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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    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.

Can you divorce in Singapore?

Can you divorce in Singapore?

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For a start, it is important to ensure that you are eligible to apply for a divorce in the first place, under the Singapore Family Justice Courts. You may not apply for a divorce under the Family Justice Courts if you and your spouse are Muslims, or if your marriage is carried out under Muslim law. Additionally, you may not apply for a divorce in Singapore if your legal marriage is less than 3 years. Special permission from the Family Justice Courts has to be obtained for a divorce to take place. 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

For more information, you may go through Singapore Statutes Online, where the Singapore laws on divorce may be found in the Women’s Charter.

 .

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.

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What is the definition of a divorce in Singapore?

Under Singapore law, a divorce is legal proceeding that officially terminates a marriage. When a Judge with the Singapore Family Justice Courts approve your divorce, you will be handed a Interim Judgement of Divorce.

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This officially concludes the first stage of your divorce. The Interim Judgement of Divorce, however, do not address matters pertaining to child custody, joint assets or maintenance. Under Singapore law, such matters are also known as ‘ancillary matter’.

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Ancillary matters are commonly addressed during the second stage of a divorce, after the Interim Judgement of Divorce has been handed over.

 

 

Deed of Separation

deed of separation .

Prior to having a divorce, one may consider being separated from his or her spouse for a set amount of time. If both parties agree to be separated without going through an official divorce, an agreement known as the deed of separation may be drafted to determine the terms and conditions governing the relationship.

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Based on mutual agreement and understanding, the deed of separation specifies the conditions during which the spouses are separated. Because the agreement is a private one between the parties involved, it is not submitted to the Singapore courts and thus out of public access. Ancillary matters such as children custody, maintenance, property and joint assets may be agreed upon in written form under the deed of separation.

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During the signing of the deed of separation, a trained family lawyer should be present as witness. The parties involved are also encouraged to seek professional legal advice prior to drafting a deed of separation. The lawyer should be informed clearly the conditions on which the parties involved wish to separate.

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Examples on the types of issues addressed in a deed of separation:

  • children custody – who should obtain care and control of the children? What are the rights of the other parent? How much access is the other parent entitled to?
  • maintenance – how much maintenance is the wife and child/children entitled to? How should it be paid and when?
  • Property – what should happen to the property purchased under joint names or in matrimonial arrangement? Who should be entitled to stay there if it is not to be sold? How should the funds be distributed if it is to be sold?
  • Joint Assets – If there are joint bank accounts, how should the monies or funds inside be allocated or distributed?

The deed of separation may also include any other issues that you deem important enough to be included inside.

Annulment of Marriage

 .annulment of marriage

An annulment of marriage refers to the dissolution of a marriage such that it is entirely erased from existence. It is as though the marriage has never taken place at all, in the eyes of the law.

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An annulment of marriage states that the marriage is not legally recognized and thus is considered to have never even taken place before. The process for one seeking an annulment of marriage is similar to one seeking a divorce.

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The spouse initiating annulment, also known as the plaintiff, must lobby for an annulment on the basis that the marriage is not valid. If the plaintiff’s application is not contested, the plaintiff will be granted a hearing date for uncontested annulment. The plaintiff is required to be present in person during the court hearing. The court hearing itself, however, usually lasts only 5 to 10 minutes. If granted, the Family Justice Court will pass an Interim Judgement which may be made final with a minimum period of 3 months.

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In the eyes of the law, once a marriage is void, the marriage is considered to have never taken place at all. Marriages considered to be void in Singapore include:

  • Marriages between Muslims carried out under civil law
  • A marriage that have taken place despite one of the spouse already legally married elsewhere
  • When one of the spouse is under 18 years of age and has not been given special permission for marriage
  • The spouses of the marriage being closely related by blood

Voidable marriages are marriages which may be considered void in the eyes of the law, due to special circumstances. Reasons for a voidable marriage may include:

  • No sexual relationship occurred between the spouses owing to unique circumstances.
  • The marriage has taken place without either party’s consent, under unique circumstances.
  • During the time of marriage, the wife is already pregnant with a child of another man.