Yes, it may still be possible to commence divorce proceedings in Singapore, provided the Singapore courts have matrimonial jurisdiction to hear the matter.
If you wish for the divorce proceedings to be heard in Singapore rather than in the foreign jurisdiction where proceedings may have already been initiated, an application may be made to the foreign court to stay those proceedings in favour of the Singapore divorce proceedings.
In determining whether Singapore or the foreign jurisdiction is the more appropriate forum for the divorce proceedings to be heard, the Court will consider the connecting factors linking the parties and the marriage to each jurisdiction.
- Commencing divorce proceedings overseas does not necessarily prevent divorce proceedings from being commenced in Singapore, provided the Singapore courts have matrimonial jurisdiction to hear the matter.
- Where proceedings have been commenced in two jurisdiction, the courts may need to determine which jurisdiction is the more appropriate forum to hear and determine the matter.
- Relevant factors may include where the spouses resided during the marriage, where the children habitually reside and the extent of the family’s connections to each jurisdiction.
- A foreign divorce or related orders are not automatically recognized or enforceable in Singapore. Issues relating to recognition and enforcement may need to be considered separately.
- Timing can be crucial where divorce proceedings have already commenced overseas. Obtaining legal advice early can help clarify the available options and strategies.
How Does a Court Decide Which Country Should Hear the Divorce?
Depending on the law of the foreign jurisdiction, a court may apply the doctrine of forum non conveniens. Broadly, this doctrine allows a court to recognise that another jurisdiction is the more appropriate forum for the dispute and, in the exercise of its discretion, stay or decline to exercise jurisdiction over the proceedings.
In determining which jurisdiction is the more appropriate forum for an international divorce, the court may consider a range of connecting factor which may include:
- The extent of the spouses’ connection to Singapore and the foreign jurisdiction, including the amount of time spent in Singapore and the foreign country during the marriage;
- where the spouses ordinarily or habitually resided;
- where any of the children of the marriage are habitually resident;
- where the matrimonial assets are located; and
- any other circumstances connecting the marriage and family to either jurisdiction.
Read more: Can an Expat Divorce in Singapore?
What if the Foreign Court Grants the Divorce First?
If the foreign divorce is recognised in Singapore and the marriage has already been validly dissolved, the Singapore court will generally not grant a further divorce in respect of the same marriage.
However, the legal effect of a foreign divorce order and any accompanying ancillary orders in Singapore will depend on the circumstances of the case.
Issues concerning spousal and children maintenance, the children’s care arrangements and the division of matrimonial assets may require separate consideration, particularly where the foreign orders are not recognized or directly enforceable in Singapore.
Read more: What if a Court in another Country has made a Maintenance Order?
Will Singapore Always Recognise a Foreign Divorce?
Not in every case. A foreign divorce may be recognized in Singapore if it can be shown that the divorce was granted by a court of competent jurisdiction and that the foreign court had jurisdiction to determine the divorce in accordance with the applicable legal principles.
Where there is a dispute as to which country should hear the divorce proceedings, the parties may wish to seek legal advice before either set of proceedings progresses too far.
If the foreign proceedings are stayed in favour of Singapore, the divorce may then proceed through the Singapore divorce process, provided Singapore’s jurisdictional requirements are satisfied.
How Will I Proceed With Divorce Proceedings in Singapore?
To commence divorce proceedings in Singapore, at least one party must generally be domiciled in Singapore at the commencement of proceedings or have been habitually resident in Singapore for the three years immediately preceding the commencement of proceedings.
Where habitual residence is relied upon, significant periods of absence from Singapore and the surrounding circumstances may be relevant in determining whether the jurisdictional requirement has been satisfied.
How GJC law can Help
Cross-border divorce matters often involve complex issues relating to jurisdiction, foreign proceedings, recognition of foreign judgments and the appropriate forum in which a divorce should be heard.
Gloria James-Civetta has close 30 years of family law experience and regularly advises on Singapore divorce proceedings involving international or cross-border elements. Our team of lawyers has acted in numerous matters involving spouses, children or assets located across multiple jurisdictions.
Where divorce proceedings have already commenced overseas, you may wish to obtain legal advice on your position under Singapore law and the options available to you in relation to any Singapore proceedings before taking your next step.
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.
