Deciding to divorce is one thing. Understanding what you may need to deal with before you file is another.
Before commencing divorce proceedings in Singapore, it is useful to understand the legal basis for the divorce and consider the issues that may affect you afterwards, particularly children, maintenance, matrimonial assets and your financial position.
At GJC Law, our divorce lawyers regularly advise clients before proceedings begin, helping them understand their position, identify the issues that may need to be resolved and avoid making important decisions without first considering their legal and financial implications. Led by Gloria James-Civetta, Head of Family Law, with more than 30 years of family law experience, our team advises on both straightforward and complex divorce matters.
Grounds For Divorce
In order to apply for a divorce in Singapore, one must prove that the marriage has irretrievably broken down, with evidence, based on one or more of the following facts:
- adultery
- unreasonable behaviour
- desertion
- 3 years separation with consent or
- 4 years separation without consent
- mutual agreement
Adultery or Improper Association
In Singapore, adultery is recognized as a valid fact that one can rely on to prove the irretrievable breakdown of a marriage. To rely on this fact, one must have sufficient objective evidence to prove that their spouse has committed adultery.
It is sometimes challenging to procure evidence regarding what has happened and who the third party is, for the purposes of filing for a divorce, based on adultery.
In the event that there is a lack of evidence in the form of objective proof or a confession, you can still file a divorce using the fact of ‘unreasonable behaviour‘. In doing so, one can state that their spouse has acted unreasonably by improperly associated with various third parties.
Contesting The Grounds for Divorce
When filing for a divorce in Singapore, the filing party (the Plaintiff) will often place the responsibility for the breakdown of the marriage on the other party (the Defendant).
In such cases, the Defendant can file a counterclaim, stating that the Plaintiff has also contributed to the irretrievable breakdown of the marriage.
In the vast majority of cases, the facts that parties have chosen to prove the irretrievable breakdown of the marriage have no bearing on the ancillary matters, such as the division of matrimonial assets, care and control or access to children.
The facts that parties are relying upon for the divorce may also be toned down to further acrimony and avoid escalating the conflict.
Contested Or Uncontested Divorce
In Singapore, you can consider proceeding with an uncontested divorce or a contested divorce.
In the case of an Uncontested Divorce, both you and your spouse agree on all the terms and conditions of the divorce, without any disputes.
This includes mutual agreement on the reason for the divorce, arrangements regarding spousal support, child custody and support, as well as the division of assets and other related matters.
Most divorcing couples opt for this route simply because it is quicker, less stressful and the most economical way to get a divorce in Singapore.
On the other hand, a Contested Divorce tends to be more drawn out. Here, disagreements on one or more issues lead to a situation where the matter is brought before a judge for resolution.
This path can be emotionally and financially demanding on parties, due to its complexity and the time it takes to reach a resolution.
From Contested to Uncontested
Many divorce cases initially start as contested but move into uncontested through the mandatory process of court mediation. During such negotiations, it is important to have an experienced divorce lawyer by your side, who is able to advise you on the relevant strategies and what your best and/or worst-case scenario is.
A skilled family lawyer can navigate through the complexities of your case, aiming to settle disputes amicably without the need for trial.
Understand Your Position Before You File
The decisions made before a divorce begins can affect how issues involving children, maintenance, property and matrimonial assets are approached later.
GJC Law’s divorce lawyers can help you understand your legal position, assess the issues that may arise and consider your options before you agree to terms or commence proceedings.
We’re here for you
GJC Law offers a range of consultation options, including a complimentary 20-minute Divorce Process Consultation for general process information and 30-minute or 1-hour Strategic Divorce Consultations for advice on your particular circumstances.
Speak with our divorce lawyers before taking the next step.
