Your mind has been made up; you want to divorce but want to make sure that
you have taken all issues into account. Whilst the single most important
requirement is that you meet the required 3 year marriage bar, there are more
important issues to take into consideration. Careful planning and consideration
has to be taken into account.The points below will
touch briefly on critical aspects
before commencing on your divorce proceedings.For more information please
visit www.singaporedivorcelawyer.com.sg for all the information you need.
CPF
and Divorce
This important issue is critical, as it could
play a part in the future living arrangements of you and your loved ones.
Selling your matrimonial home
In a Singapore divorce proceeding, when you transfer
or sell your matrimonial home, you must refund the principal CPF amount that
you withdrew in the first place and additionally, the accrued interest.
If you are 55 years old or older
CPF refunds will go to your Retirement Account until
you reach your Minimum Sum. The CPF refunds will go to your Medisave Account up
to the Medisave Minimum Sum. If, after the top up of your Retirement Account
and Medisave Account, there are still excess refunds, the excess refunds will
go back into your CPF account.
Transfers to ex-spouse
The court may direct you to transfer your share in the
matrimonial property to your ex-spouse with partial or no refunds made to your
CPF account. Click here for more information.
Division of
Matrimonial Assets in Singapore
In Singapore, the court has the power to order the
division of matrimonial assets in a fair manner. Here are some factors that the
court will consider:
The extent of contributions made by each party in
money
Needs of the children of the marriage
The extent of contributions made by each party to the
welfare of the family
Any agreement between the parties with regards to the
division of the matrimonial assets upon divorce
What are matrimonial assets?
Matrimonial assets include all property acquired
during marriage.Similarly, assets acquired by way of “gifts” or “inheritance”
are not matrimonial assets unless they refer to the “matrimonial home” or is an
asset which has been substantially improved by both or the other party.
The
Collaborative Divorce Approach
Collaborative Family Practice (CFP) is a dispute resolution process new to
Singapore. It is a legal process whereby couples who have decided to separate
or end their marriage, can avoid the lengthy and costly process of a contested
divorce through negotiation.
The CFP
alternative is right for you if you seek:
· A dignified approach to handling your divorce.
· A fair and non-aggressive resolution of the issues based on the best
interests of the family, not just the individual.
· Guidance, support and advice on legal issues without the threat of
fighting in Court.
· Opportunity to work through the emotions and avoid misunderstandings so
as to arrive at sound, well-thought out decisions.
· To avoid the costs and emotional strain of Court proceedings.
· You wish your dispute and the terms of your settlement to be
confidential.
Contact our collaborative Divorce
lawyer to discuss your specific concerns. The collaborative process may not be
appropriate in all cases. Click here for more
information.
First Meeting with Your Divorce Lawyer
Firstly, you
should have an idea as to what you are going to ask the lawyer. To help you,
you can write your questions and concerns down in a piece of paper or email
them before your consultation.
The lawyer
usually goes through a list of questions to obtain data about the parties:
- Length of marriage,
- Place of marriage,
- No. of children
- Details of the parties and personal background
- History of the marriage,
- Whether it is likely to be an uncontested or
contested divorce,
- Brief financial position
The lawyer
will explain the various courses of action open to you, the court process and
legal fees. The first consultation with your divorce lawyer can take at least
20 minutes to an hour.
What should you bring?
- Marriage certificate copy
- Birth certificate copy of the children
- CPF / mortgage loan statement on property
- Cheque Deposit if engaging the divorce lawyer
Child Custody Laws in Singapore
Custody
There are four types of custodies that may be granted by the Family
Court in Singapore.
· Sole
Custody Order- The
custodial parent is the sole decision maker of the welfare of the child.
· Joint
custody order- Both
parents are decision makers of the welfare of the child.
· Hybrid
order- Custodial
parent must consult the non-custodial parents on matters pertaining to the
welfare of the child.
· Split
Custody order- custody of
one or more siblings is granted to one parent and the custody of the other
siblings is granted to the other parent.
When making a final parenting order, the family court
is required to take into consideration, the best interests for the child.
Parents should also use this principle when making their proposed parenting
plans.
The priority
of family court is to take into consideration, the benefit of a child`s
meaningful relationship with both his/her parents and the need to protect the
child from physical or psychological abuse.
The court
takes into consideration:
-The child`s views and reasons which affect those views.
-The child`s relationship with his parents, grandparents and other relatives.
-The willingness and encouragement shown by each parent to encourage the child
to continue a relationship with the other parent.
-The parents ability to provide for the child`s needs.
-The parent`s attitude towards the child and their upbringing.
-The maturity, sex and lifestyle of a child and of either of the child`s
parents.
-The act or threat of violence involving a child or a member of the child’s
family
For more
details, click here.
New Changes in Singapore Divorce Law
To
be implemented in October 2014, the new Family Justice Act seeks to transform
the family justice system to lessen the anguish and hurt for family members.
The new Family Justice Courts will comprise
of:
a a) Family
Court
b b) Youth
Court – replaces the current Juvenile Court
c c) High
Court (Family Division) – will hear appeal cases from the Family and Youth
Courts
The
new Family Justice Courts will specialise in family and child law, providing
expertise for both parties to reach a fair and equitable settlement.
Modification
of existing procedures and practices:
1.
A new judge-led approach – A judge will be
appointed to each case, and will direct the case moving forward. This is in
contrast to the old adversarial approach, where lawyers on opposing teams are
primarily responsible for bringing matters forward. This aims to serve the
needs and sensitivities of both parties (not merely one), and to benefit the
family as a whole.
2.
New Central Registry – the Registry will
manage all cases.
a a) Urgent
cases where violence and family safety issues are involved may be placed on an
expedited track.
b b) Cases
will be handled in accordance with their requirements, in recognition of the
fact that each case comes with its unique set of facts and circumstances.
3.
Family Justice Rules committee for a more
efficient process
A contested divorce may often be a
lengthy one. Multiple court documents need to be filed, with parties exchanging
complicated affidavits several times. The Family Justice Rules committee will
play a role in simplifying court forms, reducing the length of affidavits and
developing templates to ensure that only relevant information is presented.
This will reduce the time spent by lawyers in double-checking all pertinent
details and result in lower lawyer’s and court fees. Also, fewer Pre-Trial
Conferences (PTCs) will mean that the divorce process will be brought forward
and can be concluded more quickly.
Where
a child is involved
The
court may appoint a registered medical practitioner, psychologist, counsellor,
social worker or mental health professional to examine and assess the child
with the function of preparing expert evidence for use in those proceedings.
The child’s state of mind and well-being may be considered, with the
professional healthcare or social worker providing help and support for the
child during this difficult period.
More
changes may be introduced in time to come. The Family Justice Act is only the
first step in strengthening the social support network for families in
difficulty. As we
progress in time, the law evolves. Thus as lawyers, we keep ourselves apprised
with the latest developments and latest court decisions that can affect a case,
so that we can always provide the best advice to our client.
