Family - Subttlaw

Family

We understand that divorce or annulment of marriage can be emotionally challenging and legally complex. Our team of dedicated lawyers will help you navigate this process seamlessly.

As every client’s need and expectations are unique, we are committed to helping you navigate the following areas with your best interests at heart:

Division of matrimonial assets
Custody, care and control of children and resulting breaches
Family violence
Pre-nuptial and post-nuptial agreements
Variation of court orders
Attempts to dissipate or dispose matrimonial assets
Enforcement of court orders
Guardianship of children
High net worth divorce
Issues arising out of differing nationalities of parties, jurisdiction, rights of parties and
Enforcement of court orders

In addition, we have also represented clients in appeals at Singapore’s Apex Court, the Court of Appeal. Prior to divorce, we advise clients on separation and the preparation of separation agreements.

Whether it’s an amicable uncontested divorce or a more contentious contested case, we tailor our approach to each client’s unique needs, striving to achieve fair and equitable resolutions that protect their rights and the welfare of any children involved. Let us be your trusted lawyers during challenging times, standing by your side every step of the way.

We are committed to transparent pricing and cost-effective solutions. Please reach out for a quote.

FAQ

1. What are the requirements to apply for divorce in Singapore?

You must have been married for a minimum of 3 years
Party must:
- be a Singapore Citizen or Permanent Resident (PR);
- have been domiciled in Singapore at the beginning of the divorce process; or
- have lived in Singapore for the 3 years immediately preceding the divorce
  Application.
The party filing for divorce must show that there has been an “irretrievable breakdown” of the marriage

2. Can I apply for divorce if I have been married for less than 3 years?

Yes, but only if you can show that you have suffered exceptional hardship or the spouse has been exceptionally unreasonable and cruel.

3. How can I prove that the marriage has broken down irretrievably?

You can do so by proving one of the following 5 facts:

Adultery
Unreasonable behaviour
Desertion for 2 years
Separation for 3 years (and the defendant consents to a divorce); or
Separation for 4 years

4. How can I apply for an uncontested divorce?

You can do so if your spouse and you reach an agreement on the following areas:

the reason for divorce;
the party who will obtain care and control of the children;
how the assets are divided; and
a reasonable amount of maintenance for the spouse and children.

5. Can I get a divorce even if my spouse objects?

Yes, this will be treated as a contested divorce. The contest can be on the reasons for the divorce or the ancillary issues such as the custody, care and control and access to children or both.

6. How long must I wait to get the divorce order?

If the divorce is uncontested, the interim judgement can be obtained about a month after the divorce suit is filed and final judgement will be given 3 months thereafter
If the divorce is contested, it may take between 6 months to a year or even longer for you to get the Interim and Final judgments depending on the on the extent to which issues are contested

7. What are the requirements to apply for nullity in Singapore?

You must apply for nullity within 3 years of the marriage
You must show either that the marriage is void (i.e., the marriage being invalid or illegal in law) or voidable (i.e., the marriage is valid but you do not want the marriage to continue)
The marriage will be void if:
- one spouse is still married to a third party;
- a spouse is under 18 and has not been authorised to get married;
- it is a marriage between Muslims but the marriage is registered under civil law;
- where the marriage was not properly solemnised under the law; or
- the parties in the marriage are prohibited by law from marrying each other such as prohibited blood relations.
The marriage will be voidable if:
- the wife was already pregnant by another man at the time of the marriage;
- due to one or both parties’ incapacity, the marriage has not been consummated;
- one party wilfully refuses to consummate the marriage; or
- the marriage has come about without valid consent due to one party consenting under a mental disorder, mistake, or duress.

8. How will the court decide on the custody care and control and access to the children of the marriage?

If the parties agree, the court will usually grant the orders the parties want
If the parties cannot agree on the orders to be made, the court will make a decision based on a variety of factors

9. What is an alternative to divorce (i.e. Deed of Separation)?

Deed of Separation is available if:

you have been married for less than 3 years;
you do not wish to live with your spouse but do not want a divorce for any reason such as your religious faith;
you want time to decide whether or not you should apply for divorce;
you have not fulfilled the Minimum Occupancy Period (MOP) to sell your HDB Flat.

10. What is a prenuptial agreement?

A prenuptial (i.e. pre-marriage agreement) agreement is a legal contract that is entered into by a couple before they get married with the aim of reaching a prior arrangement in the event of a divorce.

11. What can I do if my spouse commits Family Violence?

If your spouse or child harms, you or threaten to harm you can apply for a Personal Protection Order (“PPO”) to restrain the spouse or child from using family violence against you. The application may be made by you or if you are below 21 by a guardian or relative.
Besides a PPO, you may also apply for are Expedited Orders (“EO”) or Domestic Exclusion Order (“DEO”). An EO is a temporary PPO given if there is imminent danger and lasts for 28 days from the date it was served on the respondent while a DEO excludes or restricts the respondent from entering the applicant’s residence or parts of the residence.

12. Who can apply for protection orders?

The following persons can apply for a family protection order:

spouse or former spouse;
a child, including step and adopted children;
father, mother, in-laws or siblings of the offender; or
any other relative or person who is unable to look after him or herself and is in the opinion of the Court that he or she should be regarded as a member of the family.

13. Can I vary a divorce court order?

Yes, you can if:

you want to increase or decrease or stop paying maintenance due to a change in your or your ex-spouse’s financial circumstances;
you want to change the custody care and control and access arrangements in the best interests of the child;
the previous order for the sale or transfer of the matrimonial property is not
workable or should be changed e.g. because one party can no longer get or pay a mortgage loan or refund the other party’s CPF money.

FAQ