Divorce can be a life-changing experience. It is absolutely normal to have many questions running in your mind if you are going through a divorce.
If you have children or a substantial amount of assets, what are those questions that you must have answers to?
Let us help you out.
Who gets custody of the children in case of a divorce?
Getting child custody means to get the legal right to make significant decisions about the education, religion, and healthcare of the child.
The court will decide whether you get sole custody or joint custody of the child.
Whosoever is given sole custody usually becomes the primary caregiver of the child. Child access or child visitation rights are generally given to the parent who does not have sole custody.
In the case of joint custody, you may share the responsibility, and the child may live with you on an alternating basis. In Singapore, the court will largely order that parents share joint custody of the child.
Can a father have care and control of a child?
If the child is very small, it is typically the mother who is the de-facto primary caregiver of the child.
However, if the father can prove that he has always been the primary caregiver, the court may rule in his favour.
However, that may not be enough as the sole discretion lies with the court.
You must seek help from a child custody lawyer if you would like to file for sole custody of the child.
Related Article: Custody Battles: 7 Things Dads Should Know
What is considered as matrimonial assets?
Assets that you acquire during your marriage are called matrimonial assets. It also includes assets that you may have acquired before marriage but whose quality has significantly improved during your marriage.
Matrimonial assets include:
- CPF accounts
- Matrimonial home
How does the matrimonial property division happen
The court considers the following factors when deciding on the division of assets:
- The contribution made by both parties towards the matrimonial assets
- The contributions made by both parties towards the well being of the family
- The needs of the children after a divorce
- Any agreement that the divorcing parties have agreed upon prior to the divorce
If your matrimonial assets include an HDB flat, both parties can mutually agree on what to do with the flat after the divorce.
Who pays for spouse maintenance?
Under the Women’s charter, the father may be asked to pay maintenance for his ex-wife and children.
However, if the husband can prove that he is incapable of maintaining himself due to a mental or physical disability, the wife may also be asked to pay maintenance to the husband.
There are several complex scenarios, and your divorce lawyer in Singapore will be the best person to answer such questions.
A divorce can be an emotionally trying time, not just for the couple but also the children involved. A good Singapore divorce lawyer would be able to sort out the legal complexities without further burdening you in such difficult times.