Divorce is a challenging and emotional experience and navigating the divorce process in Singapore can be complicated. Whether the separation is amicable or contested, understanding the steps involved can help you prepare for what lies ahead. In this guide, we will walk you through the divorce process in Singapore, outlining the key stages, requirements, and what to expect at each step.
Filing for Divorce in Singapore: The First Step
The Singapore divorce process starts when a party files for divorce in the Family Justice Courts. You will need to qualify under certain criteria to file for divorce, which are:
- Marriage Length: You have to be married for a minimum of 3 years before filing for divorce, unless there are exceptional reasons (like adultery or abuse).
- Grounds for Divorce: Divorce in Singapore is only granted on a single ground: the irretrievable breakdown of the marriage. This must be proved by the party seeking divorce by establishing one of the following facts:
- Adultery
- Unreasonable behavior
- Desertion
- Separation with the other party’s consent for a period of at least 3 years
- Separation without consent for a period of at least 4 years
After the petition is submitted, the court will schedule a hearing date to enable both parties to argue their case.
What Happens During the Divorce Hearing?
The court, at the hearing, will examine the evidence and determine if the marriage has irretrievably collapsed. Once satisfied with the evidence, a conditional order of divorce (otherwise referred to as a decree nisi) will be made. The order is not permanent but merely marks the breakdown of the marriage in law.
At this point, the court can also settle any immediate matters, including temporary custody of the children or spousal support. In the case of a contested divorce, where the spouse objects to the petition or the conditions, the court will hold additional hearings to settle the issues.
Finalizing the Divorce: Decree Absolute and Settlement of Issues
Once the conditional order for divorce is released, there is a waiting time of approximately 3 months when the final decree can be awarded. This provides both parties with time to work out any unsettled issues, including the distribution of assets, custody of the children, and maintenance.
After the problems are settled, the final decree of divorce (or decree absolute) is granted, legally ending the marriage. This is the end of the divorce process in Singapore. If the couple cannot reach an agreement regarding issues such as the division of assets or child custody, the court will conduct hearings to decide finally.
Post-Divorce Considerations: Moving Forward
Even after the divorce, there can be post-divorce issues that need to be addressed. These include:
- Enforcement of Orders: When one party fails to comply with the court orders for child custody or spousal support, enforcement procedures can be initiated.
- Modification of Orders: Where circumstances change, like a change in financial condition or residence, either party can ask for modifications in the court orders.
It is crucial that one gets legal representation to guarantee conformity with court orders and handle any upcoming issues that could come up.
Conclusion
The divorce process in Singapore can be intricate and emotionally challenging but understanding each step can help you navigate the journey with greater clarity. Whether your divorce is uncontested or contested, having experienced legal support will ensure that your rights are protected. If you are considering divorce, consult a qualified lawyer to guide you through the divorce process Singapore and help you achieve a fair and just resolution.
Contact Us:
Singapore Divorce Lawyer
Website: – https://www.divorcelawyersingapore.com.sg/
Address: – Havelock II, 2 Havelock Road #05-14, Singapore 059763
Email: – [email protected]
Phone No: – +65 9833 0314
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