Divorce is an emotional and difficult process for everyone, especially if it involves children. Salem Ibrahim has years of experience and a long-standing track record for successfully handling high-net-worth divorce disputes. Rest assured, the team led by Salem Ibrahim will assist you with resolving your legal issues. Search more for “divorce lawyer near me”.
- Divorce
- Legal Separation
- Maintenance
- Custody
- Adoption
CUSTODY FIGHTS – Know This!!
No matter which side you are one, the best interest of a child stands paramount. Parents battling for custody and/or access want to win. However, it is imperative to know that access is the right of the child. The child needs and wants both parents.
The current focus of the Family Court of Singapore is “Therapeutic Justice” (“TJ”). In short, fight less and more amicability.
This is so important that lawyers are now bound by the rules of professional conduct. Section 15A of the Legal Profession (Professional Conduct Rules 2015) Act enjoins lawyer on the desirability to reduce conflict, be constructive and conciliatory. Lawyers can face with disciplinary proceedings if they transgress this rule.
Your lawyer is also bound by this rule of professional conduct to inform and explain to you the available avenues for amicable dispute resolution. Your family lawyer in Singapore must help you to make an informed decision on dispute resolution.
Any decision the court makes on custody and access is to serve the best interest of the child and not to suit the whims of parents.
No system is perfect, and TJ too is not perfect. There may the type of case that cannot be resolved amicably. Properly presented, these exceptions will be entertained by the courts, if they are true exceptions. These types of cases cannot be resolved by affidavits. Exceptionally, cross examination in a limited and controlled form may be permitted if it is in the interest of the children.
The case is reported as Teo Geok Fong (m w) v Lim Eng Hock [1999] SGHC 209.
Mr Salem Ibrahimhas 37-year track record in hotly contested custody and access disputes. Most are guided and driven to resolve amicably. Several involved heavy cross examinationsunder the exceptional rule. Reporting restrictions on family cases do not permit citing of cases.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
A Hotly Contested Custody Case
However, there is one hotly contested case (pre-reporting restrictions) is the case where Mr Salem Ibrahim acted for Venus Lim against her then husband, Peter Lim (the now billionaire). The case involved cross examination of Peter Lim and child psychiatrists in open court at the High Court. Venus Lim succeeded in getting custody of their children Kim Lim and Wee Kiat. There was access to the father. Both children have bloomed with successful careers. Congratulations to them and their parent.
Mr Salem Ibrahim continued to act for Venus Lim for division of matrimonial assets to its conclusion. Venus Lim is blooming today.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Alleged “Ancestral Home” Trust to Reduce Matrimonial Assets Rejected by High Court
We acted as lead counsel for the wife in a novel and complex matrimonial case where the husband sought to significantly dilute the pool of matrimonial assets by claiming that a property was held under an “Ancestral Home” trust arrangement, benefiting members of his extended family.
The team at Salem Ibrahim LLC challenged the husband’s assertion and successfully argued that no such trust existed. The High Court agreed and ruled in the wife’s favour, holding that the property formed part of the matrimonial assets.
This case is reported inOei Su-Lynn v Koon Boon Kin & Others𝘖– HC/S 1069/2020 (judgment delivered on 16 March 2021).
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Property Trust Found to be Genuine Despite Allegations of ABSD Evasion
We were instructed as counsel arising from a matrimonial dispute where the husband sought to include a trust-held property as part of the matrimonial assets, alleging that the trust was a sham created to evade Additional Buyer’s Stamp Duty (ABSD). He did this to enlarge the matrimonial assets and give him a bigger share in division.
Through robust cross-examination by Mr Salem Ibrahim, the Court was persuaded that the Trust Deed was genuine, not a vehicle for ABSD avoidance. The claim that the trust was a sham was rejected, and the challenging trustee was removed.
This case is reported inSiraj Ansari bin Mohamed Shariff v Juliana bte Bahadin & Anor[2022] SGHC 186.
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Case Note: Jamie Chua Obtains $92 Million Mareva Injunction in High Profile Matrimonial Dispute
We acted as lead counsel for celebrity Jamie Chua in a high-profile and hotly contested matrimonial dispute.
The case involved a worldwide Mareva injunction (freezing order) over assets valued at approximately S$92 millionand drew significant media attention throughout the proceedings.
The team, led by Mr Salem Ibrahim, successfully represented Ms Chua in securing and maintaining the injunction.
This case is reported inChua Xin Yin v NurdianCuaca [2010] SGDC 540.
Mr Salem Ibrahim and his matrimonial team have been doing high profile family law cases involving division of assets, maintenance and custody issues upwards of 30 years. He has many reported cases in the public domain.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.
Childless divorces- What happens to your property?
By Lee Wan Sim
In this uncertain and chaotic world, it is understandable that some couples decide to get married but not to have children. These married couples would prefer to focus on their personal time, their careers and hobbies, amongst other reasons.
So, what happens when such relationships break down and the parties are looking at a divorce?
The good news is that you need not worry about co-parenting with someone who you no longer see eye-to-eye with.
However, a divorce with a childless couple comes with its own significant challenges.
Division of matrimonial assets
In Singapore, under s 112 of the Women’s Charter 1961, the Court is empowered to divide the assets between the parties in such proportions as the Court thinks just and equitable. The non-exhaustive factors the Court considers in the division include the following:-
- The respective party’s contributions in money, property or work towards acquiring, improving or maintaining the matrimonial assets;
- The extent of the contributions made by each party to the welfare of the family, including looking after the home or caring for the family or any aged or infirm relative or dependant of either party;
- Any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce; and
- The giving of assistance or support by one party to the other party (whether or not of a material kind), including the giving of assistance or support which aids the other party in the carrying on of his or her occupation or business;
- Etc.
In the seminal case previously decided by the Court of Appeal (ANJ v ANK [2015] 4 SLR 1043), the Court decided that a structured approach should be applied by first ascribing ratios to the parties’ direct and indirect contribution respectively. The Court then derives each party’s average percentage contribution to the family which would form the basis to divide the matrimonial assets. Further adjustments to take into account factors such as adverse inference and rent-free occupation may need to be made to the parties’ average percentage contributions.
What this means in layman terms is that firstly, all of your and your spouse’s assets and liabilities will be valued and totaled. The respective net values of your and your spouse’s assets will be made into a ratio representing how much each of you had contributed to the total pool of matrimonial assets. For example, this may be a ratio of 45: 55 in favour of the wife.
Secondly, the Court will consider your indirect contributions to the marriage and ascribe a ratio to this. This means considering, relative to your spouse, how much of the household expenses did you bear, how much housework you did in your home together, whether you helped your spouse and his/her family in any intangible ways, etc. For example, this may be a ratio of 45: 55 in favour of the husband.
Finally, the Court will average the 2 ratios and come up with the average ratio for division. Using the example above:
| Husband | Wife | |
| Direct contributions | 45 | 55 |
| Indirect contributions | 55 | 45 |
| Average ratio | 50 | 50 |
This means that out of the total pool of matrimonial assets, each spouse should receive half after the divorce.
A simplified example in monetary terms is as follows:
| Husband | Wife | |
| Assets in his/her sole name | $300,000 | $200,000 |
| Value of joint property | $500,000 | |
| Total value of matrimonial assets | $1,000,000 | |
| Ratio for division | 50 | 50 |
| Each party’s share of the pool of matrimonial assets after division | $500,000 | $500,000 |
| Share that each party should receive from the joint property | $200,000 | $300,000 |
We at Salem Ibrahim LLC stand ready to advise and help you to take this step forward with employing the appropriate steps to pursue your interest, whether as a minority shareholder, or on behalf of the company.
Lee Wan Sim is a Senior Associate at Salem Ibrahim LLC.
If you say you want a divorce lawyer near me, we are your family lawyer in Singapore.