Getting a divorce while living overseas

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divorce

Introduction

 

Singapore is a very global city and its citizens have no lack of opportunities overseas. It is increasingly common for couples who were married in Singapore to migrate to other countries for a variety of reasons, whether professional or personal. However, marriages don’t always work out and the couple who has moved overseas may wish to file for divorce. This article explains how one may do so.

 

Applying for divorce overseas

 

If you were married in Singapore, but intend to file for divorce in another country, you will need to obtain a foreign divorce order by fulfilling that country’s legal requirements for divorce. In addition, the court granting the foreign divorce order must have competent jurisdiction.

 

Next, the foreign divorce order needs to be recognised in Singapore for the marriage to be dissolved. The foreign divorce order will be recognised if any one of the three grounds are met:

  • Where the foreign divorce order was granted by a court of the domicile of either spouse;
  • Where the foreign divorce order was granted by a court which exercised jurisdiction on the same basis that a Singapore court would have; or
  • Where there is a real and sufficient connection between the court which granted the foreign divorce order and either spouse.

 

Meeting any one of the three grounds will result in the dissolution of the marriage in Singapore. Parties to the marriage may then proceed with resolving ancillary matters, such as child custody, maintenance, and division of matrimonial assets.

 

If you wish to file for divorce overseas and your spouse files for divorce in Singapore

 

There may be situations where you have started divorce proceedings overseas, but your spouse commences separate divorce proceedings in Singapore. The spouse will likely choose to do so if he or she believes that they can get a more desirable outcome under the matrimonial laws of Singapore.

 

In response, you may wish to apply for a stay of proceedings in Singapore, which, if allowed, would suspend the divorce proceedings in Singapore. In deciding whether your stay application should be granted, the court will consider various factors such as where your children live, and the location of your assets.

 

A successful application will allow you to continue with the foreign divorce proceedings.

 

 

If you are living overseas but wish to file for divorce in Singapore

You may only file for divorce in Singapore if the Singapore court has jurisdiction to hear your case.

 

The Singapore court will have jurisdiction to hear your divorce only if either you or your spouse is:

  • Domiciled in Singapore at the time of commencement of the divorce proceedings; or
  • Habitually resident in Singapore for a period of three years immediately preceding the commencement of the divorce proceedings.

 

Domicile is a legal concept which refers to the place where a person intends to reside permanently and is used to link an individual to a particular jurisdiction. A party is presumed to be domiciled in Singapore if he or she is a Singapore citizen, unless the contrary is proven.

 

Furthermore, you should check if your spouse has filed for divorce overseas. If so, you may need to apply to the foreign court to stay the divorce proceedings and at the same time make sure that the Singapore divorce proceedings are not stayed.

 

In order to have a quick divorce, it is best that you and your spouse agree on the divorce and all ancillary issues.  Our lawyers can explain more when you meet them for a free consultation. 

 

If successful, you will be able to continue with the Singapore divorce proceedings to have your marriage dissolved. 

 

If you have any queries, please contact Quick Divorce at 6854-3111.

 

 

HOW TO GET AN UNCONTESTED DIVORCE IN SINGAPORE

 

HOW TO GET AN UNCONTESTED DIVORCE IN SINGAPORE

UNCONTESTED DIVORCE

An uncontested divorce is the alternative to going through a trial in court.  An uncontested divorce is much less expensive than a contested divorce and allows both parties to end their marriage amicably and quickly.

In Singapore, a majority of divorce cases are uncontested divorces.  

In uncontested divorces, spouses must come to an agreement on all issues raised by the divorce. This means important decisions like how assets are split or how custody is managed must be made together and agreed and signed by both parties in the Court Order.  This means that you must be able to talk to your spouse and come to an agreement on all issues.  Contrast this with a contested divorce, in which both spouses are not able to agree on ancillary issues and litigate in court for the judge to decide.

 

When do you go for a contested divorce?

A contested divorce is suitable only if you have an exceptionally complex case or have a spouse who is completely uncooperative.  It is also quite common for a divorce to be contested if there are large assets to be divided or where both parties want custody of the children.

 

Requirements of an Uncontested Divorce

Some of the basic requirements you will need to get an uncontested divorce are;

  • You must have been married for at least 3 years.
  • You must have a valid ground for divorce.
  •  .You must be a Sinaporean, or a PR. If you are not a Singaporean or PR, you must have lived in Singapore for at least 3 years.
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    Contact QUICK DIVORCE SINGAPORE at 68543111 for your free first consultation today.

THE FESTIVE PERIOD AND DIVORCE

festive period and divorce

Why is there a spike in divorce enquiries once the festive period ends?

 

Whenever a festive period like Chinese New Year or Christmas ends, here at Quick Divorce Singapore, we usually notice an upward trend in divorce enquiries.

 

The post-festive period – where happiness runs out?

 

The festive season is usually associated with happiness and joy. In most cases, couples are already dealing with issues or are facing a crisis in their relationship. So why do more couples contemplate or decide to file for divorce after the festive period? There appear to be a variety of reasons:

 

  1. They do not want to dampen the mood during the festive season, especially if children are involved.
  2. The children are back at school.
  3. Couples may want to have one “last” gathering as a family.
  4. Troubled couples may have hoped that the joyous period will help to improve the situation.
  5. They may want to avoid the awkwardness and “interrogation” at family gatherings.
  6. Couples decide that they want a fresh start in the new year.
  7. Pressure from friends and family during gatherings as the acrimony might not be isolated to the couple alone.
  8. Something major happened during the festive season that leaves divorce as the only option for the couple.
  9. Money problems resurface under the added pressure and expenses attached to the festivities.

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At the end of the day, getting a divorce is a significant and difficult decision. While we recommend getting legal advice early, we also wish for potential clients to take the time to make sure that a divorce is what they really want.

 

If you have decided that a divorce is the way moving forward, it is best to consider settling it in an amicable manner to save yourself time, money and the emotional burden.

 

If your divorce is mutual and uncontested, it takes only 1 month to obtain the Interim Judgment and another 3 months after that to obtain the Final Judgment. There is no need for you to appear in court as well.

 

The fees for an uncontested divorce is significantly lower than if the divorce is contested. At Quick Divorce Singapore , our fees are $1,500 if there are no ancillary matters and $2,500 if there are ancillary issues.

 

Contact QUICK DIVORCE SINGAPORE at 68543111 for your free first consultation today.

 

When can I marry again?

In Singapore, after your divorce, you may remarry after the Final Judgement has been obtained. The Final Judgement is also known as the Certificate of Final Judgement Form. You must also wait till the Court has concluded all ancillary matters pertaining to your case, or for 3 months, whichever comes later, before you may apply for the Certificate of Making Interim Judgement Final.

Is a lawyer required for a divorce?

Do you need a divorce lawyer to handle your divorce?

Technically, you may apply for a divorce on your own without a lawyer, though this is usually not the recommended approach. The process may be unfamiliar and complex for some. You will still be required to file the required legal documents in the correct formats, pay the relevant filing fees and submit your documents via the court’s online portal. Failure to do so may cause you to incur additional and unnecessary filing fees. You will also not receive any legal advice from the Family Justice Courts. Only a practicing lawyer is able to give professional advice on your case.

Is it possible for my spouse and I to come to an agreement so that we may avoid a contested divorce?

In short, the answer is yes. In fact, this is the recommended approach. Contested divorces are lengthy and much more expensive. It can also be emotionally taxing for all parties involved. An uncontested or agreed divorce is often the better option for you, your partner and children. That is if you are able to agree with your spouse on the terms on how to move forward with a divorce.

Can I oppose my spouse’s divorce application?

In short, yes it is possible. To do so, however, it is important to follow the proper process as set out in the law. If you opt to ignore a Court case, the Court may pass judgement without your presence or acknowledgement. You may suddenly find your marriage legally terminated and that ancillary matters regarding child custody, joint assets, maintenance etc have been decided in a court order. Such court orders are legally binding even with your absence during the Court hearing.

What happens if I couldn’t find my spouse?

If your spouse may not be found, you may still apply for a divorce with the Singapore Family Justice Courts. The process, however, may be more expensive and complex as the Court will still require the divorce papers on him or her to be served.

How may I apply for a divorce in Singapore?

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With the Singapore Family Justice Courts,

  1. File a Writ of Divorce
  2. File a Statement of Claim
  3. File a Statement of Particulars

Respective filing fees apply. If you are the one filing for a divorce, you are known as the plaintiff. Your other half is known as the defendant. You may file for a divorce on your own or via a lawyer.

What are the requirements for a divorce in Singapore?

What are the requirements for a divorce in Singapore?

You will only be granted a divorce only if the Family Justice Courts deemed your marriage having officially ended. In legal terms, this means that the Judge of the Family Justice Courts must agree that your marriage has irrevocably broken down. To prove that your marriage has officially concluded, you must prove at least one of the following;

  • that your other half has committed adultery; you find yourself unable to live with him/her
  • that your other half has behaved unreasonably such that you find yourself unable to live with him/her
  • that your other half has abandoned you for at least 2 years
  • that if you and your other half agree to a divorce, the 2 of you must have been separated for at least 3 years
  • that if you and your other half do not agree to a divorce, the 2 of you must have been separated for at least 4 years

 

You may apply for a divorce under the Singapore Family Justice Courts if you or your spouse;

  • are a Singaporean.
  • have lived in Singapore for a minimum period of 3 years prior to applying for a divorce with the Family Justice Courts.
  • are domiciled in Singapore.

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    ABOUT QUICK DIVORCE SINGAPORE

    Quick Divorce Singapore – The most affordable way to get a divorce in Singapore by Singapore Family Lawyer specialists. Quick Divorce Lawyer Singapore will show you how you can save thousands of dollars in legal fees.

    If you need a family lawyer for a contested divorce, uncontested divorce, separation agreement, child custody, division of matrimonial assets or any other family law matter, we can help. Quick Divorce Singapore connects you with quality legal services that are affordable and reliable – backed by the expertise of specialist Singapore divorce lawyers.