Getting a divorce is never fun. For some, it can be a lengthy, stressful, and financially draining process. But understanding divorce processes in Singapore can surely make it easier for you emotionally and financially. Still, it is best to consider working with a lawyer who specializes in these cases. So before you hire a divorce lawyer singapore, here’s everything that you need to know to prepare yourself ahead of time.
A Glimpse of a Divorce Process in Singapore
Having a divorce both for contested and uncontested situations in Singapore is a two-stage process. It involves ‘dissolution’ and ‘ancillary matters.’ It is crucial that you understand each step involved because failing to do so can cause the rejection of the divorce.
- This is the first stage where the court decides whether the marriage is irretrievable and fixing it is a lost cause. If this is the case, the court will then grant you an Interim Judgment in order to officially dissolve the marriage.
- Ancillary Matters. The next stage is where the court will decide how the affairs of both parties should be dealt with. This includes child custody, visiting or parenting rights, spousal maintenance, and so on.
Reasons For Irretrievable Breakdown of a Marriage
As mentioned, you need to be able to prove that your marriage is beyond retrievable, that it has been broken down so bad that nothing can be done to fix it. Remember that this is the legal ground to file for a divorce in Singapore. So how do you prove it? Here are what’s under section 95(3) of the Women’s Charter:
- Even though some people can forgive and forget, adultery can be used against the spouse to file for divorce. This is when the Plaintiff finds it impossible to live with the Defendant who has committed adultery.
- When the Defendant has deserted or has disappeared from the Plaintiff for at least two years and has not been supporting the family, this can be a legal reason for a divorce.
- When both parties have separated for at least four years, separation can be a reason to file for divorce. But when the Defendant consents to the divorce, three years can be acceptable.
- Unreasonable Behavior. Another reason for an irretrievable breakdown of a marriage is when the Defendant has been behaving in a manner that the Plaintiff cannot stand to live with.
Requirements for Divorce Filing In Singapore
There are a couple of requirements under sections 93 and 94 of the Women’s Charter that you or you spouse need to comply with when wanting to file for a divorce in Singapore. First, make sure that you are a permanent or a habitual resident in Singapore before filing for divorce. You and your spouse should also need to have been married for at least three years. In other cases, the number of years married can be amended if the party who is filing for divorce has suffered exceptional and unreasonable cruel behaviour from the spouse.