[post_title] => If You Have Decided to Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => if-you-have-decided-to-divorce [to_ping] => [pinged] => [post_modified] => 2018-08-11 17:14:04 [post_modified_gmt] => 2018-08-11 09:14:04 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4654 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]If You Have Decided to Divorce[:] [post_title_langs] => Array ( [en] => 1 ) ) [1] => WP_Post Object ( [ID] => 4584 [post_author] => 4 [post_date] => 2018-06-25 16:47:21 [post_date_gmt] => 2018-06-25 08:47:21 [post_content] => Affidavits/Statements written by children are generally discouraged. There are, however, other means of allowing the voice of a child to be heard: 1) Section 130 of the Women’s Charter¹:

1. In relation to the issues of custody over a child, a person trained or experienced in child welfare may provide advice to the court.

2) Rule 30 of the Family Justice Rules 2014²:

1. The court may appoint a Child Representative in any action or proceeding involving a child or the custody or welfare of a child.

3) Various reports that the Family Court of Justice can call for³:

Social Welfare Report

• A social welfare is issued by the Ministry of Community Development and Sports (“MCDS”). An MCDS officer, who is trained in child welfare issues and custody dispute investigation prepares a confidential report, providing an independent and impartial observer of the interactions between the child the individual parents and other significant persons concerned. In addition, they assess the prospective environment in which the child would be brought up.
• The report will be sent directly to the court within 3 months of the order. Parties do not have to pay for this report.
• Social welfare reports are generally ordered for disputes over care and control of the child. (Disputes over sole or joint custody are more legal issues – submissions and affidavits by the parties themselves should suffice).
• A Social welfare report may be ordered in the following situations:
  1. The child is unable to express himself verbally (usually if he is under 10 years old);
  2. Very acrimonious custody and access disputes;
  3. There are allegations that the child’s environment is unsuitable, for example, if the environment is messy or noisy.
  4. There are allegations of physical or sexual abuse, alcoholism or drug use.

Custody Evaluation Report (“CER”) and Access Evaluation Report (“AER”)

• The Family and Juvenile Justice Centre (“FJJC”) provides two types of reports:
  1. Custody Evaluation Report (“CER”): this assists the court in resolving custody disputes
  2. Access Evaluation Report (“AER”): this assists the court in resolving assess disputes
• Once the court orders a CER/AER, an FJJC counsellor will contact the parties involved to arrange an interview at the Family Court. The FJJC Counsellors do not conduct home visits.
• Interviews for a CER take place over a 6–8 week period. Interviews for an AER take place over a 5-6 week period. Parties do not have to pay for a CER/AER to be prepared.
• A CER/AER may be ordered in the following situations:
  1. The child is able to express himself well verbally (usually if he is over 10 years old);
  2. There are allegations that the child has been alienated from one parent and brain-washed;
  3. Very acrimonious custody and access disputes; and/or
  4. Where home visits may not be necessary, because there are no allegations of the
  5. Where there are no allegations that the home environment is unsuitable and the key issue is the nature of the relationships between each of the parties.

Assisted access/ Assisted Transfer Report

• These reports are provided by participating Family Service Centres (“FSC”). Assisted access entails the non-custodial parents having access to the child at an FSC, under supervision of a counsellor. Assisted transfer entails handing the child over for access and/or return after access at a FSC, also under supervision of a counsellor. The reports made by the counsellors during these sessions will be sent to the court.
• The period over which assisted access/transfer occurs can be 6-8 weeks or longer. The report will be provided about 3 weeks after the last session. Rates vary depending on which FSC conducts the session. Estimated costs are $50/hr for an assisted access session and $25/hr for an assisted transfer session.

Child Guidance Clinic Report

• A Child Guidance Clinic (“CGC”) Report is prepared by the Child Guidance Clinic of the Institute of Mental Health. The CGC report is sent directly to the court 4-6 weeks after its order. The estimated average cost is $600.
• A CGC Report is ordered in relation to a custody and/or access dispute where the court requires the input of a psychiatrist. These situations may include the following:
  1. A party is alleged to have a mental disorder such as paranoia, seeing evil spirits, extreme confusion;
  2. A party is suspected of having a medical condition that could diminish his capacity to fulfil his parenting duties;
  3. There are allegations that the child’s mental health is or would be affected by the child’s interaction (or lack thereof) with his parents;
  4. There are allegations of sexual or physical abuse against the child.

----------------------------

¹ Woman’s Charter (Cap 353, Red Ed 2009). ² Family Justice Rules (Act 27 of 2014). ³ https://www.familyjusticecourts.gov.sg/QuickLink/Documents/ReportsCustodyAccessDisputes.pdf accessed 4 June 2018

[post_title] => How can my Child’s Voice be heard in Access and Custody Disputes? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => how-can-my-childs-voice-be-heard-in-access-and-custody-disputes [to_ping] => [pinged] => [post_modified] => 2018-06-26 21:35:21 [post_modified_gmt] => 2018-06-26 13:35:21 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4584 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]How can my Child’s Voice be heard in Access and Custody Disputes?[:zh]How can my Child’s voice be heard in access and custody disputes?[:] [post_title_langs] => Array ( [en] => 1 [zh] => 1 ) ) [2] => WP_Post Object ( [ID] => 4575 [post_author] => 4 [post_date] => 2018-06-21 22:55:26 [post_date_gmt] => 2018-06-21 14:55:26 [post_content] => There is a common misconception that mothers will be granted “sole custody” of the children in a divorce. However, this is not the position at law as the court almost always grants “joint custody”, save for exceptional circumstances. Ultimately, the court will decide based on the child’s best interest. Here are seven things that Dads should know during a custody battle. 1. Child custody is not the same as Care and Control It is vital that you understand the difference between child custody and care and control. As mentioned earlier, the Court is most likely to grant joint custody to both you and your ex-wife. However, only one party will be granted sole care and control of the children usually. The parent with the custody of the children will make all major decisions for them, including healthcare, education, religion, etc. By granting joint custody to both parents, the Court wants to remind the parents that parenting does not end when the marriage ends. The parents are encouraged to co-parent and discuss significant decisions before implementing them for the children. The parent with care and control of the children is the one who lives with them. He or she will make all the day-to-day decisions for the children. That includes the time the children wake up, what time to sleep, when they do their homework, etc. An experienced divorce lawyer will explain the differences in greater details and advise you of your legal position in relation to custody, care and control during the divorce proceedings. 2. Fighting for full care and control of your children is an uphill battle Unfortunately, for Dads, the general position at law is for the mother to be granted care and control of the children. However, all is not lost. If you have been the children’s primary caregiver before the divorce, you can highlight this pertinent fact to the court especially if you intend to ask for sole care and control or share care and control of the children. Shared care and control effectively mean that the children will spend approximately equal time with both parents. However, such arrangement will require a lot of communication and cooperation between parents. The children will also need to adapt to such circumstances. You may consider asking your divorce lawyer for advice on the care arrangement most suited to your situation. 3. Access to your children is your legal right In the event that you do not get care and control, you will be given access to your children on a periodic basis. You have a legal right to have access to your children as stipulated in the court order. If your ex-spouse denies your rights to exercise access, you should consider speaking to her in view of resolving the matter amicably. Put her at ease if she is anxious and help her to get around the idea by bringing the children home on time. However, if she is resistant, you can seek help from your divorce lawyer or make an application to Court to intervene and help you to gain access to the children. 4. Adultery on the part of your ex-spouse does not necessarily mean you get full custody as well as care and control of the children Do not be mistaken that you automatically gain sole custody as well as care and control of your children if your ex-wife has been adulterous. The reason for the breakdown of the marriage pertains to the first stage of the divorce matter, and the mere fact of adultery will not affect one’s merit in relation to custody, care and control of the children. You may consider applying to Court for a Custody Evaluation Report to be made. A social worker or counsellor will speak with your children as well as other family members to determine the conditions at home before offering his or her recommendations to the Court. It is still the Court’s final decision to decide who gets care and control. 5. Your children get a choice in some cases The Court will listen to your children’s desires if they can express themselves in an independent and matured manner. A counsellor or a social worker will assist in the process to listen to the children’s preferences. The Court will then take the children’s desires to stay with either parent into consideration when deciding on care and control. 6. You should not try to influence your children’s decisions To ensure that you get a just and fair outcome during a custody battle, do not try to influence your children’s desires. This is frowned upon by the Court. If you do so and it gets uncovered by the Court, you are more than likely to lose your credibility in the eyes of the Court. It may affect your chance for joint custody and a shared care and control plan. If you have been the primary caregiver of your children, trust your children to reflect your involvement in their lives during the interview with the social worker or counsellor. 7. You need a concrete care plan if you intend to convince the Court to grant you care and control of the children. If you are the primary caregiver for your children and want to convince the Court that you are a suitable caregiver, you need to present a concrete care plan to present to the Court. You need to show the Judge that you can look after your children on a day to day basis. Your plan should include everything in your children’s daily lives – what time they wake up for school, who brings them to school, who will care for them when they return home from school, etc. You also need to assure the Court that you will not block your children’s access with the other parent and will, in fact, facilitate the access. The Court will consider your plan and decide whether it is in your children’s best interest if they stay with you. As a father, if you wish to attain sole custody, care and control of the children, you may want to hire a top divorce lawyer to help you get the best possible outcome. [post_title] => Custody Battles: 7 Things Dads Should Know [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => custody-battles-7-things-dads-should-know [to_ping] => [pinged] => [post_modified] => 2018-06-21 23:26:56 [post_modified_gmt] => 2018-06-21 15:26:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4575 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Custody Battles: 7 Things Dads Should Know[:] [post_title_langs] => Array ( [en] => 1 ) ) [3] => WP_Post Object ( [ID] => 4546 [post_author] => 4 [post_date] => 2018-05-22 20:20:09 [post_date_gmt] => 2018-05-22 12:20:09 [post_content] => Maintenance provided by the husband to the wife is extremely common but is it always the case? In 2016, the law has recognized that an incapacitated husband may also receive maintenance from his wife. This change was made to strike a balance of Singapore’s societal development whereby there has been an increase in dual-income families as well as a rising number of wives being the main breadwinner. What must the husband prove in order to get maintenance? The courts would be slow to order for maintenance to be given to the husband unless he is:

• - Incapacitated before or during the course of the marriage (mental or physical)
• - Unable to maintain himself
• - Continues to be unable to maintain himself

Incapacity must be one proven medically and not one of choice. What this means is that if the husband is able to work but chooses not to work due to his own personal reasons, the court would not be satisfied that he is incapacitated. Husband is a house husband. This was an agreement between the parties. Does this entitle him to maintenance from the wife? As alluded, the courts are less concerned about the couples’ agreement as to who shall be the one working and who shall be the one taking care of the family when deciding whether the husband is eligible for maintenance. The sole determining factor as to whether maintenance would be granted to the husband is whether he is incapacitated, resulting him in an inability to maintain himself. Having said that, the fact that there was an agreement between parties could possibly be a factor the court considers when it comes to division of assets. What determines the quantum of the maintenance? The decision as to the quantum may be agreed between the parties or decided by the Judge upon considering these factors:

• - Financial needs of the husband
• - Earning capacity of the wife
• - Age of both the husband and the wife
• - Duration of the marriage
• - Contribution (direct and indirect) to the marriage

These factors are non-exhaustive as the courts may consider other relevant factors applicable to the particular marriage. What documents must the husband provide to the court to aid in the assessment of the quantum of maintenance? The usual documents required to aid the court in determining the quantum include:

• - Medical report of the husband proving the extent of the incapacity
• - Medical receipts of the husband (if any)
• - List of monthly personal expenses
• - Documents evidencing any debts
• - Receipts for personal, household and children’s expenses
• - Salary slips of both parties (if any)
• - Any other document that may be relevant

How long will the husband receive the maintenance? The period of maintenance would depend on the factual matrix of each case. If the order for maintenance is for a lump sum payment, then the maintenance would be one-off. [post_title] => Maintenance for the Husband [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => maintenance-for-the-husband [to_ping] => [pinged] => [post_modified] => 2018-05-22 20:20:09 [post_modified_gmt] => 2018-05-22 12:20:09 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4546 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Maintenance for the Husband[:] [post_title_langs] => Array ( [en] => 1 ) ) [4] => WP_Post Object ( [ID] => 4551 [post_author] => 4 [post_date] => 2018-05-22 20:09:09 [post_date_gmt] => 2018-05-22 12:09:09 [post_content] => The court has the power to vary the maintenance sum for the wife but there must be a material change in the circumstances which justifies the need for the court to order for a change in the maintenance sum. You should seek the advice of an experienced divorce lawyer if you are thinking about applying to vary the maintenance amount. What can I (husband) prove to show material change?

1. Loss of employment

If you are retrenched or you lost your job, this is a clear case of a material change in the circumstances affecting your ability to pay maintenance to your wife. In such a case, the courts would likely order for a downward variation or a suspension of the maintenance order. However, if your loss of employment is due a personal choice being made by you to be unemployed, the court would likely not allow you to rely on it as a reason to not pay maintenance. Note that if your loss of employment occurred before the start of negotiations for the maintenance amount, you would likely not be able to rely on it as a reason to vary the maintenance sum.

2. Bankruptcy or Failure of Business

Bankruptcy or failure of your business would be taken as major events that are likely to be material adverse changes, affecting your ability to pay maintenance to your wife. In most cases, there would be a downward variation of the maintenance sum instead of a complete waiver of the maintenance as the husband would likely be required by the court to still contribute for food and household provisions.

3. Decrease in Salary

If you suffer from a decrease in salary to an extent that it affects your ability to pay maintenance to your wife, the court may order a downward variation of the maintenance sum. However, the decrease in salary must be significant in order for the change to be considered as material. You would have to prove to the court that you are suffering some hardship or financial difficulty as a result of the decrease in salary before the court would be satisfied. Note that the decrease in salary must not be self-induced or brought about for the purpose of evading maintenance payments. The courts would carefully scrutinise your claims to prevent this from happening.

4. Decrease in wife’s cost of living

If your wife experiences a decrease in her cost of living, be it from relocation to a country with a lower cost of living or that she has the ability to pay for her expenses with a job now, this is a ground available for you to apply for an order of the court to reduce the maintenance sum. The aim of the court in ordering maintenance is to ensure that there are no financial inequalities between the parties. Thus, so long as you are able to prove that your wife does not require the originally ordered sum of maintenance, the courts would likely order for a downward variation.

5. Inheritance

If your wife receives a substantial sum of inheritance, this can constitute as a material change in circumstances that may result in the court ordering a downward variation. The court would take into account factors such as

• - The current maintenance sum received
• - The inheritance sum
• - The age of your wife
• - The employment of your wife

In determining if the inheritance received is a sufficient ground for a variation order to be made.

6. Remarriage or Cohabitation

If your wife remarries, spousal maintenance automatically stops. If you remarry and experience an increase in expenses, resulting in your inability to pay maintenance, whether this suffices as a ground for the court to order a variation would depend very much on the facts of your case. - If you remarry, you are expected to be aware of your financial obligations to your ex-wife. At the same time, the court would not want the maintenance order to shackle around your life. This is a balancing act that the court would have to grapple with in every of such cases. [post_title] => Is it possible for the maintenance sum for the wife to be varied? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => is-it-possible-for-the-maintenance-sum-for-the-wife-to-be-varied [to_ping] => [pinged] => [post_modified] => 2018-05-22 20:09:45 [post_modified_gmt] => 2018-05-22 12:09:45 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4551 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Is it possible for the maintenance sum for the wife to be varied?[:] [post_title_langs] => Array ( [en] => 1 ) ) [5] => WP_Post Object ( [ID] => 4520 [post_author] => 4 [post_date] => 2018-05-07 17:35:37 [post_date_gmt] => 2018-05-07 09:35:37 [post_content] =>

As long as you meet the requirements to divorce in Singapore, no one can stop you from filing for divorce, if that is what you wish. Put simply, your spouse can't stop you, but moving forward can be made more difficult, thus complicating the process.

This blog focuses on the two most common issues faced when you want a divorce and your spouse doesn’t – Filing for divorce and child-related issues.

Q: My Spouse has informed me that he/she will not be responding to the divorce papers and refuses to participate in the process. What are my rights?

A: You may still proceed with filing the divorce papers. The Court will still be able to give orders pertaining to dissolving the marriage and the ancillary matters (division of assets, maintenance and child issues).

In the event that the Defendant chooses to ignore the divorce papers, a Request for Setting Down Action for Trial can be filed for and the court may fix a hearing date where the divorce may be granted in the absence of the Defendant.

Read more: https://www.singaporedivorcelawyer.com.sg/filing-divorce-documents-file-service-documents/

Q: I expect my spouse to be very difficult when it comes to negotiating issues regarding the children. What can I do?

A: If your spouse has entered an appearance in the divorce, and your children are below 21, there is a compulsory mediation and counselling process that divorcing couples have to attend (CFRC). During or before this process,

Read more: https://www.singaporedivorcelawyer.com.sg/compulsory-councelling-mediation-child-focused-resolution-centre/

Q: My spouse has informed me that he/she will make this process difficult and expensive. Is this correct?

A: Yes and no. Depending on the complexity (number of issues that are being contested) of your matter and whether your spouse chooses to participate in the divorce proceedings, costs will vary accordingly.

If your spouse chooses to ignore the papers, the matter can proceed in their absence.

If your spouse is contesting the divorce as well as all ancillary matters, then:-

1. there will first be a trial for contested divorce to see if the marriage is to be dissolved or not;
2. assuming (1) is answered in the affirmative, there will be a subsequent hearing for ancillary matters.

For more information on the Singapore divorce process or to schedule an appointment with one of our dedicated divorce please call us at 6337 0469. You can also email us to make your appointment.

[post_title] => I Want a Divorce But My Spouse Doesn’t. What Can I Do? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => want-divorce-spouse-doesnt-can [to_ping] => [pinged] => [post_modified] => 2018-05-08 01:57:56 [post_modified_gmt] => 2018-05-07 17:57:56 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4520 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]I Want a Divorce But My Spouse Doesn’t. What Can I Do?[:] [post_title_langs] => Array ( [en] => 1 ) ) [6] => WP_Post Object ( [ID] => 4505 [post_author] => 4 [post_date] => 2018-05-07 16:13:35 [post_date_gmt] => 2018-05-07 08:13:35 [post_content] => In general, an uncontested divorce is a type of divorce where both parties agree on all matters pertaining to the dissolution of their marriage, such as the division of matrimonial assets and custody of children. By contrast, a contested divorce is one where the parties disagree on these matters and each wishes to file his/her own claim. Procedural differences

	Uncontested Divorce	Contested Divorce
Location of the hearing	Proceedings can take place in the judges’ chambers, a private domain that is not open to the public.	Proceedings usually take place in open court hearings, where members of the public are permitted to attend.
Required documents	The Plaintiff (i.e. the spouse filing for divorce) must file his/her Statement of Claim and Statement of Particulars The Defendant (i.e. the other spouse) must file his/her Memorandum of Appearance, which is a document expressing agreement to the Plaintiff’s Statement of Claim and Statement of Particulars. Both parties are to file their Agreed Parenting Plan for the parties’ children below 21 years old. Both parties are to file their Agreed Matrimonial Property Plan, which details their agreed division of matrimonial assets. Once these documents are filed, the parties would proceed to the hearings.	The Plaintiff must serve the Defence with a Writ of Divorce detailing the grounds of divorce. The Defendant must file a Defence to challenge the Plaintiff’s Writ of Divorce. The Plaintiff can then file his/her Reply to Defence to respond to the Defendant’s Defence. Each party may file his/her own Proposed Parenting Plan for their children below 21 years old. Each party may file his/her own Proposed Matrimonial Property Plan Once these documents are filed, the parties would have to go through a Pre-Trial Conference before proceeding to the trial.
Length of proceedings	Generally proceedings for uncontested divorce are fast and efficient, with hearings lasting around 10 minutes.	Proceedings tend to be longer and more expensive, with hearings potentially dragging on for several days.

Benefits of an uncontested divorce over a contested divorce

Privacy and Confidentiality Since the proceedings of an uncontested divorce take place in Chambers, spouses would not have to suffer having their private matters disclosed to members of the public. By contrast, the proceedings of a contested divorce usually take place in open courts, where members of the public are allowed to attend. Speedy Process and Lower Costs Hearings for an uncontested divorce generally last for only a few minutes, as compared to a contested divorce for which hearings can drag on for several days. Accordingly, the legal fees payable for an uncontested divorce are significantly lower than that for a contested divorce. Amicable process While a contested divorce involves the highly adversarial process of litigation, an uncontested divorce can be resolved in private with the aid of a mediator. An experienced mediator would be able to facilitate open and effective communication between the parties, such that the divorce proceedings can be resolved amicably. Learn more about our Uncontested Packages Ms Gloria James has been in practice for 23 years. In the course of her legal career, she has gained considerable experience and knowledge in mediation. Being a certified Associate Mediator at the Subordinate Courts of Singapore and the Singapore Mediation Centre, Gloria is able to assist her clients in achieving settlement even in highly acrimonious matters. Gloria is also endorsed by the Family Court of Singapore as a Collaborative Family Practitioner. [post_title] => The Difference Between a Contested and Uncontested Divorce? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => what-is-the-difference-between-an-uncontested-divorce-and-a-contested-divorce [to_ping] => [pinged] => [post_modified] => 2018-07-12 20:06:42 [post_modified_gmt] => 2018-07-12 12:06:42 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4505 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]The Difference Between a Contested and Uncontested Divorce?[:] [post_title_langs] => Array ( [en] => 1 ) ) [7] => WP_Post Object ( [ID] => 4487 [post_author] => 4 [post_date] => 2018-05-05 17:18:21 [post_date_gmt] => 2018-05-05 09:18:21 [post_content] => There is only one ground for divorce recognized in Singapore, that is, an irretrievable breakdown of the marriage. What is required is that of the impossibility of reconciliation and finality in intention. If you decide to file an application for divorce, the onus is on you to prove ONE of the five possible situations as laid down in s 95(3) of the Women’s Charter. Once proven, the burden of proof then shifts to the defendant, who is your partner, to show that the marriage has not broken down irretrievably notwithstanding the establishment of one of the situations. However, there are two pre-conditions that have to be satisfied before you proceed to prove one of the situations. The pre-conditions are:

1. Marriage of a minimum period of three years, unless the presence of evidence of extreme hardship or extreme depravity
2. Be a Singapore citizen or Permanent Resident (PR)

The Five Situations

The five situations that have been established to be sufficient for proving the grounds of divorce are: 1) Adultery Requirements to establish: - Defendant committed adultery

• Adultery requires consensual sexual intercourse
• Person with whom defendant had committed adultery with be identified if known OR Admitted by defendant

- Plaintiff finds it intolerable to live with the defendant

• If plaintiff continues to live with the defendant for more than 6 months after knowledge of adultery, this limb fails

2) Unreasonable Behaviour of the defendant Requirements to establish: - Plaintiff finds it intolerable to live with the defendant due to his or her behaviour - Court objectively determines that plaintiff, accounting for his or her personality and attributes, cannot be reasonably expected to live with the defendant - Cumulative effect of the behaviour of the defendant towards the marriage supports the plaintiff’s application 3) Defendant deserted plaintiff for at least 2 years Requirements to establish: - Deserting spouse has intention of bringing the marital union to an end and there was no reasonable cause - Deserted spouse must not have consented to the separation 4) Parties separated for a period of 3 years with consent Requirements to establish: - Parties have lived apart for a continuous period of 3 years prior the institution of proceedings - There was consent to live apart for a period of 3 years 5) Parties separated for a period of 4 years without consent Requirements to establish: - Parties have lived apart for a continuous period of 4 years prior the institution of proceedings - No need for consent to live apart Note: Separation need not be physical (living in different houses). As long as parties are running separate households and do not have spousal interactions, it is sufficient to establish separation. [post_title] => Establishing the Ground for Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => establishing-the-ground-for-divorce [to_ping] => [pinged] => [post_modified] => 2018-05-07 16:53:25 [post_modified_gmt] => 2018-05-07 08:53:25 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4487 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Establishing the Ground for Divorce[:zh]建立地面对于离婚[:] [post_title_langs] => Array ( [en] => 1 [zh] => 1 ) ) [8] => WP_Post Object ( [ID] => 4469 [post_author] => 4 [post_date] => 2018-05-02 23:34:32 [post_date_gmt] => 2018-05-02 15:34:32 [post_content] =>

What is Child Custody?

Child custody is an issue that arises when parents undergo divorce proceedings. However, this issue is only contested if the child involved is below 21 years of age.

Aim of Child Custody

The ultimate aim is to ensure that the child’s welfare and upbringing is not neglected when the parents commence proceedings for divorce. To ensure that the aim is achieved, no final judgment of divorce or nullity of marriage would be ordered unless arrangements have been made for the child.

Types of Child Custody

There are two sub-categories of custody, legal and physical.

(1) Legal Custody

Legal custody refers to the right to make important decisions for the child. This can be broken down into three main categories. Education Issues This includes the choice of school, co-curricular activities, subject combinations, enrichment classes, and other ancillary matters related to the education of the child. Medical or Healthcare Issues This includes the choice of doctor, insurance, hospitalization and other ancillary matters related to the physical and mental well-being of the child Religious Issues This includes the choice of religion to profess, propagate and practice, and other ancillary matters related to it.

• (a) Sole Custody Order

Under this order, all major decision making resides in one parent, leaving the other parent incapacitated. This is an extreme order, albeit not unusual. There are two main situations that call for such an order to be made: - Where the relationship between parents deteriorated to the extent of warranting complete avoidance of contact or interaction - Where parties are at loggerheads, unable to come to a consensus - One parent decides to give up custody of the child

• (b) Joint Custody Order

Under this order, both parents have an equal say in important decisions made for the child. This is the preferred order as notwithstanding the end of a marriage between the couple, the upbringing and welfare of the child remains the responsibility of both parents. Additionally, courts have recognized that having both parents involved in the child’s life is pivotal to his or her emotional development.

(2) Physical Custody

(a) Care and Control When care and control is given to a parent, it is that parent who lives and takes care of the child. By usual practice, mothers are usually favoured the care and control due to them being the dominant caregiver prior divorce. There are. However, exceptions to this: - Mother agrees to father’s request of the latter having care and control - Child decides and expresses clearly his or her desire to stay with the father - Mother found to be abusive or neglectful - Mother currently serving a jail term - Mother physically incapacitated, unable to meet the child’s daily needs (b) Access Access is given to the parent who does not live with the child. This usually applies to fathers, who would be granted reasonable access, based on conditions negotiated between the parties. The agreement of arrangement reached between the parents must be in the best interest of the child. Court would unlikely depart from the agreement reached as parents are deemed to be the most suited to determine the child’s needs. However, there are some non-exhaustive guiding factors that would be considered by the courts. This includes: - Official Reports generated by the Ministry of Community Culture and Youth or the Family and Juvenile Justice Court - The child’s wishes - History of relationship between child and parent - Age of the child - Presence of family support Unless convincing evidence shows that the father (or mother) does not deserve reasonable access, this would usually be accompanied with an order of care and control. [post_title] => Child Custody Definitions [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => child-custody-definitions [to_ping] => [pinged] => [post_modified] => 2018-05-02 23:45:25 [post_modified_gmt] => 2018-05-02 15:45:25 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4469 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw ) [9] => WP_Post Object ( [ID] => 4440 [post_author] => 4 [post_date] => 2018-03-17 18:22:30 [post_date_gmt] => 2018-03-17 10:22:30 [post_content] => At GJC, common questions our divorce lawyers often receive are; “If I am married in Singapore, must I (apply for a) divorce in Singapore?” or “I am married in country X but have been living in Singapore, can I (apply for a) divorce here?” This question relates to the jurisdiction of the Singapore Courts. Pursuant to s 93(1) of the Women’s Charter, the Singapore court will have jurisdiction to hear the divorce if either party to the marriage is: (a) domiciled in Singapore at the time of the commencement of the proceedings; OR (b) habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings. Domicile Domicile is a complex legal concept, but in layman’s terms, it is the country that the person treats as their permanent home. A person who is citizen of Singapore will be deemed, until contrary is proved, to be domiciled in Singapore. Habitual Residence As the name suggests, requires parties to prove their residence for three years. Short absences (such as work trips or holidays) do not break the continuity required within three years’ habitual residence. Conclusion/Application In short, if parties see Singapore as their permanent home or have been living in Singapore for the past 3 years, then they are eligible to file for divorce in Singapore, subject to other requirements. Conversely, if they have left Singapore (ie migrated to other countries), even if they were married in Singapore, if they no longer treat Singapore as their permanent home and/or they have not been living in Singapore for the past 3 years, then the Singapore Courts will not be able to hear the divorce. For more information on domicile and habitual residence, contact our divorce lawyers who will be able to assess your case to see if you are eligible to apply for divorce in Singapore. [post_title] => Jurisdiction of Court in Matrimonial Proceedings [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => jurisdiction-of-court-in-matrimonial-proceedings [to_ping] => [pinged] => [post_modified] => 2018-03-18 22:46:51 [post_modified_gmt] => 2018-03-18 14:46:51 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4440 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Jurisdiction of Court in Matrimonial Proceedings[:] [post_title_langs] => Array ( [en] => 1 ) ) [10] => WP_Post Object ( [ID] => 4427 [post_author] => 4 [post_date] => 2018-03-17 17:39:42 [post_date_gmt] => 2018-03-17 09:39:42 [post_content] => Getting a divorce in Singapore can be extremely daunting. If you intend to commence divorce proceedings against your spouse, you may wish to consider the following: - 1. How long have you been married for? – Parties must have been married for at least 3 years in order to get divorced in Singapore. If you have been married for less than 3 years, you may consider entering into a Deed of Separation instead. Our divorce lawyers can assist in drafting a Deed of Separation so that you and your spouse can regulate your lives even before a divorce. 2. Can you get divorce in Singapore? – In order to get divorce in Singapore, either party must be a Singapore Citizen or have been habitually residing in Singapore for the last 3 years. If you do not meet this requirement, Singapore may not be the correct forum for you to commence your divorce action. 3. What is the reason for your divorce? – You have to satisfy the court that your marriage has broken down irretrievably. There are several facts that you can rely on, such as your spouse’s adultery, unreasonable behaviour or desertion. Alternatively, if parties have been living separately for the past 3 years, you can rely on this faultless ground to get a divorce. You will, however, need your spouse’s consent. Our divorce lawyers will be able to advice you on the proper ground that you should be relying on based on the specific facts of your case. 4. Can you and your spouse reach an agreement? – If you and your spouse are able to reach an agreement on all the issues – the reasons for the breakdown of the marriage and the ancillary matters – parties can commence the divorce on the simplified track. This will save you significant time and costs. You may wish to consult our divorce lawyers on our divorce packages for simplified proceedings. 5. Do you have any children? – If there are children to the marriage below the age of 21, you will have to attend a Mandatory Parenting Programme (MPP). This is a 2-hour consultation programme aimed at informing parents of the importance of co-parenting with your spouse even after the divorce. You must complete this MPP before you are allowed to file your divorce papers. You will not need to attend MPP if you decide to proceed on the simplified track. 6. Is there a HDB flat involved? – If there is a HDB flat involved, you must consider how you wish to deal with the flat after the divorce. If the Minimum Occupancy Period has not been met, you may be required to surrender the flat to HDB. Our divorce lawyers can assist in drafting a Standard Query to HDB and advice you on your options. 7. Is your spouse an undischarged bankrupt? – If your spouse is an undischarged bankrupt, you will need to seek the Official Assignee’s consent before you can commence the divorce action. Our divorce lawyers will be able to assist you with seeking the necessary consent and can further advise you on your legal rights. Starting a divorce action requires strict compliance with court procedure. Once the divorce has been commenced, you will also need to abide by court timelines, which may become overwhelming especially if you unfamiliar with the law. [post_title] => Commencing your divorce in Singapore: What do I need to know? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => commencing-your-divorce-in-singapore-what-do-i-need-to-know [to_ping] => [pinged] => [post_modified] => 2018-03-19 00:11:23 [post_modified_gmt] => 2018-03-18 16:11:23 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4427 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Commencing your divorce in Singapore: What do I need to know?[:] [post_title_langs] => Array ( [en] => 1 ) ) [11] => WP_Post Object ( [ID] => 4286 [post_author] => 4 [post_date] => 2018-01-11 18:34:00 [post_date_gmt] => 2018-01-11 10:34:00 [post_content] => What are procedures involved in a divorce, what are the first steps? You may wish to come down to our firm for a free 20-minute consultation with one of our divorce lawyers who will go through and help you understand each step of the divorce process, through our customised divorce flow chart, so that you can familiarise yourself with the different stages of divorce and the divorce models available. You may also wish to consider whether you intend to commence the divorce on a contested or uncontested basis. An uncontested divorce will save significant time and cost. This is even more so if parties are able to agree on the ancillaries, such as maintenance for wife and children, division of matrimonial property and other matrimonial assets, and custody, care and control of the children. Do I need to speak to my spouse before filing for divorce, or can just file without discussing? You do not need to speak to your spouse before commencing divorce. However, if you wish to commence the divorce on a simplified basis, it is ideal that parties agree on all the terms of the divorce first. If you intend to file the divorce on a contested basis, do note that if there is a child below the age of 21 years old, parties are required to attend compulsory mediation (“CFRC”). Does it matter who files for the divorce first? If you file for the divorce, you will be known as the “Plaintiff”. Your spouse will be known as the “Defendant”. The documents that are filed in court will differ, depending if you are the Plaintiff or the Defendant. Who files first for divorce does not affect the outcome in the ancillaries matters. How much will my divorce cost if my partner contests? The legal costs start at $3,500, if a global settlement is reached at mediation stage. Charges vary depending on your chosen lawyer`s experience. To learn more about the Mediation Process (CFRC/FDR) click on the links below. COMPULSORY COUNCELLING & MEDIATION—CHILD FOCUSED RESOLUTION CENTRE FIRST DIVORCE COUNSELLING SESSION – WHAT THE COURT WILL ASK YOU What do I need to bring in for my first meeting with my lawyer? Please bring along a copy of the following documents for your first meeting with your lawyer:

• Marriage Certificate;
• Birth Certificate;
• NRIC Copy / Passport;
• CPF Statement under the public housing scheme.

You will also need to provide the following information regarding both yourself and your spouse:

• Occupation;
• Date of Birth;
• Address;
• Highest Education Qualification;
• Religion;
• Current Address;
• Children’s name, date of birth, name of school, school hours.

You should also prepare your views on how the marriage broke down, and your claims to the ancillary matters, which include:

• Maintenance of wife and children;
• Division of matrimonial property;
• Division of other matrimonial assets;
• Custody, care and control of the children.

You should also start preparing the following financial documents in the event the matter becomes contested: 1) Financial documents – Pay Slips, IRAS Notice of Assessment, Bank Statements. 2) List of Expenses for yourself and your individual children (Start collating monthly receipts). When is the earliest I can remarry? The earliest you can remarry is after you have obtained Final Judgement from the court, which, in Singapore, is known as a Certificate of Making Interim Judgement Final. The Final Judgement will be obtained at least three months after the Interim Judgement has been given. If you remarry before obtaining the Final Judgement, you will be committing a criminal offence, and may be jailed and fined by the court. [post_title] => 6 Questions before filing for Divorce [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 6-questions-before-filing-for-divorce [to_ping] => [pinged] => [post_modified] => 2018-02-09 14:59:20 [post_modified_gmt] => 2018-02-09 06:59:20 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4286 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]6 Questions before filing for Divorce[:zh]6提出离婚前的问题[:] [post_title_langs] => Array ( [en] => 1 [zh] => 1 ) ) [12] => WP_Post Object ( [ID] => 4281 [post_author] => 4 [post_date] => 2018-01-11 00:25:31 [post_date_gmt] => 2018-01-10 16:25:31 [post_content] => I have a young child and am intending to divorce, who will get custody of the child? As a general guide, the court will most likely order for the child to reside with the mother (Care and control) and award “joint custody”. This means that both parents will be involved in making major decisions for the child. This includes matters pertaining to religion, education and healthcare. I do not work and I am financially dependent on my husband, would that go against me? You will not lose custody of the child just because you are fully dependent on your husband. “Care and control” refers to the parent who resides with the child. As mentioned earlier, since the child is very young, he/she will reside with you notwithstanding your employment or live at home mum status. Under the law, it is the duty of both parents to maintain children under the age of 21 or until they have finished their tertiary education. Under your circumstances, your husband is thus obliged to contribute to a portion of the child’s maintenance. On the issue of maintenance, if your husband is employed, he will most likely have to bear a larger portion or solely maintain your child for the time being (perhaps 6 to 12 months). Once you return to the workforce (which you will be expected to since you are young and the Court will not approve of you living off your husband), your husband can apply to Court to reduce the amount of maintenance that you are paying and ask you to contribute more. Under what circumstances can “care and control” be awarded to the father? In exceptional circumstances, for instance, if the mother lacks the mental capacity to look after the child, or if the husband claims that the mother abuses the child, the court may then award care and control to the father. How much maintenance will the father pay for the child? This will depend on what the baby’s estimated monthly expenses are. The court will usually split the child’s expenses in proportion to parties’ monthly income. In this regard, you may need to secure gainful employment and contribute to the child’s financial needs. [post_title] => 4 key Questions about Child Custody in Singapore [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 4-key-questions-child-custody-singapore [to_ping] => [pinged] => [post_modified] => 2018-02-08 17:29:08 [post_modified_gmt] => 2018-02-08 09:29:08 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4281 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]4 key Questions about Child Custody in Singapore[:] [post_title_langs] => Array ( [en] => 1 ) ) [13] => WP_Post Object ( [ID] => 4264 [post_author] => 4 [post_date] => 2018-01-10 19:23:46 [post_date_gmt] => 2018-01-10 11:23:46 [post_content] => Upon commencement of divorce, the parties can file a Proposed Parenting Plan (the “Plan”) for their children below 21. This Plan is a written proposal of how each parent shall manage matters relating to their child, such as the child’s residence and education. The family court will assess the Plan, taking into consideration the best interests of the child. If both parties agree to the Plan and the court finds the Plan satisfactory, it would make a final parenting order in accordance with the Plan. The court can also amend the Plan and make a final parenting order as it sees fit . Otherwise, if one of the parties finds the Plan unsatisfactory, he/she can file an amended Plan for the court to consider. Drafting the Plan: factors to take into consideration The most important factor that parents should keep in mind when drafting the Plan is the child’s best interests. These include the child’s day-to-day welfare, upbringing, protection from physical or psychological abuse, and the child’s willingness to continue a meaningful relationship with either/ both of his parents. Other factors that the court takes into consideration include:

•  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, such as the time he/she spent with the child and his/her willingness to participate in decision making about major long-term issues involving the child.
• The maturity, sex and lifestyle of a child and of either of the child`s parents.
• The act or threat of violence involving the child or a member of the child’s family.
• The child`s views on the above matters and reasons which affect those views.

[post_title] => Proposed Parenting Plan [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => proposed-parenting-plan [to_ping] => [pinged] => [post_modified] => 2018-02-08 17:40:42 [post_modified_gmt] => 2018-02-08 09:40:42 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4264 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Proposed Parenting Plan[:] [post_title_langs] => Array ( [en] => 1 ) ) [14] => WP_Post Object ( [ID] => 4250 [post_author] => 4 [post_date] => 2018-01-08 19:33:21 [post_date_gmt] => 2018-01-08 11:33:21 [post_content] => Child alienation is a situation where the child of a divorced couple becomes estranged from one parent (typically the non-custodial parent). A parent may be alienating his/her child against the other parent or against himself/herself, without even realizing it. Here are 7 tips to prevent this from happening: 1. Make positive remarks about your ex-spouse. This will reassure your child that both of his parents remain respectful of each other. 2. If you have accidentally made negative comments about your ex-spouse, follow up with a repairing comment. Acknowledge that you just spoke negatively about your ex-spouse, apologize for it, and follow up with a positive remark about your ex-spouse. It is also helpful to reiterate that you really value your child’s relationship with your ex-spouse. 3. Do not reinforce your child’s negative comments about your ex-spouse. If your child makes baseless negative comments about your ex-spouse, you should not encourage them to continue doing so. However, if your child’s negative comments indicate that there might be abuse done to him/her by your ex-spouse, you should have it investigated by professionals. 4. Do not prevent your child from spending time with your ex-spouse. Allow them time to interact and build a balanced relationship. You should also avoid telling your child that you miss them whenever he/she is spending time with your ex-spouse. 5. Avoid comparing yourself with your ex-spouse. Oftentimes, both parents have different skills and qualities that are equally important to the child’s development. Comparing your skills/ qualities to those of your ex-spouse would only confuse your child, and may even cause him/her to see your ex-spouse in a more negative light. If you feel that you are being alienated or that you have inadvertently caused your child to be alienated from your ex-spouse, you should consider seeking professional help. Ms Gloria James is a trained Parenting Coordinator Lawyer (Family Justice Courts), with extensive professional experience in managing high conflict divorce matters involving children. [post_title] => 5 Tips to Prevent Child Alienation [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 5-tips-prevent-child-alienation [to_ping] => [pinged] => [post_modified] => 2018-02-08 17:33:25 [post_modified_gmt] => 2018-02-08 09:33:25 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4250 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]5 Tips to Prevent Child Alienation[:] [post_title_langs] => Array ( [en] => 1 ) ) [15] => WP_Post Object ( [ID] => 4235 [post_author] => 4 [post_date] => 2017-12-13 04:03:45 [post_date_gmt] => 2017-12-12 20:03:45 [post_content] => What questions will you be asked during the 1st counselling session at the Family court? These are the likely 15 questions: -

1. Do you agree to joint custody? Or you seek sole custody?
2. Do you want to have care and control (i.e. the child lives with you and you are the child’s main care-giver)
3. Do you want only access to the child? What type of access?
4. Who has been the main care-giver for most of the child’s life?
5. Who is the current care-giver?
6. Who is the child close to?
7. What is the child’s daily routine?
8. What are your working hours or regular schedule?
9. What is the child’s favourite activity?
10. What do you talk about or do with your child?
11. How is the child’s relationship with you?
12. Are you in a relationship with a third party? If so, how is the child’s relationship with the third party?
13. What care arrangements will you make if you have care and control?
14. If you only want access, what is the duration of access you wish to have?
15. If you have care and control, what type of access are you prepared to give?

[post_title] => First Divorce Counselling Session – What The Court Will Ask You [post_excerpt] => It's worth noting that if you have keys that are long integer, such as '329462291595', they will be considered as such on a 64bits system, but will be of type string on a 32 bits system. for example: [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorce-counselling-singapore [to_ping] => [pinged] => [post_modified] => 2018-04-26 16:30:37 [post_modified_gmt] => 2018-04-26 08:30:37 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4235 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_excerpt_ml] => [:en]It's worth noting that if you have keys that are long integer, such as '329462291595', they will be considered as such on a 64bits system, but will be of type string on a 32 bits system. for example: [:] [post_excerpt_langs] => Array ( [en] => 1 ) ) [16] => WP_Post Object ( [ID] => 4231 [post_author] => 4 [post_date] => 2017-12-13 03:31:02 [post_date_gmt] => 2017-12-12 19:31:02 [post_content] => During mediation, in determining the issue of maintenance and what is the reasonable amount to be awarded to the spouse and/or children, you may be asked the following questions: -

1. What is your educational level?
2. What is your monthly income?
3. What is your future career plan?
4. Do you have health problems or disabilities?
5. Do your children suffer from health problems or disabilities or have special needs?
6. Do your children intend to pursue tertiary education?
7. What is the standard of living arrangements before the divorce?
8. What is your living arrangements now?
9. Did you receive any monthly maintenance in the marriage period?
10. Any relocation plans?
11. Age of parties.
12. Ability to retrain/reskill.
13. List of monthly expenses for each child.
14. List of monthly expenses for spouse.
15. List of household expenses.

[post_title] => Determining Maintenance – What the Court Will Ask You [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => determining-maintenance-court-will-ask [to_ping] => [pinged] => [post_modified] => 2017-12-13 13:32:08 [post_modified_gmt] => 2017-12-13 05:32:08 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4231 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Determining Maintenance – What the Court Will Ask You[:] [post_title_langs] => Array ( [en] => 1 ) ) [17] => WP_Post Object ( [ID] => 4226 [post_author] => 4 [post_date] => 2017-12-13 03:01:02 [post_date_gmt] => 2017-12-12 19:01:02 [post_content] => In deciding how to divide the matrimonial assets fairly between the parties using the principle of ‘just & equitable’ the Court will take into account not just the direct financial contributions by both parties to the matrimonial assets but also indirect contributions (e.g. looking after the children, working for the family business, doing the housework, paying for the household expenses). In order to get an idea of what the matrimonial assets are and the extent of each party’s direct and indirect contributions to the assets, during the mediation, the judge mediator may ask you the following questions: -

1. What are your assets?
2. What is the value of each of your assets?
3. What are your direct financial contribution to each asset?
4. What are your non-direct contributions to each asset?
5. If your matrimonial assets include a HDB flat, have you checked with HDB on how the flat can be disposed of (by way of sale or whether it may be transferred to the other party etc.)?
6. How much is the refund to your CPF account that must be made if the asset is sold or transferred?
7. How much is the outstanding mortgage?
8. What are your debts and liabilities?
9. Are you a bankrupt?
10. Is there any interested party that has a share in your property?

[post_title] => Matrimonial Assets Division – What The Court Will Ask You [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => matrimonial-assets-division-what-the-court-will-ask-you [to_ping] => [pinged] => [post_modified] => 2017-12-13 04:50:08 [post_modified_gmt] => 2017-12-12 20:50:08 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4226 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Matrimonial Assets Division – What The Court Will Ask You[:] [post_title_langs] => Array ( [en] => 1 ) ) [18] => WP_Post Object ( [ID] => 4171 [post_author] => 4 [post_date] => 2017-11-01 17:23:23 [post_date_gmt] => 2017-11-01 09:23:23 [post_content] => COLLABORATIVE FAMILY PRACTICE:

• This process commences either during the marriage (if you are looking at executing a Deed of Separation or Marital Agreement) or prior to divorce proceedings.
• This is for parties looking at avoiding costly litigation and working to achieve a win-win solution in the best of interest of all parties. Interest-based negotiations prevail over positions.
• Lawyers must be accrediated in Collaborative Family Practice.
• High success rate.

NEGOTIATIONS 4-WAY:

• This is similar to collaborative family practice and each party is represented by a lawyer. Lawyers need not be trained in CFP.
• In the event negotiation fails, you can continue to use the same lawyer whereas in CFP you cannot.
• Meeting-based process to try to work out a settlement acceptable to both but leans towards being positional with ability to walk away.

MEDIATION:

• Private Mediate (3 parties)
  • Parties appoint a neutral third party to assist in the disputes.
  • Session conducted at Mediator’s office with parties but no lawyers.
  • It’s a process that requires parties to voluntarily participate and be committed to resolutions.
• SMC Mediation (6 parties)
  • During the court divorce proceedings, parties engage SMC to choose two mediators who are must be accrediated in Family Law mediation.
  • Parties pay a set fee each and comes to mediation with their lawyers.
• Court Mediation
  • This takes place in court and conducted by a judge sitting as a mediator.
  • Usually takes 2 -3 sessions (of 2-3 hrs per session to arrive at a global settlement).
  • No fees payable to the Mediators.
  • Parties need to set aside time and trust the process.

COURT LITIGATION:

• This is the last option when the other 3 routes fail.
• The preferred options when one party believes that it is impossible to collaborate, negotiate or mediate with other party.
• Be prepared to allocate time and financial resources as it is a longer process.
• Much paperwork involved – Affidavits, Summons, Discovery, Interrogatories, Injunctions, etc.

[post_title] => Divorce Routes: Which do I Choose? [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => divorce-routes-which-do-i-choose [to_ping] => [pinged] => [post_modified] => 2017-11-01 18:33:08 [post_modified_gmt] => 2017-11-01 10:33:08 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4171 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]Divorce Routes: Which do I Choose?[:] [post_title_langs] => Array ( [en] => 1 ) ) [19] => WP_Post Object ( [ID] => 4163 [post_author] => 4 [post_date] => 2017-11-01 15:31:14 [post_date_gmt] => 2017-11-01 07:31:14 [post_content] => How to have a….

Peaceful Divorce Fair settlement Cost-effective Child-focused approach

Here are 12 Tips to take note of :-

• Find an experienced divorce lawyer specialising in family law to help you strategize and map out a course of action.
• Familiarise yourself with the Singapore divorce process. Read more:
• Choose the appropriate Divorce Models. Read more:
• Do your homework and know what’s your bottom line.
• Be prepared to compromise.
• Have a financial budget.
• Keep an open-mind.
• Have realistic expectations.
• Be future-focused.
• Commit to co-parenting.
• Agree to go for counselling to learn how to co-parent after divorce.
• Try not to let emotions overwhelm you and consider engaging a Divorce Coach to take away the overwhelming feeling that comes with commencing or going through divorce proceedings.

[post_title] => 12 Tips to Achieve the Best Divorce Outcome [post_excerpt] => [post_status] => publish [comment_status] => closed [ping_status] => closed [post_password] => [post_name] => 12-tips-achieve-best-divorce-outcome [to_ping] => [pinged] => [post_modified] => 2017-11-01 17:54:51 [post_modified_gmt] => 2017-11-01 09:54:51 [post_content_filtered] => [post_parent] => 0 [guid] => https://www.singaporedivorcelawyer.com.sg/?p=4163 [menu_order] => 0 [post_type] => post [post_mime_type] => [comment_count] => 0 [filter] => raw [post_title_ml] => [:en]12 Tips to Achieve the Best Divorce Outcome[:] [post_title_langs] => Array ( [en] => 1 ) ) ) [post_count] => 20 [current_post] => -1 [in_the_loop] => [post] => WP_Post Object ( [ID] => 4654 [post_author] => 4 [post_date] => 2018-08-11 02:21:25 [post_date_gmt] => 2018-08-10 18:21:25 [post_content] => The decision to divorce is probably the most difficult step you will take during your life. If you have reached this point, you may ask yourself:

• Where do I go now?
• I feel confused, what are my options?
• How will child issues be handled?
• Whatever I do, I want to be sure that I am making the right decisions. How do I move my life forward from this point?
• Is there support available before and subsequent to filing for divorce?

There are wrong ways and right ways to go about taking that first step. Below are tips to help you make the right informed decisions: 1. Get educated, do your online research and familiarise yourself on how the divorce process in Singapore works. During the divorce process, you’ll be called upon to make many significant decisions that will affect you and your children for years to come. The more informed and prepared you are, the better the quality your negotiations will be. Choose an experienced divorce lawyer who takes the time to advice you about all of the available options for divorce so you can choose the option that's right for you in your particular situation. 2. Learn about your divorce options. Every family is different, and so are the circumstances in every divorce. Below are options for you to consider: Uncontested Divorce. Divorcing couples determine all their assets and liabilities, gather the necessary supporting documentation and come to an agreement on all outstanding issues, thus avoiding costly litigation. This is the cheapest and quickest form of divorce in Singapore. Private Mediation. A divorce lawyer who is trained in mediation can help couples arrive to an agreement on the terms of the dissolution of their marriage prior to filing for an uncontested divorce. 4-way Lawyer Negotiations with Parties. This process can be employed prior to and subsequent to filing for a divorce. Divorcing couples, through their own lawyers, sit through a series of “without prejudice” meetings to try and come to an agreement on divorce terms. Court Litigation Process. This process comes into play when parties are acrimonious and are unable to come to an agreement on the termination of the marriage and/or ancillary issues. There are two stages to the divorce proceedings; Divorce & Ancillary matters. Click here for more details on the divorce process in Singapore. Collaborative Divorce. Collaborative Family Practice (CFP) aims to help parties engage in a non-acrimonious settlement of differences without going to court. Divorcing couples are each represented by their own set of Singapore trained collaborative lawyers who come together to assist divorcing couples resolve conflicts by employing cooperative techniques rather than adversarial strategies and litigation. The collaborative process is most suitable where there are substantial assets and issues involved. 3. Get the right support. No matter how isolated you may feel, put aside the idea that the need for support is shameful or that you “must to be strong” all the time. Nowadays there are Divorce Coaching Services available, which you can call upon to get you through this time of traumatic transition. A Certified Singapore Divorce Coach can work with you in finding the road to your new life before, during and after the divorce process. After all, you deserve a life that is full of peace and happiness. By being focused and in control of your emotions, you can better prepare yourself for your divorce negotiations and approach them with a calm, level head. 4. Think about the future of your children If you have children, it is important to be aware of the issues that will arise before you take any form of action. Your priority will be working out new arrangements for who your children will spend time with and when.

• How do we tell the children?
• Who will they children live with?
• Who is responsible to pay child support?
• What will be the amount of child support paid?
• How does the law view child custody?
• What can I do to ease my child through this period?

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