Processes involved with Divorce

Getting a divorce is not an easy task as it involves many complexities. In this blog, we will discuss the process of How to do divorce.

The divorce process starts from filing all the necessary paperwork to the courts, which includes submitting a writ of divorce accompanied by a statement of claim citing the grounds under which you are seeking divorce.

Once done with that the partner who is filing a divorce must also submit a proposal stating how any minor children of the union will be provided for after the separation is finalized. They also need to give a housing plan detailing how the shared home will be divided or disposed. The respondent spouse is informed about the initiation of divorce process, once all documents are received by the court.

The process continues with a Status Conference scheduled by the court within six weeks from the respondent's declaration of having no objection to the grounds. But if the respondent has objected, then the spouses have to enter into court-mandated counselling until they reconcile or they decide that divorce is inevitable.

The court puts an effort to save the marriage by providing a three-month cooling-off period. Also, in order to grant a divorce, it is important that the judge is completely convinced that the marriage is beyond repair. After getting convinced, the judge provides a certificate of divorce. 

Expat Divorce in Singapore

If you are an Expat living and working in Singapore, you are eligible to divorce in Singapore, provided you satisfy the following requirements:-

- You have been married for more than three years

- As long as one party has been resident in Singapore for more than 3 years

- That you have established grounds for Divorce (fault or no-fault basis)

The procedure to divorce in Singapore takes about 5 to 6 months (2 to 3 months to Interim Judgment and 3 months to Final Judgment.) The latter is a mandatory period to wait.

It is usually cheaper and faster to divorce in Singapore due the cheaper exchange rate of the Singapore Dollar. If it is a divorce agreed by both parties and ancillary issues are agreed upon, then Fixed Divorce Fees kick in. Filing on a fault basis also means that you can initiate the divorce process immediately without having to wait or meet any time criteria.

If parties agree on the divorce but not the ancillary issues they can explore mediation and to attempt a global settlement. If that fails, parties will have to proceed with contested Ancillary Hearing and a judge makes the Final Order. Your divorce lawyer will advise on the best course of action in accordance to your circumstances.

What if halfway through the Divorce my spouse packs up and leaves the country with the children?

·         If divorce papers have not been served on the spouse, an application has to be made by your divorce lawyer to serve the divorce papers through personal service or substituted service.

·         If divorce papers have been served and if Interim Judgment to be granted/or granted, then an application can be made to proceed with only the Divorce and to obtain Final Judgment on the Divorce. Ancillary issues to be dealt with at the country where the spouse and children are residing at since they have returned to that country.

What if I have been in Singapore for more than 3 years but married for less than 3 years, can I get a divorce? Your divorce lawyer can file an application in Court to seek the Court’s permission to file for divorce.

Importantly, seek advice from a Specialist Divorce Lawyer who is familiar with expat &cross border issues that may arise.

Know How to Choose Affordable Divorce Lawyer In Singapore

The most important decision in your divorce is choosing the right Singapore Divorce lawyer. An ideal family lawyer will let you participate in discussions about your case and guide you through the proceedings. 

There are many who offer cheap Legal Services but beware, choose with caution. You only receive what you pay for. You can’t expect more than you bargain for with an inexperienced lawyer. Remember that by doing your research and making inquiries, an experienced divorce lawyer can also be an Affordable Divorce Lawyer.

Keep in mind that with  experience comes a wealth of knowledge. 

 So, how do I choose? 

·      Do an internet profile search on the Lawyer.  

·      Call the firm to set up a 30 minute (FOC) consultation & assess the lawyer.  

·      Establish how many years practicing experience the Lawyer has in Family Law.

·   Understand charges involved at every stage of proceedings (Is it per hourly basis or a package option?)  

·     Communication  and trust with your prospective Lawyer is most important. Have an understanding of the different stages of the Divorce process. Make sure all your options are explored. A good Lawyer will go through this process before you engage them.  

·       And go with your gut feeling.