce, litigation or simply just want to divorce, we have the expertise you need to protect your interests and your future.
You may contact us and asking to schedule a consultation with one of our family Lawyers.
Call us on +65 6337 0469
[post_title] => About Ms Gloria James - Commitment to our Clients [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-you-shoul-know-about-us [to_ping] => [pinged] => [post_modified] => 2016-03-02 16:02:30 [post_modified_gmt] => 2016-03-02 08:02:30 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1173 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [60] => WP_Post Object ( [ID] => 1161 [post_author] => 4 [post_date] => 2014-08-14 16:31:26 [post_date_gmt] => 2014-08-14 08:31:26 [post_content] => For victims of domestic violence in Singapore, it is imperative that they know their rights and seek legal help immediately in order to protect themselves and their loved ones. One course of action they can take is to apply for a Protection Order at the family court to prevent continued harassment by the aggressor. Personal Protection Orders (PPO) are granted as laid down in Section 65 of the Women’s Charter:  The court may, upon satisfaction on a balance of probabilities that family violence has been committed or is likely to be committed against a family member and that it is necessary for the protection of the family member, make a protection order restraining the person against whom the order is made from using family violence against the family member. There are 3 types of orders that one can apply for under this section:
  • Protection Order: a general order that prevents the respondent from using violence against the victim. This must be applied for first before the following two orders
  • Expedited Order (EO): a temporary order that lasts for 28 days from the date it was served to the respondent. This is generally granted depending on the urgency of the victim’s situation
  • Domestic Exclusion Order (DEO): an order that excludes or restricts the respondent from entering the victim’s residence or parts of the residence
The length of the application process typically depends on the complexity of the facts of the case.  In order to quicken the court process, an applicant should try to gather sufficiently convincing evidence such as a police report or medical reports of any injuries sustained during the violence. While the granting of a PPO does not prove immediate grounds of divorce, the judge will take this factor into account in granting a divorce in Singapore.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to set up a free consultation with one of our lawyers.
Call us on +65 6337 0469
[post_title] => Personal Protection Orders (PPO) and Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => personal-protection-orders-ppo-and-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-11 15:49:00 [post_modified_gmt] => 2016-05-11 07:49:00 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1161 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [61] => WP_Post Object ( [ID] => 1142 [post_author] => 4 [post_date] => 2014-08-01 18:00:59 [post_date_gmt] => 2014-08-01 10:00:59 [post_content] =>

There are two basic rights with respect to grandparents and their grandchild(ren): custody and visitation.

Custody is the legal rights and obligations with taking on full-time parenting and rearing of child(ren).

In contrast, visitation is a specific schedule, set out by the court, for grandchild(ren) to spend time with their grandparents.

Occasionally, parents may deny the grandparents the right to visitation. To receive rights to visitation, the grandparents must first demonstrate there was a meaningful relationship with the child(ren). If the court finds it acceptable, then grandparents will then have to demonstrate that such visitations against the wishes of the spouse(s) are the overall best interests of child(ren) in question. The Court is often hesitate towards the latter demand since child(ren) may be overcome with emotional anxiety.

Grandparents should present a testimony of “expert witnesses”, where by a psychiatrist or psychologist will conduct evaluations with regard to the best interests of the child(ren).

Some examples of Grandparents filling for visitation include:
  • Child(ren) born out of wedlock – grandparents may be granted visitations rights only after the actual paternity of the child(ren) has been established.
  • Grandparents of a deceased parent: when one or both of the parents have died, grandparents may wish to file for visitation to maintain a continuing relationship with the child(ren)
  • Child adopted by a third party – grandparents will lose all rights with respect to children.
  • Non-custodial parent not exercising right to grandparents of visitation of grandchild(ren)
If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Grandparent’s Rights in Custody and Visitation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => grandparents-rights-in-custody-and-visitation [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:47:38 [post_modified_gmt] => 2016-05-02 04:47:38 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1142 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [62] => WP_Post Object ( [ID] => 1133 [post_author] => 4 [post_date] => 2014-08-01 17:04:35 [post_date_gmt] => 2014-08-01 09:04:35 [post_content] => If you are filing for a divorce in Singapore and have a HDB flat as a matrimonial asset, you will need to fill a HDB (Housing and Development Board) standard query form. Likewise if you are a CPF (Central Provident Fund) member, aged 55 and above, you will have to fill a CPF standard query form. These queries form part of your Matrimonial Property Plan, which will file as part of your divorce papers. Without them, you will not be able to commence a divorce filing. The purpose of these queries helps assist the court with:
  • How the flat should be distributed amongst the parties
  • HBD’s consent or objects to Matrimonial property proposals
  • Whether there are HDB policies that affect the property
There are two scenarios to this procedure:   Parties have settled division of HDB flat before the divorce
  • Parties required to draw up an agreed matrimonial property plan, consisting of the division of proceeds to be made within which the flat is disposed. This will have to be approved on the HDB and Central Provident Fund Board and filed with the divorce petition in court.

 Parties have not settled the division of the HDB flat before the divorce

  • When parties have not settled the division of the HDB flat before the divorce, the petitioner shall file a proposed matrimonial property plan. The final plan will contain a summary of basic information of the flats and positions of parties, assisting the court during mediation and hearing.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Divorce Proceedings: CPF and HDB Standard Queries [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorce-proceedings-cpf-and-hdb-standard-queries [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:03:33 [post_modified_gmt] => 2016-05-02 06:03:33 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1133 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [63] => WP_Post Object ( [ID] => 1125 [post_author] => 4 [post_date] => 2014-07-25 14:32:33 [post_date_gmt] => 2014-07-25 06:32:33 [post_content] => This very important question comes into play when dealing with the division of your matrimonial assets. In most cases, you would have used your CPF savings to buy your house together as a couple. When you get a divorce in Singapore, you need to consider how to deal with your matrimonial home. Selling your matrimonial home Assuming you have used CPF savings to purchase your matrimonial home and if you decide to subsequently sell your property, a charge will be created that ensures you make a refund to your CPF account when you do so. When you transfer or sell the property, you must refund the principal CPF amount that you withdrew in the first place and additionally, the accrued interest. If you fail to do so, the charge on the property will not be cleared and the transaction will be incomplete. If you are 55 years old or older When you sell or transfer your property and you are 55 years old or older, the CPF refunds will go to your Retirement Account until you reach your Minimum Sum (the Minimum Sum amount will differ from cohort to cohort). Also, the CPF refunds will go to your Medisave Account up to the Medisave Minimum Sum. If, after the top up of your Retirement Account and Medisave Account, there are still excess refunds, the excess refunds will go back into your CPF account. Transfers to ex-spouse If the Court so directs, you may transfer your share in the matrimonial property to your ex-spouse with partial or no refunds made to your CPF account. Subsequently, when your ex-spouse decides to sell or transfer the property, he/she must refund to his/her own CPF account of the following:
  • the amount of CPF refund that was not refunded to your CPF account, including the accrued interest and
  • the amount of CPF withdrawn by your ex-spouse, including the accrued interest.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Divorce & CPF Contributions [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-happens-to-your-cpf-when-you-get-a-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-03 17:51:51 [post_modified_gmt] => 2016-05-03 09:51:51 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1125 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [64] => WP_Post Object ( [ID] => 1092 [post_author] => 4 [post_date] => 2014-03-28 06:12:54 [post_date_gmt] => 2014-03-27 22:12:54 [post_content] =>
The following parties may request for divorce proceedings to be expedited:
1. Parties who have agreed on the grounds of divorce and all ancillary matters relating to matrimonial properties, maintenance and children issues.
2. Parties must have reached an agreement via the Private Mediation or Collaborative Family Practice (CFP) Ms Gloria James-Civetta is one of the few practising family lawyers in Singapore currently on the Singapore Mediation Centre’s Panel of CFP Lawyers.
To request for the expedited hearing track, the new Form 22A must be filed with the divorce writ, that is, at the commencement of the divorce proceedings.  In addition, a checklist in the new Form 24D must be filed 5 clear days prior to the first status conference for divorce proceedings and the first pre-trial conference for ancillary matters.
By following this process, divorcing couples can avoid the costs and emotional strain of Court proceedings. They engage the services of only one Lawyer instead of heading down the path by engaging 2 separate Lawyers.
Click here to learn more about The 5 Divorce Models in Singapore
FAQs
Is the collaborative process right for me?
CFP may be the right choice for you if you seek:
  • A dignified approach to handling your divorce. A fair and non-aggressive resolution of the issues based on the best interests of the family, not just the individual.
  • Guidance, support and advice on legal issues without the threat of fighting in Court.
  • Opportunity to work through the emotions and avoid misunderstandings so as to arrive at sound, well-thought out decisions.
  • To avoid the costs and emotional strain of Court proceedings.
  • You wish your dispute and the terms of your settlement to be confidential.
  • To resolve housing and property arrangements.
It is best to contact a collaborative lawyer to discuss your specific concerns. The collaborative process may not be appropriate in all cases. Ms. Gloria James is able to advise whether the collaborative family law process would be suitable for you.
What’s the difference between Collaborative Family Practice and mediation?
Mediator acts as a neutral third party who meets with both parties to assist them in reaching an amicable settlement. The mediator does not offer legal advice, instead helping parties to clearly bring about each others core concerns which underline their position on each issue.
After the mediation, the mediator will create a report which is then taken to the clients’ lawyers. At this stage, the mediation report is not legally binding. If the clients are still in agreement, then the terms are used as the basis of a Deed of Separation or Consent Divorce written by the lawyers and signed by the clients. Parties may use the services of one Divorce Lawyer to save money.
In the Collaborative Process, you will both have your respective lawyers sit with you in 4 way face-to-face meetings. Rather than functioning as adversaries, your lawyers advise and support you towards achieving settlement. You will both be able to hear the advice your spouse receives from their lawyer throughout the process.
Will my lawyer still protect my rights? (for Collaborative Divorce only)
Your lawyer is your advocate throughout the collaborative process and is committed to helping you achieve your reasonable settlement goals. However your lawyer will not adopt the adversarial role he or she would adopt in Court proceedings. The lawyer’s goal is to help you negotiate in a respectful and cooperative manner to achieve an outcome that is in the best interests of both you and your family. The lawyer will focus on educating you and advising you on the issues at hand and your options so that you can have control over your decision-making process.
Why would we use the collaborative process when our matter might settle before Court anyway?
Many family law cases do settle before trial however by embarking upon the path towards litigation you are engaging in an adversarial process. Collaborative divorce allows you to identify outcomes that balance the best interests of all members of the family without the fear or threat of litigation being used to force agreements or pressure decisions.
We both want to reach a settlement peacefully. Why not just make an agreement ourselves instead?
Divorce is a difficult time, even when both parties desire a peaceful and amicable resolution of their issues. Issues can crop up which parties haven’t foreseen and planned for. Parties can struggle at times to make big decisions even when they have the best of intentions.
Collaboratively trained lawyers are skilled in helping you process and understand the issues at hand so that you can consider the long term implications of decisions regarding your children, finances and other matters. This can help agreement you made yourself.
Further, any collaborative settlement, takes a quick route in the Court process, as such files are earmarked as a collaborative settlement case.
How do I get my spouse to agree to the collaborative process?
Discuss the process with your spouse and the benefits for both of you. You can encourage your spouse to read some of the literature on the process and also refer your spouse to this website. If your spouse is still unsure, you and/or your spouse could contact a collaborative lawyer for some more information.
How do I start the collaborative process?
First you need to contact a collaborative family lawyer. It is important that you choose a lawyer who has been trained in collaborative family law, in order for the process to be effective. The collaborative approach requires a special set of skills in guiding negotiations and in managing conflict.
There are currently only a few lawyers trained in the collaborative process in Singapore. Ms. Gloria James is one of the first of these lawyers to receive such training.
What if my spouse already filed for divorce?
If your spouse already filed for divorce, it is not too late to begin the collaborative process. Contact your collaborative lawyer to discuss your options.
What if we cannot reach a settlement?
If you cannot reach a settlement, either of you may decide to take your case to Court, you will need to use different lawyers. Your collaborative lawyers cannot act on your behalf in Court proceedings because they have signed the undertaking not to litigate. The collaborative lawyer will brief your trial lawyer to assist them with the transition from the collaborative process to litigation.
Should you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Expedited Divorce Proceedings [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => expedited-divorce-proceedings [to_ping] => [pinged] => [post_modified] => 2016-08-12 18:52:49 [post_modified_gmt] => 2016-08-12 10:52:49 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1092 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [65] => WP_Post Object ( [ID] => 1062 [post_author] => 4 [post_date] => 2014-02-23 13:30:12 [post_date_gmt] => 2014-02-23 05:30:12 [post_content] => When marriage breaks down for cross-borders couples, it inevitable arises where one spouse feels the need to relocate back to his/her homeland with the children. However, when planning such intention to move, it is right and appropriate for that parent to do so? and should the relocating parent be required to apply to the Family Court to seek permission for relocation and to leave jurisdiction with the children? What if that parent left without seeking consent or the court’s permission? To address such issues, Singapore has in 2010, acceded to the Hague Convention on the Civil Aspects of International Child Abduction, kicking into effect in March 2011. The parent that is aggrieved can work hand in hand with the Central Authority of Singapore to seek the return of the abducted child (if there is an existing court order to prevent the child from leaving jurisdiction).
If you require legal representation on such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Child Abduction / Relocation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-abduction-relocation [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:48:21 [post_modified_gmt] => 2016-05-02 04:48:21 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1062 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [66] => WP_Post Object ( [ID] => 1056 [post_author] => 4 [post_date] => 2014-02-21 15:05:06 [post_date_gmt] => 2014-02-21 07:05:06 [post_content] => 1.  If you intend to proceed with the divorce proceedings, you need to bring along a copy of the following documents: Marriage Certificate Birth Certificate NRIC Copy / Passport CPF Statement under the public housing scheme.   2.  You need to provide the following information: Your occupation, date of birth, address Your highest education qualification Your religion Your Spouse's occupation Your Spouse's highest education qualification Your Spouse's religion Your spouse’s date of birth Your current address Your spouse's current address Children’s names/date of birth/school names/school hours   3.  How your marriage broke down. You need to provide the pointers.   4.  Your views on the Ancillary Relief; What is your claim on the following: a)       Maintenance of wife and children b)       Division of matrimonial property c)       Division of other matrimonial assets. d)       Custody, care and control of the children.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => CHECKLIST - Preparation work when seeing a lawyer for the first time. [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => checklist-preparation-work-when-seeing-a-lawyer-for-the-first-time [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:19:23 [post_modified_gmt] => 2016-05-02 06:19:23 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1056 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [67] => WP_Post Object ( [ID] => 1029 [post_author] => 4 [post_date] => 2014-02-18 07:35:38 [post_date_gmt] => 2014-02-17 23:35:38 [post_content] => When making a final parenting order, the family court is required to take into consideration, the best interests for the child. Parents should also use this principle when making their proposed parenting plans. In Singapore, both parents are responsible for the upbringing and welfare of their children till the age of 21. However, maintenance orders may be extended for children above this age under certain circumstances- such as if they are pursuing their tertiary education or undergoing national service. The priority of family court is to take into consideration, the benefit of a child`s meaningful relationship with both his/her parents and the need to protect the child from physical or psychological abuse. The court take into consideration:
  • The child`s views and reasons which affect those views.
  • The child`s relationship with his parents, grandparents and other relatives.
  • The willingness and encouragement shown by each parent to encourage the child to continue a relationship with the other parent.
  • The impact of changed circumstances on a child`s day by day schedule, incorporating detachment from a guardian and carers eg, grandparents and relatives.
  • The parents ability to provide for the child`s needs.
  • The parent`s attitude towards the child and their upbringing.
  • The maturity, sex and lifestyle of a child and of either of the child`s parents.
  • The act or threat of violence involving a child or a member of the child’s family.
A court will also take into consideration the degree to which each parent has or has not beforehand met their parental obligations, in particular,
  • The parent`s willingness to participate in decision making about major long-term issues involving the child
  • Time spent with the child.
  • Parents meeting their obligations to maintain a child and facilitated the other parent’s involvement in these aspects of the child’s life.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Proposed Parenting Plan – The best interests of the child [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => proposed-parenting-plan-the-best-interests-of-the-child [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:45:47 [post_modified_gmt] => 2016-05-02 06:45:47 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=1029 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [68] => WP_Post Object ( [ID] => 968 [post_author] => 4 [post_date] => 2014-01-15 04:04:23 [post_date_gmt] => 2014-01-14 20:04:23 [post_content] => In Singapore, children are entitled to financial support from their biological parents until the age of 21. However, maintenance orders may be extended for children above the age of 21 under certain circumstances- such as if they are pursuing their tertiary education or undergoing national service. Courts generally arrive at a final maintenance order after taking into account a child’s education, financial and other living expenses. Once made, maintenance orders may be varied under limited circumstances- for instance, if there is a substantial change in the health of earning capacity of the parent contributing to the maintenance. The Singapore Divorce Calculator is a FREE APP, designed to assit you in calculating Home Contribution ratios between spouses, as well as Child Maintenance monthly costs.

Who is liable to contribute to child maintenance?

Under the law, it is the duty of a parent to maintain or contribute to the maintenance of his or her children, regardless of whether they are legitimate or illegitimate. If it is proven that a parent has refused to provide reasonable maintenance for a child who is unable to maintain himself, a court may order that the parent pay a monthly payment or one-time lump sum for the maintenance of the child. It is interesting to note that a non-parent may also become responsible for the maintenance of a dependent child if he accepts the child as a member of his family. However, the duty by the non-parent shall cease if the child is taken away by his birth father or mother. Any money spent on the expenses of the child by the non-parent will then be recoverable as a debt from the birth parent.

Who can apply for child maintenance?

Applications for maintenance of a child may be made by any of the following people:
  1. The guardian of the child
  2. Anyone who has actual custody of the child
  3. A child who has attained the age of 21
  4. If a child is below the age of 21, any of his siblings who are older than 21 may also apply on his behalf.

Who can benefit from child maintenance?

Generally, children under the age of 21 will be eligible for maintenance from their parents. A maintenance order made before a child turn 21 ceases to be of any effect on the day the child turns 21 unless the maintenance order expressly states otherwise. Exceptionally, a dependent child above the age of 21 may also be eligible for maintenance under any of the following circumstances:
  1. The child suffers from a mental or physical disability
  2. The child is or will be serving full-time national service
  3. The child is or will be studying or undergoing vocational training
  4. Any other special circumstances
Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.
Call us on +65 6337 0469
  [post_title] => Child Maintenance [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-maintenance [to_ping] => [pinged] => [post_modified] => 2016-05-05 16:55:52 [post_modified_gmt] => 2016-05-05 08:55:52 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=968 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Child Maintenance[:zh]子女抚养费[:] ) [69] => WP_Post Object ( [ID] => 924 [post_author] => 4 [post_date] => 2014-01-14 06:45:11 [post_date_gmt] => 2014-01-13 22:45:11 [post_content] => Under Singapore law, the court has the power to order  the division of matrimonial assets in a “just and equitable manner”.[1]Some factors that the court will consider in arriving at a just and equitable division include:[2] The extent of contributions made by each party in money Needs of the children of the marriage The extent of contributions made by each party to the welfare of the family Any agreement between the parties with regards to the division of the matrimonial assets upon divorce What are matrimonial assets? As defined under the law, matrimonial assets include all property acquired during marriage.[3] Generally, properties acquired before the marriage are not matrimonial assets unless they are ordinarily used by the family or substantially improved by both or the other party. [4] Similarly, assets acquired by way of “gifts” or “inheritance” are not matrimonial assets unless they refer to the “matrimonial home” or is an asset which has been substantially improved by both or the other party. [5] Common examples of assets which may be put up for division include businesses, insurance, shares, car, savings, CPF balances and jewellery. Proportions As far as possible, courts will generally consider all factors, including indirect contributions, such as in the homemaking sphere. In short marriages, financial contributions tend to feature more prominently because indirect contributions tend to be limited. In long marriages, indirect contributions would be greater and it may be possible for a homemaker with no financial contribution to get a higher proportion. Proportions are decided on a case-by-case basis and there is no starting presumption that parties have contributed equally. There are several notable circumstances that affect division proportions. For instance, the total failure of one spouse in carrying out his/ her role could mean that one party gets majority of the matrimonial assets.[6] Or it could be that one party’s very exceptional contributions had resulted in the acquiring of massive matrimonial assets, in which case, that party might receive more in a just-and-equitable division.[7]
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
     


[1] S112(1) Women’s Charter
[2] S112(2) Women’s Charter
[3] S112(10)(b) Women’s Charter
[4] S112(10)(a) Women’s Charter
[5] S112(1) Women’s Charter
[6] Chan Siew Fong v Chan Fook Kee, SCA, [2002] 1 SLR(R) 93
[7] Yeo Chong Lin v Tay Ang Choo Nancy [2011] 2 SLR 1157 CA
  [post_title] => Division of Matrimonial Assets in Singapore [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => division-of-matrimonial-assets-in-singapore [to_ping] => [pinged] => [post_modified] => 2016-05-11 14:13:31 [post_modified_gmt] => 2016-05-11 06:13:31 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=924 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [70] => WP_Post Object ( [ID] => 752 [post_author] => 4 [post_date] => 2013-11-25 17:46:01 [post_date_gmt] => 2013-11-25 09:46:01 [post_content] =>

Is the collaborative Divorce process in Singapore right for me?

CFP may be the right choice for you if you seek:
  • a dignified approach to handling your divorce.
  • a fair and non-aggressive resolution of the issues based on the best interests of the family, not just the individual.
  • guidance, support and advice on legal issues without the threat of fighting in Court.
  • opportunity to work through the emotions and avoid misunderstandings so as to arrive at sound, well-thought out decisions.
  • to avoid the costs and emotional strain of Court proceedings.
  • you wish your dispute and the terms of your settlement to be confidential.
It is best to contact a collaborative lawyer to discuss your specific concerns. The collaborative process may not be appropriate in all cases.

What’s the difference between Collaborative Family Practice and mediation?

Although mediation can lead to successful settlement out of Court, mediation is generally still part of the litigation system. Lawyers are engaged as advocates in an adversarial role and parties are often mindful of any future Court proceedings. Mediation negotiations can usually be more tactical and there will be a neutral third party (either a mediator or Judge) who will facilitate discussions but will not provide legal advice. In the collaborative process, you will both have your respective lawyers sit with you in four-way face-to-face meetings. Rather than functioning as adversaries, your lawyers advise and support you towards achieving settlement. You will both be able to hear the advice your spouse receives from their lawyer throughout the process.

Will my lawyer still protect my rights?

Your lawyer is your advocate throughout the collaborative process and is committed to helping you achieve your reasonable settlement goals. However your lawyer will not adopt the adversarial role he or she would adopt in Court proceedings. The lawyer’s goal is to help you negotiate in a respectful and cooperative manner to achieve an outcome that is in the best interests of both you and your family. The lawyer will focus on educating you and advising you on the issues at hand and your options so that you can have control over your decision-making process.

Why would we use the collaborative process when our matter might settle before Court anyway?

Many family law cases do settle before trial however by embarking upon the path towards litigation you are engaging in an adversarial process. Collaborative divorce allows you to identify outcomes that balance the best interests of all members of the family without the fear or threat of litigation being used to force agreements or pressure decisions.

We both want to reach a settlement peacefully. Why not just make an agreement ourselves instead?

Divorce is a difficult time, even when both parties desire a peaceful and amicable resolution of their issues. Issues can crop up which parties haven’t foreseen and planned for. Parties can struggle at times to make big decisions even when they have the best of intentions. Collaboratively trained lawyers are skilled in helping you process and understand the issues at hand so that you can consider the long term implications of decisions regarding your children, finances and other matters. This can help prevent later litigation because you are unhappy with or did not fully understand the terms of an agreement you made yourself. Further, any collaborative settlement takes a quick route in the Court process, as such files are earmarked as a collaborative settlement case.

How do I get my spouse to agree to the collaborative process?

Discuss the process with your spouse and the benefits for both of you. You can encourage your spouse to read some of the literature on the process and also refer your spouse to this website. If your spouse is still unsure, you and/or your spouse could contact a collaborative lawyer for some more information.

How do I start the collaborative process?

First you need to contact a collaborative family lawyer. It is important that you choose a lawyer who has been trained in collaborative family law, in order for the process to be effective. The collaborative approach requires a special set of skills in guiding negotiations and in managing conflict. There are currently only a few lawyers trained in the collaborative process in Singapore. Ms. Gloria James is one of the first of these lawyers to receive such training.

What if my spouse already filed for divorce?

If your spouse has already filed for divorce, it is not too late to begin the collaborative process. Contact your collaborative lawyer to discuss your options.

What if we cannot reach a settlement?

If you cannot reach a settlement you can explore other options such as mediation to avoid going to Court. If either of you to decide to take your case to Court, you will need to use different lawyers. Your collaborative lawyers cannot act on your behalf in Court proceedings because they have signed the undertaking not to litigate. The collaborative lawyer will brief your trial lawyer to assist them with the transition from the collaborative process to litigation.  
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
Email Ms James at gloria@gjclaw.com.sg
[post_title] => Collaborative Divorce FAQs [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => collaborative-divorce-faqs [to_ping] => [pinged] => [post_modified] => 2016-05-30 23:25:31 [post_modified_gmt] => 2016-05-30 15:25:31 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=752 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [71] => WP_Post Object ( [ID] => 718 [post_author] => 4 [post_date] => 2013-11-24 11:33:52 [post_date_gmt] => 2013-11-24 03:33:52 [post_content] =>
Agreement arrived at Mediation. There are times when parties engage in mediation to work out a global settlement. Once settlement is agreed/reached and signed by parties, does it become binding?   Can I change it or choose not to comply with it?   What if I felt that I had entered into the agreement after a long session at mediation, and consented to it despite not fully understanding the terms. What happens? This was an issue faced in a recent high court matter. The judge had to consider whether he should give effect to the Settlement Agreement on its terms. The learned judge held that generally, agreements made in contemplation of divorce pertaining to the division of matrimonial assets should comply with the doctrines applicable to the law of contracts: see Lian Hwee Choo, Phebe v Tan Seng Ong [2013] SGCA 37 at [18]. The Settlement Agreement was legally binding at the point at which it was signed; the terms were certain and the parties were ad idem. However, an agreement made in contemplation of divorce is only one of the factors that the court should take into account under s 112(2) of the Womens Charter (Cap 353, 2009 Rev Ed) (Womens Charter) in determining what division is just and equitable.  And if the proposed division in the present case was just and equitable such that the judge should accord the Settlement Agreement conclusive weight. The judge was not persuaded by counsel’s argument that the policy of encouraging mediation would be furthered if the judge enforced the agreement made after mediation will depend, on usual contractual principles and crucially on whether there was an intention to enter into a legally binding settlement. In a division of matrimonial assets proceedings, the court is not merely enforcing an agreement or the resolution of a mediation; it is exercising its discretion under s 112(2), taking into account any agreement which may have been made and any other circumstances present, to determine  what is a fair and equitable division. No special status is accorded to an agreement following mediation. Vague considerations of any public policy to promote alternative dispute resolution mechanisms cannot override the courts duty to ensure that the settlement was fair and equitable.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Agreement arrived at Mediation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => agreement-arrived-at-mediation [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:39:13 [post_modified_gmt] => 2016-05-02 05:39:13 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=718 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [72] => WP_Post Object ( [ID] => 714 [post_author] => 4 [post_date] => 2013-11-24 11:21:59 [post_date_gmt] => 2013-11-24 03:21:59 [post_content] =>

What is material change in circumstances ? – for variation of maintenance

You must have heard this being mentioned by your lawyers or perhaps you read up or heard from friends who were divorced too.
  • Do you know how this will affect you when an order for maintenance is made by way of consent between parties or as ordered by the Court?
  • Do you know at which point in time you can apply to the court for variation of the maintenance?
  • Do you know what the court will take into consideration before making a variation either upwards or downwards?
Generally, an order on maintenance when made, still in force until the period is up or until an event specified in the order of court is up, or when the children are 21 yrs old or financial independence, or remarriage of the wife, or death of the wife or husband. The point in time when one can apply for variation of maintenance is when there is a material change in circumstances. This is not just a change but emphasis is on that being a material change. Thus a severe medical condition, a significant increase or decrease in salary, or accumulation of new found wealth, are deemed material change in a circumstances. In a recent case of Kishore Shewaram Mohinani v Padmabai d/o Ramchand Ladharam [2013] SGHC 223, a High Court decision, Justice Choo Han Teck took into consideration that the wife’s recent inheritance of estate valued at an estimated $1.8 million, did not justify the husband calling for a rescission of the maintenance order, but the inheritance was viewed as a material change in the circumstances calling for a downward variation of the maintenance order. This is because the inheritance enhances to a not insubstantial extent her ability to meet her expenses, and correspondingly warrants modifying in the husbands favour his obligation to enable her to meet her expenses.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
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WHAT IS NOMINAL MAINTENANCE?

Commonly known as the $1 maintenance. Under the Women’s Charter, it provides and allows woman to claim for maintenance.A woman can claim for maintenance at any point in time right up to divorce and post-divorce. Usually during a divorce settlement, there are some women who do not wish to claim for maintenance from the spouse, but prefer to reserve the rights to maintenance. Thus what does preserve rights to maintenance means? It basically means that in the event of a change of circumstances, ie material change of circumstances, the wife can seek for a variation ie increase in maintenance. But should such orders be made? If the husband has no objections to it, he can agree to the nominal maintenance being awarded. What if the husband objects? In such event, the court will make a decision as to whether it should make an order for nominal maintenance. Will such orders be upheld? In the recent High Court case of BGT v BGU [2013] SGHC 50 Justice Judith Prakash held : “…As for the wife, I see no need to make even a nominal maintenance order in her favour. She is gainfully employed, is eight years younger than the husband and has assets. She does not need to rely on the husband for support…”
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Nominal Maintenance Explained [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => nominal-maintenance-explained [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:28:22 [post_modified_gmt] => 2016-05-02 05:28:22 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=709 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [74] => WP_Post Object ( [ID] => 650 [post_author] => 4 [post_date] => 2013-10-20 12:11:30 [post_date_gmt] => 2013-10-20 04:11:30 [post_content] =>

What is an Ancillary Matters Hearing ? (the stages from obtaining Interim Judgment to Final Judgment)

1. After an interim judgment for divorce is granted, the court will fix a date for an Ancillary Matters Pre-Trial Conference (“APTC”). The APTC is a prelude to hearings for a determination of the ancillary matters. 2. Ancillary Matters deal with issues pertaining to custody care and control and access to the children; maintenance for spouse and child; division of matrimonial home; division of other matrimonial assets; and costs. 3. What are Matrimonial assets? Basically they include assets acquired by one or both parties during the marriage, assets used by one or both parties or their children, or even assets acquired before the marriage but substantially improved in quality during the marriage. Assets received as gifts or inheritance, are generally not considered as matrimonial assets. 4. The first notice from the Family Court will also provide you with directions to file the FORM 35 ie Affidavit of Assets and Means (referred to as the 1st AOM). 5. At the FIRST APTC, it is conducted by a Deputy Registrar. It is attended in chambers, meaning that the hearing is closed to the public and only the lawyers attend the hearing. The judge will ask if parties have filed and exchanged their 1st AOM. The judge will also direct parties to exchange proposals and consider if the matter come be dealt with at mediation. If yes, a date will be set for parties to attend Mediation with their lawyers. 6. If mediation is successful, then a terms of settlement will be recorded and thereafter the order of court will be extracted. And the Final Judgment shall be extracted after 3mths of Interim Judgment. 7. If mediation fails and there is no settlement, parties return for a SECOND APTC and they will be directed to file and exchange their 2nd AOM. A THIRD APTC is held and a status updated is given to the court. Directions are further given. Parties can have a final say and they can file and exchange their 3rd AOM. 8. During the interim period of the exchange of the Affidavits, parties can take out summons application on interrogatories; discovery; and even to the extent to expunge the other party’s affidavits ie on parts that are offending. 9. Once there are no more summons applications or AOMs filed, at the FINAL APTC, the judge will direct parties to file their Ancillary Matters Facts and Position Sheet, Checklist and Declaration of Assets. 10. If the net value of matrimonial assets is above S$1.5 million, the hearing is held in the High Court. Otherwise, it is heard in the Family Court. 11. At the FINAL APTC, the Ancillary Matters hearing date will be given with directions for parties to file their written submissions to the Court ahead of the hearing. 12. During the ancillary matters hearings, the court will take into account various factors to achieve a fair result whilst dividing contested assets. These include: a.     The extent of financial contributions towards these assets b.    The extent of non-financial contributions towards the welfare of the family c.     The giving of assistance by one which allows the other party to pursue his or her career. d.    Debt owed for joint benefit, individual benefit, or the child’s benefit e.     The needs of the child f.      Any pre-nuptial / marital agreements towards the divisions of assets g.    The financial independence of each party after divorce h.    The needs of each party after divorce 13. Then the Ancillary Matters order is passed, you will have 14 days to lodge an appeal in the event you are dissatisfied with the judgment. 14. If you are not appealing, then the Final Judgment can be extracted as by then, 3 months would have lapsed.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Ancillary Matters Hearing [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => ancillary-matters-hearing [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:59:55 [post_modified_gmt] => 2016-05-02 05:59:55 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=650 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [75] => WP_Post Object ( [ID] => 646 [post_author] => 4 [post_date] => 2013-10-20 11:52:26 [post_date_gmt] => 2013-10-20 03:52:26 [post_content] => Adultery takes place when a married person has an extra-marital sexual relationship with another person with whom he/she is not married to whilst being married.

How is adultery defined under Singapore Law?

Under s95(3)(a) of the Women’s Charter, you have to 2 elements to prove: (a) that adultery has taken place; (b) that it is intolerable to live with the other party.

How is the fact of adultery proven? What evidence must I gather?

The standard of proof is usually high and can be proven by confession, by having direct evidence such as a Private Investigator’s report, indirect evidence or if there is a birth of a child that is not of spouse.

What happens if I do not have concrete evidence?

You may want to seek professional help from a Private Investigator (PI) or consider commencing divorce proceedings due to unreasonable behaviour / unreasonable behaviour with improper association instead of adultery. By engaging a PI, you have to be prepared for costs even higher than costs for divorce. Further there is no guarantee that the PI report will stand the test if strong evidence is not obtained. If you are not able to afford a PI, then best consider proceeding with your spouse’s unreasonable behaviour instead.

Who can commence an action for divorce based on adultery?

An adulterer cannot commence an action for divorce based on his/her own adultery. only the aggrieved spouse may commence action.

Is there a time limit on filing for divorce based on adultery?

If after finding out about the adultery, and the aggrieved party continues to live with his/her spouse for a period of 6 months, the plaintiff shall not be entitled to rely on that adultery for divorce.

What is the implication of a divorce based on adultery for a Defendant?

Firstly, the Defendant and/or the Co-Defendant shall be penalized with paying for the legal costs of the divorce proceedings and the Private Investigation costs (if any). Secondly, children issues are decided with the welfare of the child as the main consideration. If the adultery is with multiple partners and the parent has a promiscuous lifestyle that could put the parent in a bad light and might prevent him/her from being a good parent, it may have a bearing on who gets care and control of the child.

Does the fact of adultery allow the aggrieved spouse to commence divorce immediately? Is divorce automatically granted?

You can commence divorce if you are a Singapore citizen or you have lived in Singapore for at least 3 years before commencing the divorce or are domiciled in Singapore. You have to have been married for at least 3 years. The fact of adultery has to be proven. Thus, divorce is not automatically granted, you still have to go through the divorce process.

What if I am only married for a few months or a couple of years and I find out that my spouse is cheating on me? Can I commence divorce immediately?

You cannot apply for a divorce if you have been married for less than three years unless you have the Court’s permission to do so. This means you need to take out a separate court application prior to commence divorce proceedings.
Gloria James-Civetta & Co offer a free initial consultation for Divorce Matters.
Call us on +65 6337 0469

Does committing adultery compromise my position in the ancillary matters?

The courts will divide the assets under the principle of what is “just and equitable” and maintenance will decided on what the courts think is “reasonable”. The factors under the Women’s Charter have to be met by the court upon making any determination of division of assets and the award of maintenance.

Will committing adultery cause me to lose custody of my child, affect division of the matrimonial assets and the awarding of maintenance?

A parent does not lose the custodial rights over a child merely because of the adultery. In Singapore, the courts favour joint or shared custody so that both parents can partake in the major decisions of the child’s life.

What if my spouse and I have executed a Deed of Separation and I start seeing someone else? Can my spouse now allege that I have committed adultery?

If both parties agree, you can have a condition in the Deed of Separation indicating that both parties will live apart as if they were single and unmarried and that neither party can use adultery during this period of separation as grounds to commence Divorce proceedings against the other.
"Whatever your situation, our family law practitioners are here to offer you sensitive, cost effective and expert advice”
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Adultery – FAQ`s . . . . . Gloria James-Civetta & Co [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => adultery-faqs [to_ping] => [pinged] => [post_modified] => 2016-05-01 01:32:45 [post_modified_gmt] => 2016-04-30 17:32:45 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=646 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [76] => WP_Post Object ( [ID] => 614 [post_author] => 4 [post_date] => 2013-10-15 13:09:11 [post_date_gmt] => 2013-10-15 05:09:11 [post_content] => Yes, get your lawyers to file an application in Court to seek the Court’s permission to file for divorce.
1.     What reasons must I show to the Court if I seek the permission?
  • That you have suffered exceptional hardship during your marriage; or
  • Your spouse has behaved with exceptional depravity ie behaved unusually bad.
2.     What does exceptional hardship or exceptional depravity mean? A Singapore high court ruled : Exceptional hardship is something quite out of the ordinary and more than what an ordinary person should reasonably be asked to bear. 3.     How should the court consider this rule? It is necessary for the court to consider whether the allegations made were such that, if proved, would amount to exceptional hardship. The court could take into consideration hardship arising from the past conduct of the other spouse, the present hardship as well as hardship arising from having to wait for the three-year bar to elapse. The hardship suffered must be something out of the ordinary, judged by the prevailing standards of acceptable behaviour between spouses. 4.     Is there anything else I must do to support my case? It is highly recommended to get a psychiatrist report to support your court application.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => I have been married for less than 3 years, can I get a divorce? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => i-have-been-married-for-less-than-3-years-can-i-get-a-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:40:00 [post_modified_gmt] => 2016-05-02 05:40:00 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=614 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [77] => WP_Post Object ( [ID] => 602 [post_author] => 4 [post_date] => 2013-10-15 10:53:50 [post_date_gmt] => 2013-10-15 02:53:50 [post_content] => 1.    How do I start the divorce process? If you are able to communicate with your spouse, then have a discussion of your intention to divorce and start talking terms. If you are near settlement, you will need to engage a lawyer to start preparing the divorce papers. If you are unable to communicate or discuss with your spouse, fret not, meet a lawyer and discuss how you should proceed. 2.    When can I commence divorce? As long as your meet the statutory requirements of being married for more than 3 years, have a reason for the breakdown of the marriage, and having satisfied the jurisdiction issues, you can proceed with divorce. 3.   How long is the process? Divorce process is usually 5-6 months for uncontested divorce. It takes 2-3 months to Interim Judgment stage and another 3 months to Final Judgment stage.   4.    What is the basis of divorce? The law under the Women’s Charter requires you to show that the marriage has irretrievably broken down. 5.    What must I show? You have to show one of the 5 facts i.e adultery, unreasonable behaviour, desertion, 3 years separation with consent or 4 years separation. The first three are under FAULT basis, and the last two are under NO-FAULT BASIS. 6.    How will my assets be divided? The law under the Women’s Charter will divide the assets under the principle of what is “just and equitable”, based on parties direct and indirect contributions and looking at the length of the marriage. The court makes a division on matrimonial assets which are in parties’ joint names. Assets in sole name but acquired during the marriage will also be considered as long as that particular asset was used as a matrimonial property, or impoverished by the other spouse. 7.     How much maintenance will be awarded? The parties can agree on the amount to be provided either on a monthly basis or on a lump sum basis. If parties are in dispute, the law under the Women’s Charter will look at several factors when considering and determining the amount of maintenance to be awarded. The factors are: the spouse’ earning capacity, age, standard of living, lifestyle accustomed to and their financial needs. A breakdown of the monthly expenses will aid in determining what s the fair amount. 8.    Who gets custody of the children? Parties can agree on whether it is going to be a sole or joint custody order. Usually, court is more inclined to award joint custody with sole care and control to the mother especially when the children are young. However, if there is only one child who shares a very strong bond with both parents, the court is inclined to look at joint custody with shared care and control to both parents. Resulting in the child spending one week with one parent and the following week with the other parent. 9.    How much access will be given? Access can be liberal, reasonable or supervised. Alternatively parties can mutually agree on what would be fair. Usually parties can have access on the weekday, weekend, school holidays, festive occasions, public holidays and special occasions. 10.    Can the child's name be changed? The child’s name cannot be changed unless with consent of the other parent. Strictly, surname cannot be changed. 11.    Can I keep my husband's name after the divorce or do I need to change it? You can keep your husband’s name. It is your personal choice. 12.    Can I start dating during the divorce process? Technically you can if you are the Defendant and once papers have been served on you.   13.   Can I acquire new assets during the divorce process? Yes you can. But you should note the implication if you include it as a joint asset. There are case laws that talk about the point of time the assets are acquired either in sole name or joint names and whether it becomes included as an asset or not during the time of division.   14.    Can I start moving my assets? No, you should not be doing this. Your spouse can take out an application to stop you from doing this. However there are occasions when one party start moving the asset out ie especially for monies standing in the joint bank accounts. 15.   Can divorce be done amicably? Is there an alternative to litigation process? Yes. Try the Collaborative Family Practice approach, using the specially trained lawyers.
For further clarification, please refer to our blog or contact us for a free consultation.
Call us on +65 6337 0469
[post_title] => Common Divorce Questions - FAQs [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => common-divorce-questions-faqs [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:35:03 [post_modified_gmt] => 2016-05-02 03:35:03 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=602 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [78] => WP_Post Object ( [ID] => 595 [post_author] => 4 [post_date] => 2013-10-15 06:22:33 [post_date_gmt] => 2013-10-14 22:22:33 [post_content] =>

As a Single mother you have issues pertaining to the child's guardianship and welfare to be taken care of.

Some name the natural father on the child's birth certificate, whilst some don't. By not naming the father, the law automatically assumes you as the legal guardian of the child. Though the natural father can apply to have access to the child. However, a DNA report would be necessary as the court would require evidence confirming paternity. If the natural father's name is on the birth certificate, then an application under the Guardianship of Infants Act can be made to determine issues of guardianship, ie custody, care and control, access and even child maintenance. There are times when the natural father doesn't take financial responsibility and what do you do then? You can file an application in the family court for interim maintenance for the child. The court will determine the award of maintenance to give.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => What if I am not married but I have a child out of wedlock? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-if-i-am-not-married-but-i-have-a-child-out-of-wedlock [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:50:03 [post_modified_gmt] => 2016-05-02 04:50:03 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=595 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [79] => WP_Post Object ( [ID] => 590 [post_author] => 4 [post_date] => 2013-10-13 12:11:36 [post_date_gmt] => 2013-10-13 04:11:36 [post_content] => When you are served with the divorce papers, you cannot simply ignore the service. It is important for you to enter an appearance in a divorce suit to show your intention to defend the action and submit to the jurisdiction of the court. The process is done by filing a Memorandum of Appearance (Form 17) through your appointed lawyers, and it must be filed within 8 days of the date that the divorce documents were served on you. If you were served outside Singapore, you have 21 days to file the Memorandum of Appearance. In the Memorandum of Appearance, you have to indicate whether you are contesting the divorce itself, or the ancillary matters, or both. Failing to Enter an Appearance will result in the initiating party to proceed as if the divorce is being uncontested. A divorce date will be given and an interim judgment will be pronounced. If you do decide to Enter an Appearance after the time period has lapsed, you will have to ask your lawyers to file the necessary paper work to have it set aside and to allow you to file your Defence and Counterclaim out of time. This will result in additional legal costs to be incurred and you shall also be penalized to pay some wasted legal costs to the other side.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Importance of Entering an Appearance [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => importance-of-entering-an-appearance [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:12:00 [post_modified_gmt] => 2016-05-02 06:12:00 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=590 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [80] => WP_Post Object ( [ID] => 582 [post_author] => 4 [post_date] => 2013-10-05 15:39:28 [post_date_gmt] => 2013-10-05 07:39:28 [post_content] =>

When can I Remarry?

  • Upon obtaining the Final Judgment of your divorce, you can then proceed to remarry.
  • You must wait for 3 months before the Final Judgment can be issued.
  • You cannot remarry upon obtaining the Interim Judgment (temporary divorce). It will be a criminal offence ie: bigamy and you can be jailed and fined.
  • You can apply for an abridgment to shorten the time, though this is subject to court’s decision to grant it or not.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => When can i Remarry ? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => when-can-i-remarry [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:46:01 [post_modified_gmt] => 2016-05-02 05:46:01 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=582 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [81] => WP_Post Object ( [ID] => 577 [post_author] => 4 [post_date] => 2013-09-02 11:24:03 [post_date_gmt] => 2013-09-02 03:24:03 [post_content] => A deed of separation sets out the date on which parties decide to separate, and the terms on which they shall organise their affairs during this period of separation. Requirements of a deed of separation You would need you to tell your Singapore divorce lawyer the terms upon which you and your spouse wish to separate. For instance: - Who shall have care and custody of the child in the interim? - What are the access arrangement to the parent who does not have care and control of the child? - What are the maintenance (i.e. financial) arrangements relating to the child? - Is the wife to also receive a maintenance sum from the Husband? - Who is going to live in the matrimonial property? - How are joint account monies to be dealt with? This list is not exhaustive, and you may include any other agreements that you may have. Time There is usually a deadline for a deed of separation, whereby parties will review whether or not to proceed with a divorce at that deadline, or to continue with separation. You can decide this point of reviewing between yourselves.
If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Terms in a Deed of Separation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => terms-in-a-deed-of-separation [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:50:25 [post_modified_gmt] => 2016-05-02 06:50:25 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=577 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Terms in a Deed of Separation[:zh]分居协议[:] ) [82] => WP_Post Object ( [ID] => 574 [post_author] => 4 [post_date] => 2013-09-02 11:15:00 [post_date_gmt] => 2013-09-02 03:15:00 [post_content] =>

"Annulment is a legal procedure for declaring a marriage null and void. An annulled marriage is considered to be invalid from the beginning, almost as if it had never taken place"

What is an Annulment? How is it different from a divorce? An annulment is a legal procedure to dissolve a marriage, declaring it null and void. However, unlike divorce proceedings, an annulment works on the basis that the marriage never properly existed in the first place. It is possible to consider a nullified marriage as an alternative to divorce. However, one must bear in mind the qualifying grounds for an annulment of marriage, which can be rather different than the typical grounds for divorce. Does my marriage qualify for an annulment? Chapter 3 of the Women’s Charter separates annullable marriages into ‘void’ and ‘voidable’ marriages. While void marriages are automatically annulled, voidable marriages can still be challenged. This applies to all marriages that have taken place after 1st June 1981. The following marriages are void under s. 105 of the Women’s Charter: • s. 3(4), A marriage between persons who are Muslims • s. 5(1), Anyone who is already lawfully married to a spouse under any law, religion, custom or usage. • s. 9, A marriage between persons below the age of 18 years, unless specially authorized the Minister (under s. 21 of the Women’s Charter). • s. 10, A marriage within specific degrees of kindred and affinity (as defined in the First Schedule of the Women’s Charter). • s. 11, A marriage in which either party is already married under any law, religion, custom or usage to another person. • s. 22, A marriage that has not been solemnized in the presence of 2 or more witnesses - on the authority of a valid marriage license, - by the Registrar or someone who has been granted a license to solemnize the marriage. The following marriages are voidable under s. 106 of the Women’s Charter: • s. 106(a), s. 106(b), Unconsummated marriages, due to one party being either unable or unwilling to consummate it • s. 106(c), A marriage that has not been validly consented to, due to one party consenting under duress, by mistake, or with a mental disorder, etc. • s. 106(d), A marriage that was validly consented to but, at the time of marriage, one party was suffering from a mental disorder that left them unfit for marriage (as defined in the Mental Health (Care and Treatment) Act 2008) • s. 106(e), A marriage where, at the time of marriage, the Defendant was suffering from a communicable sexually-transmitted disease • s. 106(f), A marriage where, at the time of marriage, the Defendant was pregnant by someone other than the Plaintiff. What are the proceedings in an Annulment?  Under s.104 of the Women’s charter, either the husband or the wife in the marriage must file a Writ of Nullity. The party who files the writ will then become the Plaintiff, where the other party in the marriage will then become the Defendant. The Defendant can challenge the annulment by proving to the court that: • s. 107(1)(a), The plaintiff, knowing that they could have avoided the marriage, acted in a way that lead the defendant to reasonably believe the Plaintiff did not want to avoid it; • s. 107(1)(b), It would be unfair to the defendant if the marriage were annulled. Under s. 107 of the Women’s Charter, the following circumstances can also make an annulment invalid: • s. 107(2), An annulment on the grounds under s. 106(c), (d), (e) or (f) will be invalid unless annulment proceedings began within 3 years from the date of the marriage. • s. 107(3), An annulment on the grounds under s. 106(e) or (f) will be invalid unless it can be shown that the plaintiff was, at the time of the marriage, ignorant of the facts alleged by the grounds. What happens after the Annulment? If a Plaintiff is successful in proving that the marriage is annullable, the court will grant a Judgement of Nullity, dissolving the marriage. However, any children born in the marriage will still be considered legitimate children. Annulments can be confusing and intimidating. However, with a clear understanding of what to do, and the advice of a lawyer, an annulment may provide you with a viable alternative to divorce. final
"We don't just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
Should you require legal representation, kindly contact Gloria James-Civetta & Co, for a free 20-minute consultation with one of our lawyers.
Call us on +65 6337 0469
[post_title] => Annulment Explained (Flowchart) [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => annulment [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:12:48 [post_modified_gmt] => 2016-05-02 06:12:48 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=574 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [83] => WP_Post Object ( [ID] => 570 [post_author] => 4 [post_date] => 2013-09-02 11:01:41 [post_date_gmt] => 2013-09-02 03:01:41 [post_content] => If parties wish to live apart permanently but do not wish to commence divorce proceedings for various reasons, then you may make an application to Court for Judicial Separation. I. JUDICIAL SEPARATION
  • The decree of a judicial separation is a court order whereby a married couple is legally separated but not divorced.
  • Once the couple has been granted a Judicial Separation, they are relieved from any marital obligations to each other and are free to permanently live apart from each other.
  • Sufficient and reasonable grounds for legal separation in Singapore:
    • The couple should be legally married for no less than 3 years.
    • Irretrievable breakdown of the marriage, on the grounds of adultery, unreasonable behaviour, or desertion.
II. JUDICIAL SEPARATION VS DIVORCE
  • A judgement of Judicial Separation granted by the Court does not permit either party to remarry, since the decree of judicial separation does not terminate a marriage, unlike in divorce.
  • In a judicial separation, parties would be entitled to similar claims as in a divorce, e.g. custody of the children, matrimonial assets etc.
  • The court has the same range of powers as in divorce cases to issue orders on dividing the matrimonial property and providing for the custody, care and control and maintenance of children.
III. PURPOSE
  • When a married couple do not wish to continue living together yet do not wish to pursue divorce proceedings, they have legal recourse in Singapore to apply to the family court for a Judicial Separation.
  • Reasons for why parties may but opt for a Judicial Separation instead of proceeding with a divorce:
    1. religious commitments,
    2. moral grounds,
    3. societal norms or
    4. responsibility of their children.
If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Judicial Separation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => judicial-separation [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:54:32 [post_modified_gmt] => 2016-05-02 06:54:32 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=570 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [84] => WP_Post Object ( [ID] => 565 [post_author] => 4 [post_date] => 2013-09-02 10:37:09 [post_date_gmt] => 2013-09-02 02:37:09 [post_content] =>

Agreements between Husband and Wife. Which prevails? Oral or Written? What’s the position here in Singapore?

In LIAN HWEE CHOO PHEBE v TAN SENG ONG [2013] SGCA 37, Facts The husband refused to accede to the request on the ground that the parties had agreed in 1985 to divide their matrimonial assets and cease community of assets, with both parties thereafter having no claim to future assets acquired by the other during marriage (the Agreement). This was the first time that the husband had alleged the existence of the Agreement. There was no signed agreement between parties. The Court of Appeal ruled as follows: If in any particular divorce proceedings it is established that an agreement falling within s112(2)(e) exists, that agreement is only one of the factors the court has to consider when deciding how the matrimonial assets are to be divided. To determine whether an agreement of the type specified in s 112(2)(e) of the Charter exists, two elements must be met: first, there must have been an agreement with respect to the ownership and division of matrimonial assets; and second, the aforesaid agreement must have been made in contemplation of divorce. The Court Held: We found that there was no agreement for the disposition of assets made in contemplation of divorce within the meaning of s 112(2)(e) of the Charter. The case also clarified that a pre-nuptial agreement would fall within the section and be considered in the distribution of assets in the event of the divorce, as long as both parties intended for the agreement to be decisive. In Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur [2014] SGCA 37, the parties managed to reach a settlement agreement during mediation, which was duly signed. However, the wife changed her mind later. The Court of Appeal eventually decided that the settlement agreement did indeed fall within Section 112(2)(e), and that it ought to be followed. An important consideration was the fact that the agreement had been made as a result of the mediation process. What can be learnt from these two cases? Should you decide to make an agreement regarding the distribution of matrimonial assets, it is vital to ensure that both parties intend the agreement to be binding. It would be immensely helpful to have the agreement in written form, with the intentions of both parties clearly stated. Pre-nuptial and post-nuptial agreements are good examples of binding agreements.  
If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Agreements Between Husband and Wife Over Matrimonial Assets (updated August 2014) [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => oral-agreements-between-husband-and-wife [to_ping] => [pinged] => [post_modified] => 2016-05-02 12:02:09 [post_modified_gmt] => 2016-05-02 04:02:09 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=565 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [85] => WP_Post Object ( [ID] => 555 [post_author] => 4 [post_date] => 2013-07-28 14:01:01 [post_date_gmt] => 2013-07-28 06:01:01 [post_content] =>

What does Living Apart mean for divorce based on 3 or 4 years separation?

    • Meaning of living apart in the context of separation as required under Section 95 of the Women’s Charter to prove the irretrievable breakdown of marriage. There are two dimensions in the concept of “living apart”: the physical and the mental.
    • This position was impounded in the case of Deepak Govindran Kirpalani v Rita Kishinchand Bhojwani [2006] SGDC 173 reiterates that there must be a mental element that turns the physical separation into the “living apart” that is required by s 95(3). The requisite mental element is that the parties must live in separate households by choice and not due to necessity.
    • For example, parties cannot rely on the period of time that they have lived physically apart due to one party being posted to another country for work purposes.
    • However, if parties choose to live apart by choice, attempts by either party to salvage the marriage do not of themselves cause the living apart to lack the mental element.
What if parties reconcile for a short period of time during the period of separation?
  • Section 95(7) contemplates that parties may resume living together, perhaps with a view to salvaging the marriage, but, if that period does not exceed six months, the fact of living together does not prejudice the plaintiff’s case in relying on the fact of living apart.
 
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Living Apart from Your Spouse [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => living-apart-from-your-spuse [to_ping] => [pinged] => [post_modified] => 2016-05-11 14:34:09 [post_modified_gmt] => 2016-05-11 06:34:09 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=555 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [86] => WP_Post Object ( [ID] => 547 [post_author] => 4 [post_date] => 2013-07-28 13:43:01 [post_date_gmt] => 2013-07-28 05:43:01 [post_content] =>

CHILDREN AND THE LAW. What is the position in the Singapore context for the following ?

Custody There are, altogether four types of custodies that may be granted by the courts.
  • Sole Custody Order- The custodial parent is the sole decision maker of the welfare of the child.
  • Joint custody order- Both parents are decision makers of the welfare of the child.
  • Hybrid order- Custodial parent must consult the non-custodial parents on matters pertaining to the welfare of the child.
  • Split Custody order- custody of one or more siblings is granted to one parent and the custody of the other siblings is granted to the other parent.
How does the court decide which kind of custody is best suited for each case? The court decides the best parent for the child to live with based on legal documents such as affidavits and sworn documents presented to the court. The judge may choose to interview the children directly. In some cases a welfare report will be obtained. The ruling will be based on what best serves the needs of the children and not the parents. Considerable effort will be made to ensure the children are not placed in the home of a substance abuser or where they will suffer any type of physical or verbal abuse that might prove to be detrimental to their welfare. One is best adviced to consult and be guided by an experienced divorce lawyer for options and likely outcomes that can be expected. Care and Control Care and control is the right to have children live with you and to make daily essential decisions about them. It normally lies with one parent, the custodial parent and for practical reasons, the non-custodial parent who does not have care and control of the child will have access to the child. Access There are two types of access orders. Supervised and non-supervised access orders. Access orders are generally unsupervised. The non-custodial parent will be able to spend time on his own with the child without any third party supervising the access. If access is to be supervised, it is generally for the reasons below.
  1. to protect the child from possible physical and emotional;
  2. to assess the relationship of the non-custodial parent with the child, especially if contact has been infrequent; or
  3. to strengthen the relationship between the child and the non-custodial parent
Maintenance and Custody It is the joint duty of the parents to maintain the child and to ensure that the basic necessities are met. The ratio of the parties’ incomes act as a determining factor in the percentage ratio of the contribution. What if the child is not a child of the marriage but accepted as a child of the marriage ? The law treats the child as a child of the marriage, and parents have a duty to maintain and take care of the child. What is CFRC? and how does the Family Court of Singapore deal with this ? CFRC means child focused resolution centre, is located at Central Mall, a new wing of the Family Court jurisdiction. CFRC is a mandatory mediation and counselling for parents to attend with their lawyers for the main purpose of resolving in an amicable manner on issues concerning any children under 14 years of age. Injunction - to prevent unlawful removal of the child This is usually granted at the ex-parte stage, and subsequently resolved when there’s a resolution of the custody and access issues. Child Abduction aka Child kidnapping  With the formation of the Central Authority of Singapore, and Singapore’s accession to the Hague Convention and enshrined in statute ie Child Abduction Act, 2010, children’s issues are no longer a nightmare. What is the position with illegitimate children, orphans in view of death of parents? The position is governed under the Guardianship of Infants Act and the Women’s Charter. In the event of a divorce, is there a duty to maintain a child that is not yours but has been accepted as a child of the marriage? Yes. Why? Reference is made to the case of AJE v AJF [2011] 3 SLR 1177 The High Court ruled that Under s 70(1) of the Women's Charter if the child was already adequately maintained by his or her parents, there was no duty on the non-parent to provide further maintenance for the child. However, if the child received some maintenance from the parents which was insufficient for his or her requirements, then the non-parent who had accepted the child as a member of his family had the duty to provide the child with such additional maintenance within his means as was reasonable for the child. What does Section 70(1) state? That a person who "has accepted a child ... as a member of his family" would have a duty to continue to maintain the child "while he remains a child" and not while the child continued to be accepted as a member of the family.  The person had no right to opt out of the duty because s 70 did not provide that after a person had accepted a child as a member of his family, he could change his mind and stop maintaining the child.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
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To Divorce or not ?

This question plays in your mind when you are faced with the desire to end the marriage immediately but fear the after effects upon your loved ones. You also ponder if this is the right time to commence legal proceedings. Your marriage has broken down and you find it intolerable or impossible to continue or to keep up appearances, but you also have the unenviable task of breaking  the news to your children. Do not stay in the dark, you should consult a family / divorce lawyer to know your options. Some possible options are : 1.  Deed of Separation 2.  Deed of Reconciliation 3.  Marital Agreement 4.  Immediate divorce on fault basis. You can also consider engaging a Collaborative Practice Family Lawyer to achieve an uncontested divorce with a global settlement on the ancillary issues. Our lawyer, Ms Gloria James,  is one of the 17 approved Collaborative Practice Family lawyers in Singapore.
If you need legal representation or simply want to explore your options further, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => to divorce or not [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => to-divorce-or-not [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:14:36 [post_modified_gmt] => 2016-05-02 02:14:36 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=539 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [88] => WP_Post Object ( [ID] => 535 [post_author] => 4 [post_date] => 2013-07-21 08:17:03 [post_date_gmt] => 2013-07-21 00:17:03 [post_content] => These agreements are made during the marriage and in contemplation of divorce. Parties work together with their lawyers to draw up the agreement. Question: Does the court System in Singapore recognise such agreements? Answer: YES ,provided it does not fall contrary to the provisions of the Women's Charter.
Should you be considering a maritalagreement or require more information, please contact M/s Gloria James-Civetta & Co
Call us on +65 6337 0469
[post_title] => Marital Agreement / Post Nup‏ [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => marital-agreement-post-nup%e2%80%8f [to_ping] => [pinged] => [post_modified] => 2016-05-02 13:30:20 [post_modified_gmt] => 2016-05-02 05:30:20 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=535 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [89] => WP_Post Object ( [ID] => 529 [post_author] => 4 [post_date] => 2013-07-21 08:08:41 [post_date_gmt] => 2013-07-21 00:08:41 [post_content] => Choosing to Mediate a Divorce can occur at pre-trial stage or subsequent to parties filing legal action. Couples opting for this process, engage the services of a Family Mediator to help them reach terms and settlement before ending their marriage. Mediation Involving Children (Court Mediation) For couples with children below the age of 14 in Singapore, it is compulsory for them to attend Child Focused Resolution Centre mediation sessions, which revolve around the need for parents to develop meaningful relationships with their children, address the issues of custody & access, and negotiate the dynamics of co-parenting after divorce. For those with children between the ages of 14 and 21, they would need to attend mediation at the Family Court to address children and other ancillary (financial) issues. CFRCs are mediated by trained Judges-Mediators. At this stage there need not be an agreement on (financial) ancillary issues but couples are encouraged to reach a global settlement. It makes sense for separating couples with children to try and mediate their Divorce to reach terms and financial settlement. The mediation process will lessen the impact of the divorce on children and avoid the often lengthy and draining litigation process.   Private mediation In divorce mediation, couples meet with a neutral third party, the mediator (who is a neutral third party), and with his help, they work through the issues that need to be resolved, in order to move on amicably and in a cost effective manner. The issues covered by the mediation process include, but are not limited to the following: Distribution of property & assets Child Custody/parenting plan Child Support/Maintenance Allocation With the help of the couple, the mediator addresses and works out agreements on the above mentioned issues. If agreements are hard to reach, it is the mediator`s job to keep the lines of communication open and keep the couple focused on the issues at hand. Mediation is a civil way to resolve financial and parenting issues when couples make the difficult decision to separate and subsequently divorce. When the Mediation is completed and all Issues are covered, a Memorandum of Understanding is drawn up by the mediator. It contains the agreement that couples have undertaken, and then submitted to their respective Lawyer/s, who will complete the required divorce/separation forms as an uncontested divorce. What is the difference between Mediation and the Collaborative Divorce process? The answer to this question is not an easy one. Whilst the desired outcome form both models of negotiation are the same, they each vary in negotiation styles and consequences, should each model of Mediation fail. In Mediation, lawyers will be advocating their clients’ positions to a greater degree and Mediation negotiations will by nature be more tactical. In the Collaborative Process, their collaborative focus is to help parties to reach decision on their issues and support couples towards achieving settlement. If negotiations break down in the Mediation process, parties are still allowed to retain their representing lawyers and proceed to file for Divorce through the family Court system for directions and ruling. However, in the Collaborative Divorce Process, representing lawyers are not allowed to further represent their clients should the process fail and the divorce process will have to be initiated by another family lawyer. Ms Gloria James is a trained Family Law Mediator, experienced in making sure that separating couples cover all terms and settlement issues when employing the mediation process. As a certified Associate Mediator at the Subordinate Courts of Singapore and the Singapore Mediation Centre, Ms james has presided over numerous cases with successful resolution throughout SMC scheme.
Should you require more information, please contact M/s Gloria James-Civetta & Co
Call us on +65 6337 0469
[post_title] => About Mediation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-is-mediation [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:56:46 [post_modified_gmt] => 2016-05-02 06:56:46 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=529 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]About Mediation[:zh]离婚调解[:] ) [90] => WP_Post Object ( [ID] => 524 [post_author] => 4 [post_date] => 2013-07-21 07:53:54 [post_date_gmt] => 2013-07-20 23:53:54 [post_content] =>

Child Custody for Fathers: Common Questions

For Fathers, it may at times appear that the Mother has the upper hand in child custody battles, and that the Women’s Charter favours the Mother. However, this is a notion and not a fact. What you must always keep in mind is that the court’s first and foremost consideration will be your child’s interests and welfare. Your child’s welfare is not measured in monetary terms, and it includes your child’s moral and religious welfare, physical well-being, ties of affection, happiness, comfort and security. Parents are expected to place their children’s needs before their own. [toggle title="What custody orders can I ask for in relation to my child?"] There are 3 main types of orders which can be made in relation to your child:
  • Custody Order (Joint or Sole)
Custody is the right to make the more important, longer-term decisions concerning the upbringing and welfare of your child. Some major examples are decisions involving religion, education and medical treatment. The court’s starting position is to give both parents the right to make such major decisions jointly, unless it can be shown that such an arrangement has proven to be completely unworkable, there has been serious child abuse or one parent has been absent in the child’s life.
  • Care and Control Order (i.e. Primary Residence of the child)
The party given care and control is the parent whom the child will live with on a day-to-day basis. That parent is given the right to make the everyday decisions relating to the child, such as what the child will eat and wear on a daily basis. Care and control can also be shared, where the child lives with each parent on a rotational or alternating basis.
  • Access Order
Access is given to the parent who does not have care and control of the child. Such orders can be governed by a court order or sorted out between parents privately. Types of access orders can be liberal, reasonable or supervised (accompanied). Common access periods can be during weekdays, weekends, public and school holidays, as well as access on special occasions such as the child’s birthday, Father’s and Mother’s Day. Where necessary, the above orders can also be modified over time, as the court is always attentive to the ongoing and evolving interests of your child. You can read more about the types of custody orders here: http://singaporedivorcelawyer.com.sg/child-custody-access-and-the-welfare-principle/ [/toggle] [toggle title="As a Father, how likely am I to obtain sole care and control of my child?"] If your child is of a very tender age, and is still unable to express clearly which parent they wish to live with, the court is more likely to award sole care and control to the Mother, unless you can show that you have been the primary caregiver. You can, however, consider asking for shared care and control if your child has not yet started a formal schooling routine, and can be shuttled easily from one parent to another. For many Fathers, this is the next best alternative to sole care and control. Before requesting for shared care and control, do start making changes to your lifestyle to show the court that you are serious about playing an active role in your child’s upbringing. For example, cut down on your working hours, or work from home (flexible work hours) if possible. The court will also consider your other lifestyle choices such as how often you smoke or gamble, how much time you spend bonding with your child, and how you have participated in your child’s health and studies. Your residence and distance from the child is another consideration. [/toggle] [toggle title="My wife has committed adultery. What impact will that have on the likely orders I can obtain in relation to my child?"] Adultery only goes towards showing how your spouse has fallen short in her duties as your wife, but not how she has failed in her duties as a Mother. If your wife’s adultery involves multiple partners, and she has led a promiscuous lifestyle that could put her in a bad light and might prevent her from being a good parent, such will be factors which may have a bearing on who gets care and control of your child.[/toggle] [toggle title="I think my wife will make it very difficult for me to get access to my child. What can I do?"] In such situations, the court can grant a specific order for assisted access or appoint a parenting coordinator lawyer to assist in a parenting plan. For assisted access, this involves facilitating your child’s transfer from one parent to the other at Family Service Centres or Neighbourhood Police Posts. The exchange will be supervised by professionally trained staff. Such an arrangement helps to minimise contact and the potential for conflict between you and your wife. If the court appoints a parenting coordinator, the appointed lawyer will work with parties to draw up a parenting plan, and monitor the progress over a period of 6 to 24 months. The court also has the power to subsequently review how these access arrangements have been working out for both parents and the child.[/toggle]
And if you need legal representation on dealing with the division and settlement of the ancillary issues, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Men and Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => men-and-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-06 14:21:42 [post_modified_gmt] => 2016-05-06 06:21:42 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=524 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [91] => WP_Post Object ( [ID] => 515 [post_author] => 4 [post_date] => 2013-07-16 15:24:10 [post_date_gmt] => 2013-07-16 07:24:10 [post_content] => Collaborative Divorce  (Collaborative Family Practice) is a dispute resolution process new to Singapore. It is a legal process whereby couples who have decided to separate or end their marriage, can avoid the lengthy and costly process of a contested divorce through negotiation. The goal of the collaborative family process is to help couples to work successfully within the Collaborative Law Structure to achieve a positive outcome for both parties whilst trying to avoid the social, emotional and economic strain a traditional divorce can have. A Collaborative Divorce is a voluntary, client-centred process, whereby each party engages their own Singapore Dispute resolution Centre-accredited lawyers who work together towards achieving an amicable result for their clients. Ms. Gloria James is amongst the first batch of lawyers in Singapore to receive such accreditation. The lawyers act to facilitate the negotiation between the spouses, giving couples greater control over the entire process and, more importantly, over their decisions.

Importantly, Collaborative Divorce is founded on three principles:

  • A pledge not to litigate in Court.
  • An openly honest and voluntary approach to the exchange of information.
  • A commitment to work towards solutions that take into account the highest priorities of both parties and their children.

The collaborative Divorce process can be used to address all of the issues addressed under the traditional divorce process, such as:

  • Child custody care and control, child access
  • Spousal and child maintenance
  • Division of matrimonial assets
  • Taxes
  • Insurance
Besides divorce, the collaborative process can also be used in other family law matters such as annulment, legal separation, pre-nuptial and post-nuptial agreements.
Contact us to speak with our Collaborative Law specialist.
Call us on +65 6337 0469

How does the Collaborative Divorce process work?

  • Both you and your spouse will engage a collaboratively-trained family lawyer who has been accredited by the Singapore Mediation Centre.
  • In your initial meeting with your lawyer, your lawyer will discuss whether the collaborative process is suitable for your circumstances.
  • Both parties and your respective lawyers will undertake and make an agreement not to go to Court. This removes the threat of litigation, which can often overshadow and be counterproductive to negotiations.
  • Parties must also make full and frank disclosure of any required information, ensuring a more open and cooperative environment in which the parties can work through the issues at hand. TRUST is of outmost importance here.
  • The collaborative process is confidential meaning the terms of your settlement will not be public. All discussions and documents are legally privileged and conducted on a “without prejudice” basis, meaning they cannot later be used in Court proceedings should no settlement be reached, with the exception of financial disclosures.
  • Most of the negotiations will take place at face-to-face 4 way meetings involving you, your partner and your respective lawyers. This allows you and your spouse to be in control of the negotiations and reduces misunderstandings.
  • Correspondence between your lawyers is kept to a minimum apart from the exchange of meeting minutes and discussion points for future meetings.
  • Once settlement has been reached, your lawyers will draw up a settlement agreement which will be filed in the Court as a draft consent order for approval. The Court will seal the terms and turn them into a Court Order.

For a more in-depth look at how the Collaborative Divorce process works, Click here to see if the Collaborative Divorce process is right for you.

Gloria james Civetta & Co  "When Experience and Results Matter"

Gloria James-Civetta & Co offer a free initial consultation for Collaborative Family Law.
Call us on +65 6337 0469
[post_title] => Collaborative Divorce Singapore [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => collaborative-divorce-explained-collaborative-family-divorce-law [to_ping] => [pinged] => [post_modified] => 2016-05-11 14:41:11 [post_modified_gmt] => 2016-05-11 06:41:11 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=515 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Collaborative Divorce Singapore[:zh]协同离婚过程[:] ) [92] => WP_Post Object ( [ID] => 508 [post_author] => 4 [post_date] => 2013-07-16 15:16:18 [post_date_gmt] => 2013-07-16 07:16:18 [post_content] => When you are served with the divorce papers, you cannot simply ignore the service. It is important for you to enter an appearance in a divorce suit to show your intention to defend the action and submit to the jurisdiction of the court. The process is done by filing a Memorandum of Appearance (Form 17) through your appointed lawyers, and it must be filed within 8 days of the date that the divorce documents were served on you. If you were served outside Singapore, you have 21 days to file the Memorandum of Appearance. In the Memorandum of Appearance, you have to indicate whether you are contesting the divorce itself, or the ancillary matters, or both. Failing to Enter an Appearance will result in the initiating party to proceed as if the divorce is being uncontested. A divorce date will be given and an interim judgment will be pronounced. If you do decide to Enter an Appearance after the time period has lapsed, you will have to ask your lawyers to file the necessary paper work to have it set aside and to allow you to file your Defence and Counterclaim out of time. This will result in additional legal costs to be incurred and you shall also be penalized to pay some wasted legal costs to the other side So what do you do? 1.  Ask yourself, do you wish to give your spouse the divorce? 2.  Do you think your spouse has a case against you ? 3.  Do you think your marriage can be saved through effective counselling? 4.  Will mediation help? 5.  Should you proceed with a divorce? Have the particulars toned down? Consider a Deed of Separation? Deed of Reconciliation? Or Judicial Separation? Seek a lawyer to help you in the right direction and to explain the process. Remember that you have 8 days to enter an appearance to indicate if you are contesting or not contesting.
If you require legal representation on such a matter, kindly contact Gloria James-Civetta & Co
Call us on +65 6337 0469
[post_title] => what do I do if I am served with divorce papers ? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-do-i-do-if-i-am-served-with-divorce-papers [to_ping] => [pinged] => [post_modified] => 2016-07-27 01:21:40 [post_modified_gmt] => 2016-07-26 17:21:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=508 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [93] => WP_Post Object ( [ID] => 494 [post_author] => 4 [post_date] => 2013-07-16 14:43:49 [post_date_gmt] => 2013-07-16 06:43:49 [post_content] => If you opt to proceed with divorce on a fault basis, the most popular ground, i.e. Unreasonable behaviour of your spouse that caused the breakdown of the marriage. What Is Unreasonable Behaviour ? It is the unjust conduct by one spouse against the other?. You have to state the basic facts of the bad behaviour. Examples of Particulars would be, extra marital affairs,violence, abuse, lack of love care, concern; failure to provide maintenance, etc.
If you require legal representation on such matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Unreasonable Behaviour - Fault Basis Divorce and What It Means [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-do-do-if-you-have-been-served-with-divorce-papers [to_ping] => [pinged] => [post_modified] => 2016-05-04 20:50:24 [post_modified_gmt] => 2016-05-04 12:50:24 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=494 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [94] => WP_Post Object ( [ID] => 474 [post_author] => 4 [post_date] => 2013-06-27 03:16:30 [post_date_gmt] => 2013-06-26 19:16:30 [post_content] => Under the law, there are 3 kinds of marriage: a valid marriage, or a marriage that is not valid, being a void marriage or voidable marriage. For a valid marriage, it can be terminated by the process of divorce. However, for void and voidable marriages, the process of divorce is not applicable. How do I know if my marriage is void? Some reasons why your marriage is void:
  • Parties to the marriage are below the age of 18, unless the solemnization of the marriage was authorized by a special marriage licence granted by the Minister
  • Marriages within prohibited degrees, eg marrying your sibling or uncle
  • Polygamous marriages, e.g. your spouse is still married to another
  • Marriages between persons of same sex
  • Marriages not on the authority of a valid marriage licence and not solemnized by a person who has been granted a licence to solemnize marriages
If your marriage is void, there is no marriage between the parties. There is therefore no need to go through the process of divorce or even obtain a judgment of nullity. However, it is advisable to do so because there may be practical advantages to do so, i.e. parties are assured as the court would have certified that there is no valid marriage, parties may also apply for matrimonial relief (which settles ancillary matters such as division of matrimonial assets and maintenance), etc. How do I know if my marriage is voidable?  Some reasons why your marriage is voidable:
  • Marriage not consummated owing to the incapacity of either party to consummate it
  • Marriage not consummated owing to the willful refusal of the defendant to consummate it
  • Either party to the marriage did not validly consent to it
  • Either party was suffering (continuously or intermittently) from mental disorder as to be unfit for marriage, at the time of the marriage.
  • The other spouse was suffering from venereal disease in a communicable form at the time of the marriage.
  • The wife was pregnant by some other person other than the husband.
If your marriage is voidable, parties have the option of continuing the marriage or invalidating it. Unlike a void marriage where a judgment of nullity may not be necessary, you would have to seek a judgment of nullity from the court to invalidate the voidable marriage.

If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Is my marriage valid? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => is-my-marriage-valid-2 [to_ping] => [pinged] => [post_modified] => 2016-05-02 11:35:40 [post_modified_gmt] => 2016-05-02 03:35:40 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=474 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [95] => WP_Post Object ( [ID] => 467 [post_author] => 4 [post_date] => 2013-06-27 02:58:04 [post_date_gmt] => 2013-06-26 18:58:04 [post_content] =>

What Is A Status Conference? Simply put, a Status Conference is a meeting with the judge.

It is held for divorce petitions that have not been prepared for hearing by the parties or where the other spouse wishes to contest the divorce petition. At which stage of the divorce is a Status Conference held? Usually a Status Conference would only be conducted within 6 weeks from the date the writ of divorce was filed, depending on the nature of the case. The Court would send a letter to notify you if you are required to attend a Status Conference. What happens in a Status Conference? It is mainly for the judge to determine the status of the divorce petition. Some questions which the judge may ask the parties:
  • If the application had been served on the other party
  • If the divorce would proceed on a contested or uncontested basis
  • If all necessary documents have been filed in court and are in order
  • If counseling or mediation is necessary
    • E.g. where parties decide to attempt reconciliation or the other spouse cannot come to terms with the divorce or has some concern regarding ancillary matters
Do I need to attend a Status Conference? Yes. However, if you engage a lawyer, the lawyer would attend the Status Conference on your behalf. Where is the Status Conference held? It is held in the Family Court. The Status Conference would take place in chambers with only the judge, the lawyers and/or parties involved. Pre-Trial Conference or PTCs What is a Pre-Trial Conference? Like the Status Conference, the PTC is also a meeting with the judge before the divorce hearing. At what stage is the Pre-Trial Conference held? When the spouses cannot reach a settlement at the Status Conference and the petition had already been prepared for hearing, the judge would call for a PTC. What happens in a Pre-Trial Conference? If there is a possibility of settlement, the judge may refer the case for counselling professional Court counselor, or for a resolution conference at the Family Resolutions Centre. Some questions which the judge may ask the parties:
  • If all necessary documents have been filed in court and are in order
  • If counseling or mediation is necessary
    • E.g. where parties decide to attempt reconciliation or the other spouse cannot come to terms with the divorce or has some concern regarding ancillary matters
If the settlement is not possible and mediation has failed and/or parties are not willing to negotiate further, the judge will ask both parties to file documents to prepare for trial. In this case, the purpose of a Pre-Trial Conference is to get both parties ready for the contested divorce hearing, which will take the form of a trial in open court. Do I need to attend a Pre-Trial Conference? Yes. However, if you engage a lawyer, the lawyer would attend the Pre-Trial Conference on your behalf. Where is the Pre-Trial Conference held? It is held in the Family Court. The Pre-Trial Conference would take place in chambers with only the judge, the lawyers and/or parties involved.

If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => What is a Status Conference and a Pre-Trial Conference? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-is-a-status-conference-and-a-pre-trial-conference [to_ping] => [pinged] => [post_modified] => 2016-05-11 14:52:12 [post_modified_gmt] => 2016-05-11 06:52:12 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=467 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [96] => WP_Post Object ( [ID] => 463 [post_author] => 4 [post_date] => 2013-06-27 02:41:02 [post_date_gmt] => 2013-06-26 18:41:02 [post_content] =>

Generally, you will not be allowed to file a divorce petition if you have not been married for at least 3 years.

The law requires you to attempt to work things out with your partner before using divorce as a solution to your problems. As such, parties are usually advised to wait out the 3 year period before seeking a divorce. In some rare circumstances where one party of the marriage has suffered exceptional depravity or hardship, the court may allow you to file for divorce even if the length of your marriage is less than 3 years. However, you must be able to prove and persuade the judge that he or she has suffered such depravity or hardship. Certain extreme circumstances may justify an early divorce, such as:
  • Extreme mental distress resulting from the marriage
  • Physical or mental spousal abuse
  • Unusually cruel adultery (normal adultery would not suffice)
    • In one case, the court held that committing adultery on the matrimonial home while knowing full well that the other spouse is also in the house, could also considered sufficiently grave enough to justify an early divorce.
If you require legal representation for such a matter, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => What if the length of marriage has not exceeded 3 years? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-if-the-length-of-marriage-has-not-exceeded-3-years [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:57:46 [post_modified_gmt] => 2016-05-02 06:57:46 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=463 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [97] => WP_Post Object ( [ID] => 436 [post_author] => 4 [post_date] => 2013-06-11 06:08:37 [post_date_gmt] => 2013-06-10 22:08:37 [post_content] =>

Where do I begin? What do I do? How do I proceed?

This happens when you are contemplating divorce or when your spouse has indicated or approached you informing of the decision to end the marriage. It’s bound to have your thoughts racing around your mind so fast and your hearts start pounding on the uncertainty. Do not treat this as life threatening but be prepared for this life altering change. Where do you begin? What do you do? How do you proceed?
  • Approach someone that you can talk to.
  • Surf the net or blogs for information.
  • Best make an appointment to see a lawyer to help answer your unanswered questions.
By doing this, it will help to put you at ease.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co
Call us on +65 6337 0469
[post_title] => DIVORCE : 3 Questions on your mind [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorce-3-questions-on-your-mind [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:19:53 [post_modified_gmt] => 2016-05-02 02:19:53 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=436 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [98] => WP_Post Object ( [ID] => 419 [post_author] => 4 [post_date] => 2013-04-23 08:23:58 [post_date_gmt] => 2013-04-23 00:23:58 [post_content] =>

Be an active participant in your own case

Family law cases require the production of lots of information. This can include financial documents, photographs, timelines of events, etc. Be proactive and provide your lawyers with copies of any documents, photographs or other items you believe may be pertinent to your case.  If there is an update or an incident occurs that could have an impact on your case, let your lawyer know.

Respond to requests from your lawyer in a timely fashion

Many aspects of your family law case, such as discovery, are time sensitive in nature. If your lawyer sends you a document and tells you it needs to be affirmed or sends discovery requests and gives you a deadline it is very important you respond quickly. Your lack of response can cause the lawyer to make multiple attempts to contact you, all of which are being billed to you.

Make the paralegals your friends

You are entitled to speak to your lawyer about issues relevant to your case, but paralegals are often just as informed about your case and can provide the same amount of information that your lawyer can. At least it can keep your legal costs lower.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Ways to Reduce Your Legal Costs [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => ways-to-reduce-your-legal-costs-for-hourly-rate-cases [to_ping] => [pinged] => [post_modified] => 2016-05-30 23:55:56 [post_modified_gmt] => 2016-05-30 15:55:56 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=419 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [99] => WP_Post Object ( [ID] => 416 [post_author] => 4 [post_date] => 2013-04-23 08:13:39 [post_date_gmt] => 2013-04-23 00:13:39 [post_content] =>

So What do you do? What Happens During The First Meeting? What do you need to bring?

1. What Do You Do? Firstly, have an idea as to what you are going to ask the lawyer. Come with a list of questions and doubts you have – technically, ask questions that are lingering in your mind and in your head. 2. What happens at the meeting? The lawyer usually go through a list of questions to obtain data about the parties :
  • Length of marriage,
  • Place of marriage,
  • No. of children
  • Details of the parties and personal background
  • History of the marriage,
  • Whether it is likely to be an uncontested or contested divorce,
  • Brief financial position
The lawyer will explain the various court process and legal fees. The first consultation can take at least 20 mins to an hour.
Gloria James-Civetta & Co offer a free initial consultation for individuals or couples seeking a divorce.
Call us on +65 6337 0469
3. What should you bring?
  • Marriage certificate copy
  • Birth certificate copy of the children
  • CPF / mortgage loan statement on property
  • Cheque Deposit
What if you come without these documents? Fret not. Do not feel that you have to final all of these before you consult the lawyer.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => First Meeting with Divorce Lawyer [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => first-meeting-with-divorce-lawyer [to_ping] => [pinged] => [post_modified] => 2016-05-11 15:01:50 [post_modified_gmt] => 2016-05-11 07:01:50 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=416 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [100] => WP_Post Object ( [ID] => 380 [post_author] => 4 [post_date] => 2013-03-03 15:18:16 [post_date_gmt] => 2013-03-03 07:18:16 [post_content] =>

How do I stop my spouse from dissipating the matrimonial assets?

An application i.e. Injunction can be taken out under the Women’s Charter to stop the spouse from disposing the assets if you can show that that party’s intention is to reduce the other spouse share of the properties or to reduce the means to pay maintenance. If you succeed, assets for the past 3 years that the disposal was made can be looked into.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Dissipation of Assets [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => dissipation-of-assets [to_ping] => [pinged] => [post_modified] => 2016-05-02 14:58:15 [post_modified_gmt] => 2016-05-02 06:58:15 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=380 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [101] => WP_Post Object ( [ID] => 330 [post_author] => 4 [post_date] => 2013-02-13 07:07:29 [post_date_gmt] => 2013-02-12 23:07:29 [post_content] =>

This step is one of the toughest decisions you can make in your life.

Below are some questions you should ask you should ask yourself before getting a divorce: 1. Can the marriage be saved? 2. If yes, then see a Marriage Counsellor. 3. If no, should I end it now or wait? 4. To end it now, am I ready for a major change in my life and circumstances? 5. If yes, then there is no need to prolong the wait by entering into a Deed of Separation but to proceed straight with Divorce.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Decision to Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => decision-to-divorce [to_ping] => [pinged] => [post_modified] => 2016-05-02 10:12:41 [post_modified_gmt] => 2016-05-02 02:12:41 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=330 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [102] => WP_Post Object ( [ID] => 319 [post_author] => 4 [post_date] => 2012-12-13 06:44:51 [post_date_gmt] => 2012-12-12 22:44:51 [post_content] =>

Definition of Child Custody

Custody is a legal concept

Four different types of custody orders may be made.
  • Sole custody order. The custodial parent may make major decisions for the child without the agreement of the other parent.
  • Joint Custody order. Both parents must make major decisions for the child jointly- i.e. they must agree on the decisions which are made. In the absence of agreement, regretfully, either parent will have to apply to court for a determination of the disputed issues.
  • Hybrid order. This is a sole custody order but includes an order that the custodial parent must consult (or even obtain the consent of ) the non-custodial parent when making decisions on specified matters , for example, choice of school, choice of course in school and so on.
  • Split custody order. This is when the custody of one or more siblings is granted to one parent and the custody of the other siblings is granted to the other parent. As a general rule, siblings should be cared for by the same parent. If a split custody order is sought, then the parents must file affidavits in support of such a split custody order and explain how this would be in the best interests of the children.
The three main reasons of major decision making are:
  •  Medical. This includes decisions whether the child is to be hospitalised, whether a non-emergency surgical procedure is to be performed on the child.
  • Education. This involves issues such as the choice of school, choice of enrichment classes, choice of course in school, choice of subjects, whether the child is to attend a particular school trip or outing, or tuition.
  • Religion. This involves the religious instruction of the child, attendance at religious places of worship, undergoing religious ceremonies, etc.
Custody is different from the issue of care and control. Care and control means with which parent the child lives on a day-to-day basis. The non-custodial parent who does not have care and control of the child will have access to the child. There is also a situation in which care and control of children is split, in much the same way as there is a split custody order, i.e. when the siblings live with different parents.

Access

Basic Principle The starting point is a presumption that the child would be able to have access to the non-custodial parent as such access would be beneficial for the child. The issue is then the quantum of access.

Quantum of access

This is dependent on various factors, including but not limited to:
  • The child’s needs.
  • The child’s wishes.
  • The non-custodial parent’s previous contact with the child.
  • The history of the relationship between the child and the non-custodial parent.
Types of access orders Access orders are generally unsupervised i.e. the non-custodial parent will be able to spend time on his own with the child without any third party monitoring the access. If access is to be supervised or is with conditions, then one must understand the purpose of supervised access order in order to decide what would be the most appropriate terms to include in the order. They are designed to:
  • protect the child from possible abuse whether physical or emotional;
  • assess the relationship of the non-custodial parent with the child especially if contact has been infrequent; or
  • improve the relationship between the child and the non-custodial parent?

Access periods

Access periods include:
  • Weekday access. This is usually mid-week for a few hours and would usually be subject to the child’s school schedule or other activities, e.g. tuition
  • Weekend access. This may include overnight access and would also have to take in to account the child’s school schedule and other activities.
  • Public holiday access. Parties often come to an arrangement where each parent spends alternate public holidays with the child. Certain public holidays may be more significant to parties for example, Lunar New Year for Chinese parties or Deepavali for Indian parties. Special arrangements can be made for such significant public holidays for example, if one parent has reunion dinner on Lunar New Year eve with the child, then the other parent then has the child with him/her on the first day of Lunar New Year and the first parent then has the child on the second day of Lunar New Year. This arrangement can then be alternated for the next year
  • School holiday access. There are four main school holidays. These are:

a)    one-week March school holidays;

b)    four-week June school holidays

c)     one-week September school holidays; and

d)    five-and-a-half-week November/December school holidays.

  • Other school holidays. These are days in which the children do not need to attend school and which are not gazetted public holidays, for example Children’s Day, Teachers’ Day, Youth Day and PSLE marking days.
  • Other special occasions for example:

a)   Father’s Day

b)   Mother’s Day

c)    Birthdays of the children or their parents

d)    Access for the purpose of attending a relative’s funeral or a wedding, etc

The Welfare Principle

  • What is the welfare principle?In any proceedings before any court where the custody or upbringing of a child is in question, the court is asked to regard the welfare of the child as the first and paramount consideration.The welfare of the child is not to be measured in monetary terms. It includes the child’s moral and religious welfare, his physical well-being, ties of affection, his happiness, comfort and security.
  • The factors to consider in determining welfare of the child. These factors are not exhaustive and include:
    • continuity of care given to the child;
    • the child’s sense of security;
    • the child’s own wishes about who he should live with;
    • the parent’s wishes;
    • the age of the child;
    • the race and religion of the child;
    • the race and religion of the parents;
    • material circumstances of the parents; and
    • that siblings should not be separated.
Should you have any questions or would like more information, please contact M/s Gloria James-Civetta & Co for a free consultation.
Call us on +65 6337 0469
[post_title] => Child Custody, Access and The Welfare Principle [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-custody-access-and-the-welfare-principle [to_ping] => [pinged] => [post_modified] => 2016-05-03 18:02:55 [post_modified_gmt] => 2016-05-03 10:02:55 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=319 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Child Custody, Access and The Welfare Principle[:zh]子女监护权[:] ) [103] => WP_Post Object ( [ID] => 282 [post_author] => 4 [post_date] => 2012-11-29 08:22:10 [post_date_gmt] => 2012-11-29 00:22:10 [post_content] => 1.       Divorce Proceedings in Singapore
  • If you have been habitually resident in Singapore for the past 3 yrs, you qualify to file for divorce.
  • This means you can proceed with filing of divorce on a fault basis or no fault basis.
  • Fault basis means, you would have to cite the ‘unreasonable behaviour’ of your spouse that caused the breakdown of the marriage.
  • No-fault basis means, parties opts for a divorce based on separation. This can take the form of 3 years of separation.
  • If both parties have been separated for a lesser  period before the 3 year requirement , then we suggest that parties consider entering into a Deed of Separation.
2.       What is a Deed of Separation? It is a legal document / agreement entered between parties as a Deed (ie signed sealed and delivered). It states the agreed terms pertaining to the divorce and the ancillary issues related to and arising from the marriage. 3.       What must the Deed of Separation state? The Deed should state the date when parties have been separated. 4.       What are the terms to be addressed in the Deed? The terms are the ancillary issues pertaining to the issues of child custody, care and control and access; spouse and child support (maintenance); and division of matrimonial assets. 5.       Is the Deed recognised internationally? Yes. 6.       Can it be used when proceeding with the divorce officially? Yes. 7.       Who is entitled to file for divorce? Any party ie the husband or the wife. 8.     Who pays for the Deed of Separation? The party initiating the Deed. 9.       What are the terms pertaining to custody care and control ? It takes various forms, as follows:
  • Joint custody
  • Sole custody
  • No custody order
Though the usual practice in Singapore is Joint Custody, with care and control to the Mother who is taking care of the children. 10.   What are the terms of access ? It is usually, liberal or reasonable access.Thus, liberal is the best option.It will provide flexibility in timings, and visitation rights can be arranged for the short and long term school holidays, and whenever you are in Europe.There can also be skype, email, and telephone access. 11.   What does spousal and child support mean? This means providing maintenance support for the wife and children. Usually, the court looks at the previous conduct of the husband when providing maintenance. You can also offer to provide for the children’s related academic expenses, even university fees. You can also consider get a children’s education policy that matures when they enter university. 12.   What does division of matrimonial assets mean? It means a just and equitable division of assets bought during marriage, and in joint names.
If you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Considering a Deed of Separation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => considering-a-deed-of-separation [to_ping] => [pinged] => [post_modified] => 2016-05-11 15:08:31 [post_modified_gmt] => 2016-05-11 07:08:31 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=282 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [104] => WP_Post Object ( [ID] => 276 [post_author] => 4 [post_date] => 2012-11-29 08:16:43 [post_date_gmt] => 2012-11-29 00:16:43 [post_content] => If you have substantial assets, a reasonably long marriage, or considering filing for divorce on a fault basis, then you need to engage an experienced lawyer for your case.

WHY?

1. An Inexperienced Lawyer Could Cost You a Lot of Money You might find that a newer lawyer's prices are lower than more experienced lawyers. However, in the end, you will probably end up losing much more money than you would have assumed. If you have a lot of assets that you do not wish to lose, it is especially important to hire a family law expert. Whether you have a house, a retirement account, or several bank accounts, you should make sure to hire a lawyer who has successfully allowed clients to keep most of their assets. Otherwise, you could end up losing it all just because you are trying to save some money early on in the process. 2. Short history of professional experience Of course, most new lawyers have very little experience with clients, so they do not have a case history to show you. Before you hire a family law specialist, you will typically want to know how he or she has helped clients in the past, at which point you will get an overview of past cases. But clearly a new lawyer cannot show you much, particularly if you are the first client ever for that firm. In this way, you will be flying blind with a new lawyer, unsure of how the case will likely turn out, which can be stressful. These are just some of the disadvantages of hiring a newer lawyer with little experience. Some people may advise you to hire a recent law school graduate to save some money, but in the end, you will probably regret this decision. The only way hiring a new lawyer would be beneficial to you is if your case is quite simple.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
[post_title] => Reasons to Choose an Experienced Lawyer [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => why-you-should-not-choose-an-inexperienced-lawyer-2 [to_ping] => [pinged] => [post_modified] => 2016-05-03 16:02:50 [post_modified_gmt] => 2016-05-03 08:02:50 [post_content_filtered] => [post_parent] => 0 [guid] => http://www.singaporedivorcelawyer.com.sg/?p=276 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [105] => WP_Post Object ( [ID] => 92 [post_author] => 2 [post_date] => 2012-10-03 16:22:13 [post_date_gmt] => 2012-10-03 08:22:13 [post_content] =>

At the Ancillary Stage of the divorce (after the Court grants the interim divorce), the Court will have to decide how the Matrimonial Assets are to be divided between the parties by making orders as to the division of the assets and the proceeds of the sale of the assets.

Under the Women’s Charter, Matrimonial Assets consist of:

  • Assets acquired before or during marriage
  • By one or both parties to marriage
  • Ordinarily used or enjoyed by parties or children
  • For shelter, transportation, household, education, recreational, social and aesthetic purposes;
  • Assets substantially improved during marriage by one or both parties to the marriage.

Assets that are excluded are:

  • Assets acquired by gift or inheritance
  • Gift or inheritance not substantially improved during marriage by either party or both parties

In considering how the assets are to be distributed, the Court will take into account the following factors:

1. Extent of Contribution

The Court will consider the extent of the contributions made by each party whether the contribution is financial (direct contributions) or non-financial (indirect contributions)* towards obtaining, improving or maintaining the particular asset.

*Indirect contributions include:

  1. Maintaining the property (By cleaning, repairing etc);
  2. The extent of the contributions made by the parties to the welfare of the family, including taking care of the household or caring for the family or any aged or infirm relative or dependant of either party, as decided in case law; and
  3. Giving of assistance or support which aids the other party in the carrying on of his or her occupation or business.

2. The needs of the children of the marriage

The Court will take into account the needs of the children of the marriage and to whom the care and control of the children have been given to.

3. Agreements between the parties prior to divorce

The Court will also take into consideration agreements made between the parties prior to the divorce. One example of such an agreement include pre-nuptial agreements.

4. Financial independence of parties after divorce

The Court will also take into consideration the working abilities and qualifications of the parties in dividing the matrimonial assets.

5. Debts undertaken by parties

Debts undertaken by parties towards the joint benefit of both parties or for the benefit of any child of the marriage would be also considered by the Court in division of the matrimonial assets.

6. Other considerations

In addition to the above considerations, the Court can also, in relevant cases, take into consideration:
  • Financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
  • Standard of living enjoyed by the family before the breakdown of the marriage;
  • Age of each party to the marriage and the duration of the marriage;
  • Any physical or mental disability of either of the parties; and
  • The value to either of the parties to the marriage of any benefit (for example, a pension) which, by reason of the dissolution or annulment of the marriage that party will lose the chance of acquiring.

Global approach

After taking into consideration these factors, the Court will usually apply a “Global approach” where both the party’s financial contributions for each asset are totalled up, and then calculated as a percentage of both parties' financial contributions for all the assets.

Further Orders

Following this, the Court may make any one or more of the following orders in dividing the Matrimonial Assets:

  1. Sale of property and proceeds to be divided;
  2. Allocate shares in a matrimonial asset that is jointly owned by both parties in an amount the Court considers just and equitable;
  3. A matrimonial asset or any part thereof to be vested in either party;
  4. For any matrimonial asset, or the sale proceeds thereof, to be vested in any person to be held on trust for such period and on such terms as may be specified in the order;
  5. Postponing the sale or vesting of any share in any matrimonial asset, or any part of such share, until such future date or until the occurrence of such future event or until the fulfilment of such condition as may be specified in the order;
  6. Grant to either party, for such period and on such terms as the court thinks fit, the right personally to occupy the matrimonial home to the exclusion of the other party; and
  7. Payment of a sum of money by one party to the other.
 
And if you need legal representation on dealing with the division and settlement of the ancillary issues, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
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Contested vs Uncontested Divorce

An uncontested divorce is one in which both parties can come to an agreement on all outstanding issues, which means that they can usually avoid a costly litigation. However, there are some divorces that proceed as contested. There are some factors that are difficult for couples to agree on, thus the contest. There are special situations that warrant this too. Especially when one party feels aggrieved that the breakdown of the marriage is contributed by the party instead. Thus the need to file a counter-claim. Other reasons include situations where one party alleges there has been a period of separation, when in fact there has not been.

What Makes Contested Divorces So Difficult?

If you are getting a divorce you may agree with your spouse that you should be divorced, however, you probably find it hard to get along with your spouse, which means it can be difficult to agree on all the other outstanding issues. This is common, which is why most couples have contested divorces. Most of the factors that couples disagree on are serious matters, which is why a divorce lawyer's help is necessary. For a divorce to be uncontested, you and your spouse must agree on the division of assets, child custody and child support, and maintenance if appropriate. Thus, it is always good to approach a lawyer for assistance. For example, many couples cannot come to an agreement on who will get custody of the children. Once they finally do agree, they might find it hard to decide how much child support needs to be paid. Childless couples do not have to deal with child-related issues, but they often fight over custody of pets etc, instead. Money and property are other common problems in a contested divorce. Couples frequently argue over whether maintenance should be paid and if so, how much should it be and for how long. Finally, splitting up assets, such as the house, cars, and cash, can be difficult since everyone wants as much as they can get.

So in such situations, what should you do?

When the issues are too complex and too hard to handle, and you find that you are not reaching a solution, it is best to hire a divorce lawyer (with relevant experience in Mediation and Negotiation) to help reach a global settlement. If you are finally able to come to an agreement with your spouse, then it’s best to spell it out in a Consent Order, ie Settlement Agreement.

What Do Uncontested Divorces Require?

In short, an uncontested divorce requires that both spouses agree on all issues and hence using a single lawyer (to save money) to draw up a Consent Court Order.
And if you need legal representation, kindly contact Gloria James-Civetta & Co, to get the legal advice you need.
Call us on +65 6337 0469
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This is a difficult situation that occurs often, where the non-custodial parent feels hurt, betrayed and angry as a result. He or she will naturally begin to wonder if the other parent somehow put the child up to this. At the same time, the residential parent would feel frustrated and worried and left wondering if there's something going on at the other house or parent that he or she is unaware of.

“It is important to remember that Visitation is not just a schedule, but a connection to both parents”

Whilst a child's opinion is important, it is not decisive. Children are often not old enough or hold the maturity to dictate their authority in deciding when and if visitation should happen. If children are given that authority, you will only confuse. A child`s connection with both parents should be of outmost priority for their wellbeing.

What do you do?
Here are some checks:
  • Encourage your child to have access with the other parent. Explain to your child the importance of spending “bonding time” with the other parent
  • Visitation is not subject to a child's wishes, so do not allow your child to dictate and to make decisions not to exercise access as if he/she is an adult
  • Communicate with the other parent about the issue and try to find a solution

If your child continues to refuse access, you should then:

  • Record the dates of when this happens and an explanation as to why it happened
  • See a child counsellor or child psychologist for help
  • Seek help to appoint a parenting coordination lawyer
  • Seek help from the family service centre to apply for access-assistance

As one of Singapore`s largest matrimonial law departments, our team of Family Law Specialists are able to dedicate considerable resources to ensuring our clients achieve the best possible results on their cases.
“We don’t just practice family law – we specialise in it. That’s how we have grown to become one of Singapore`s biggest matrimonial law teams”
At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers, who will explain the divorce process and assess whether you meet the requirements to file for divorce in Singapore.
Call us on +65 6337 0469
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