Divorce procedures in singapore
1. Legal Grounds for Divorce in Singapore
Before embarking on divorce proceedings, it is crucial to understand the legal grounds recognized by Singaporean law. The Women’s Charter provides several grounds for divorce, including adultery, unreasonable behavior, desertion, separation for three years with the consent of both parties, and separation for four years without the need for mutual consent. Selecting the appropriate ground is a fundamental step in initiating the divorce process.
2. Engaging Legal Counsel
The first step in navigating divorce procedures in Singapore is engaging the services of a qualified divorce lawyer. Legal professionals specializing in family law play a pivotal role in guiding individuals through the process, providing legal advice, and explaining the implications of various decisions.
3. Filing a Writ for Divorce
The formal initiation of divorce proceedings involves the filing of a Writ for Divorce. The plaintiff (the party initiating the divorce) must submit this legal document to the Family Justice Courts. The Writ for Divorce outlines the grounds for divorce and may include details regarding child custody, alimony, and the division of matrimonial assets.
4. Service of Documents
Upon filing the Writ for Divorce, the next step involves serving the divorce papers to the spouse (defendant). This can be done through a process server or an alternative method approved by the court. The defendant is then given a stipulated period to respond to the divorce petition.
5. Acknowledgment of Service and Defense
If the defendant acknowledges the service of the divorce papers, an Acknowledgment of Service is filed with the court. If the defendant wishes to contest the divorce, they can file a Defense, outlining their objections and presenting their case. Failure to respond within the stipulated timeframe may result in the court proceeding with the divorce in the absence of the defendant’s defense.
6. Ancillary Matters: Child Custody, Alimony, and Asset Division
Divorce proceedings in Singapore extend beyond the dissolution of the marriage itself. The court addresses ancillary matters, including child custody, alimony (spousal maintenance), and the division of matrimonial assets. In cases involving children, the court prioritizes the best interests of the child when determining custody arrangements.
7. Mediation and Settlement Conferences
To promote amicable resolutions and reduce the emotional toll on both parties, the court encourages mediation and settlement conferences. Divorce lawyers play a crucial role in facilitating negotiations, helping clients reach mutually agreeable settlements on ancillary matters. If an agreement is reached, it is submitted to the court for approval.
Read more : Divorce procedures in singapore
