Parties have to be married for at least 3 years unless permission from court is granted, before divorce proceedings may be commenced and one party must be domiciled in Singapore or habitually resident in Singapore for a period of 3 years preceding commencement of proceedings.
Irretrievable breakdown of marriage is the sole ground of divorce and is to be established by one or more of the following facts:
- Adultery of the Defendant
- Unreasonable behaviour of the Defendant
- Desertion for a continuous period of 2 years by the Defendant
- 3 years period of continuous separation of parties for which the Defendant’s consent is to be obtained
- 4 years period of continuation separation
Judicial Separation »
A decree of Judicial Separation is an alternative to divorce proceedings where either party is restrained on religious or other grounds to proceed for divorce but wishes to live apart from the spouse. Subsequent to the granting of an Interim Judicial Separation, the court will then proceed to make ancillary orders relating to children’s issues and on financial matters.
Nullity »
In many cases where the Plaintiff seeks to set aside the marriage, the marriage is not consummated owing to either party’s incapacity or the Defendant’s willful refusal to so consummate. The marriage may also be nullified if either party did not validly consent to the marriage or if either suffered from mental illness at time of the marriage or if Defendant was suffering from venereal disease at the time of marriage or the Wife was pregnant with someone else’s child at the time of marriage.
Financial Settlement / Ancillary Matters »
Divorcing parties need to look forward when separating their assets to plan for their financial future. With our years of experience, we can assist you to evaluate issues relating to division of matrimonial assets and advising on equitable division between parties.
Maintenance/Child support »
Under the Singapore laws, there can be no order for a wife to pay maintenance to her husband. Spousal maintenance is therefore encompasses orders pertaining to a husband’s maintenance of his wife or former wife. Maintenance payments may be either or both lumpsum or periodic maintenance and may be made during the course of the marriage or when granting or subsequent to the granting of a divorce, judical separation or nullity of marriage.
Maintenance of children is a joint responsibility of both parents. The Family Court often also hears application for maintenance of children. We at Mirchandani & Partners regularly assist clients in filing applications for maintenance (either by way of summons application or as ancillary matters in divorce proceedings) or for the enforcement of maintenance orders in the Family Court.
Mediation »
Family / Domestic Violence »
Family / Domestic Violence includes :
- Willfully or knowingly placing or attempting to place a family member in fear or hurt;
- Causing hurt to a family member by such act which is known or ought to have been known would result in hurt;
- Wrongly confining or restraining a family member against his / her will; and
- Causing continual harassment with intent to cause or knowing that it is likely to cause anguish to a family member.
"Family Member" refers to a spouse, former spouse, child (including adopted and step-child), parents, father or mother-in-law and siblings.
Restraining order is for the protection of people who have been threatened with domestic violence by a family member. They are not for the purpose of getting an extra advantage in a child custody or divorce case. They should be used only when violence is an issue.
Restraining orders for real victims: If you have reasons to fear for your safety or the safety of your children, speak to our lawyer about a restraining order. We will take quick and effective action on your behalf. Overturning invalid orders: If you have been unfairly served with a restraining order, we are ready and willing to litigate the matter in court. When a restraining order is used inappropriately, it is an abuse of the legal system and can unfairly deprive someone out of the home.
Enforcement of Court Orders »
Variation of Orders of Court »
Men & Divorce »
Some men are under the belief that they stand at a disadvantaged position in law under the Women's Charter which apply to matrimonial proceedings in Singapore. Our lawyers will advise you on these unfounded but common perceptions.
We will advise you on your responsibilities and obligations, on your rights in and out of the marriage both as a husband and as a father. We understand your concerns and will ensure that you acquire all relevant and necessary information to make your rightful claims which are fair to both you and the other party while keeping the children’s interests at the heart of the situation.
Our advice will assist you in identifying your priorities and exploring possibilities so that you are able to fulfill your role as a father in your children's lives. We will help you on issues pertaining to custody, care and control and access either through litigation or mediation.
We also advise on commencing or defending applications on maintenance, personal protection orders and domestic exclusion orders.
Pre-nuptial agreements »
A pre-nuptial agreement is entered between a couple before they marry and contains written terms pertaining to a financial settlement in the eventuality of a divorce.
In some jurisdictions such as the USA and some European countries, such pre-marital contracts are common and enforceable. In a recent Court of Appeal decision, the Singapore Court addressed issues pertaining to a pre-nuptial agreement entered into by a foreign couple that was executed in the Netherlands.
There are some couples who view a pre-nuptial agreement as a means to exclude inherited assets from forming the subject of matrimonial assets to be divided on divorce and other couples who seek prenuptial agreements as a protection from financial loss should the marriage fail. Legal advice is valuable to a party intending to marry who has the aforesaid concerns and who wishes to enter into a pre-nuptial agreement.
If a prenuptial agreement has been signed by a couple, a party contemplating divorce would be advised to seek legal counsel on its validity and enforceability.
Children »
It has been acknowledged and widely accepted that the parties' children are usually the main victims in a divorce. It can indeed be rather painful and confusing particularly for a young child to be caught in the cross fire between the two warring parents. Even for older children the claim for their allegiance sought by one or even both parents during the conflict results in extreme stress. The instability of the home and insecurity for the future unfairly causes worry and fear and adds to the child’s usual concerns. The issue of the child’s interest must therefore be carefully and thoughtfully managed.
- Custody
The court may grant joint or sole custody or even make a no custody order. Custody involves decisions on larger matters such as education, religion, place of stay, health etc Care and control of a child, ie the right to stay with and make day to day decisions in minding the child, will vest on one parent. There are various factors the Judge hearing the dispute on child custody issues invariably looks for in determining who is the "better" parent. The evidence is presented in the form of affidavits (sworn documents) enclosing exhibits, and cross examination of the makers on its contents is usually not required. The parent not granted care and control has rights of access to a child and this may include overseas access.
- Guardianship of Infants
- Adoption
Adoption is a legal process by which the rights and responsibilities to a child are given up by the biological parents and taken on by the adoptive parents. Adopting a child and experiencing parenthood are major, life changing decisions. Our wide experience in handling both local and international adoptions, will make the entire legal process seamless as we are able to guide you through the details of law, procedures and timelines in a adoption.
- Custody Evaluation
On occasions, a welfare report may be called, and the Judge can also interview the children directly. As the primary consideration is the paramount interest of the child, in some cases a non parent may seek and be granted guardianship of a child if the court views this as being in the primary interest of the child.
- Grandparent custody
- Unmarried parents
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