Divorce

What are the requirements to file for a divorce in Singapore?

To apply for a divorce in Singapore, one of the parties filing for divorce must fulfil the following, residing in Singapore for at least three years and having been married for a minimum of 3 years. If you haven’t been married for 3 years, special consideration is required.

Stage 1 – Filing for the writ of divorce by the plaintiff

If you meet the above requirements, the Singapore courts will deal with the termination of the marriage. The person who files for the divorce is referred to as the “plaintiff” and their spouse is referred to as “defendant”.

Valid reasons to apply for a Divorce

In Singapore law, a valid reason for the ground for divorce is the breakdown of marriage due to the following reasons:

  • Adultery
  • Separation of up to 3 years
  • Inappropriate behaviour

These reasons must be proven with evidence in Court and trial if the other party wishes to challenge the evidence. The trial will consist of witnesses and written affidavits etc. It is important to know that there will be no advantage gained by the plaintiff if they prove that the other party has wronged in the marriage.

What are the documents needed?

Certain documents need to be submitted to the court which can be done with the help of a lawyer

  • Filing for the writ of divorce
  • Statement of claim (must specify the reason you are relying on to ask the Court to grant you a divorce)
  • Statement of particulars (give details of the fact that you are relying on)
  • Proposed parenting plan (You and your spouse can come to a mutual agreement regarding your children)
  • Proposed Matrimonial Property Plan
  • Acknowledgement of Service
  • Memorandum of Appearance
If you need legal advice, it is better to engage a lawyer who can also help you to prepare the documents for the divorce.

Once the court has agreed to the basis of the divorce application, the divorce papers will be posted to the defendant’s address. If you do not have the address of your spouse, or there are difficulties finding for them you will have to file the papers by other modes depending on the court. The defendant must decide whether to contest the writ or the ancillary matters.

Uncontested divorces

If your spouse mutually agrees to the divorce, then this is referred to as “uncontested divorce”. Your next court date will be the uncontested divorce hearing date.

Stage 2 – Ancillary matters

The next stage is ancillary matters in which questions of maintenance, custody, division of assets and costs come into play. This process may be adjourned to be heard in the Chambers at a date to be fixed by the Registrar. Thereafter, the final judgement order.

Contested divorces

If your spouse does not agree to the terms and conditions of the divorce, they may proceed to contest the divorce which means both parties will have to go for trial. The date of hearing will be given depending on the family court’s calendar. This is when the evidence, witnesses, and ancillary matters will be discussed. Depending on the number of witnesses and the complexity of the case, the whole process may require from one day to
several days.

How long can divorce take?

3-12 months depending on whether it is contested or uncontested.

Islamic Law

The divorce procedure in Islamic law is different compared to a divorce from a Singapore-registered civil marriage. The Syariah Court in Singapore follows Muslim law for divorce applications under Muslim marriages.
Requirements to file for divorce under the Muslim Law
  • Singapore citizen
  • Residing in Singapore for at least three years
  • If you haven’t been married for three years, special consideration is required.
Filing for application of divorce under Muslim Law

To file for an application under Muslim Law, a married husband or wife must apply with
the Syariah Court. The following documents needed for application:

  • Marriage certificate
  • Both husband and wife identification cards
  • Children’s birth certificates
Counselling

The courts in Singapore are pro-marriage and do not just simply grant a divorce. It is mandatory in Singapore for both spouses to attend Marriage Counselling Programme before they can move forward with the divorce proceedings. The main aim of counselling is to find ways to salvage the marriage, however, if counselling cannot help, the Syariah Court will permit the party who wants a divorce to proceed with the application.

  • Marriage certificate
  • Both husband and wife identification cards
  • Children’s birth certificates
When the courts permit a divorce, several documents need to be prepared:
  • Case statement which will include maintenance-related matters
  • A completed case statement by the plaintiff (this document contains the amount of
    mutaah (maintenance-related) requested by the plaintiff.
  • A blank memorandum of defence (Defendant needs to complete this section)
  • A matrimonial property plan
  • Acknowledgement of Service for (To be completed by the defendant)
Parenting Programme

In some cases, when children are under 21, both parents are required to attend a parenting programme to help prepare both parents and their little ones for the transition, this programme will cover the topics on living arrangements and parent’s responsibilities.

Mediation

Both spouses may agree at this stage, on child custody, matrimonial assets and mutaah
(maintenance), the court will grant a divorce according to the agreed terms. However, if
both spouses do not agree on certain matters, the court will schedule a pre-trial
conference in which spouses will be further assisted.

Trial

The court will make its final decision at this stage considering both parties.

There are different types of divorce applications in Muslim Law:
Talak

The court will make its final decision at this stage considering both parties.

Khuluk

If the husband does not want a divorce, the wife may have to pay him compensation.

Taklik

A married woman is entitled to a divorce if the husband breached the contract of marriage. In the application for a divorce, the wife must show evidence that the husband has breached the Taklik.

Fasakh

If Taklik is not applicable then the married woman can apply for divorce for the reasons as follows:

  • Her husband neglected her
  • Her husband was sentenced to imprisonment of up to 3 years
  • Her husband is mentally unstable
  • Her husband is impotent

If the wife can show valid evidence, the court will proceed with the divorce.

Mutaah-related matters
The fee for Mutah

This may be the only time you can demand maintenance for yourself and your children. Mutaah is calculated based on the following:

  • Employment status of both parties
  • The accumulated CPF amount of both parties
  • The non-monetary contribution to the marriage
  • Their matrimonial home-value

For nafkah, the court will intervene to confirm that your husband can provide for your needs within his financial capabilities.

If your husband refuses to pay Mutah

If your husband declines to pay maintenance, ordered by the Syriah court, the court may decide on the following for your spouse:

  • Fine or imprisonment
  • Deduct maintenance directly from your husband’s employers
  • Financial counselling for your husband
  • Perform up to 40 hours of unpaid community service

Unfair Dismissal

What is considered unfair dismissal? Can I take legal action against the employer?

Dismissal is defined as a termination of a contract of service between an employer and an employee at the initiative of the employer, with or without notice, including salary-in-lieu of notice. It also includes involuntary resignation.

  • To claim that dismissal was wrongful, an employee must show evidence that it was not
    right then it can be disputed.
  • The discrimination against language, race and religion, marital status, disability
    and
    family responsibilities or the deprivation of benefit is wrongful.
  • The dismissal of an employee to punish him/her for exercising his or her employment
    right, e.g. filing a mediation request with TADM, or declining to work overtime is
    wrongful.
What should you do if you are dismissed by your employer?

If dismissed unfairly, have the dismissal in written format.

It is also best to keep a record of your communication with your employer, so you can consult a lawyer to advise you on your rights.

Contact us to know your legal rights.

Criminal Law

What are the types of offences that fall under Criminal Law?
  • Murder
  • Robbery
  • Vandalism
  • Theft
  • Drug trafficking
  • Fraud
  • Drug trafficking
  • Assault
  • Unlawful assembly
  • Driving offences
  • Commerical crimes
How will a criminal lawyer help you?

In Singapore, to be found guilty of a crime takes several elements such as the evidence involved, to prosecute someone as guilty.

A lawyer is there to protect you and negotiate with the prosecutor. Your lawyer can help to reduce your charges, drop the charges or guide you on the investigations. Getting a lawyer will help you to know your rights.

How much are the fees to engage a criminal lawyer?

Everyone deserves the right to a good lawyer, especially when faced with a criminal
offence. Every case is different, so the fees depend on the case’s complexity; the time
and paperwork invested by the lawyer.

What is the difference between murder and manslaughter?

In Singapore, the act of killing someone is murder or culpable homicide. Murder is
killing someone with intention; manslaughter is unintentional without malice. An act
that does not fall under murder or culpable homicide referred to as a negligent act.

A person is charged with murder for the following reasons:

  • murdering with intention
  • or causes bodily injury that leads to death can get life imprisonment, a death
    sentence and caning.
  • Done to cause bodily injury that later results in death
  • The act is imminently dangerous in that it will result in death

A person charged with attempted murder has hurt someone intentionally with hurt results
or no hurt result. The offender may be imprisoned for up to 15 years for both.

A person who commits manslaughter is referred to as such when he/she has not
intentionally committed the murder. It is manslaughter when the accused was deprived of
self-control in a grave situation or when the person is provoked by the victim. Culpable
homicide can get up to 20 years imprisonment and either fine or caning.

Can a lawyer reduce a murder charge?

Yes, a lawyer can reduce the charge of murder to culpable homicide if it cannot be proven
that his/her acts fall within the 4 situations for murder mentioned above. Or if
exceptions to murder are made out in the accused’s defence.

What are acts causing death that does not lead to murder or culpable homicide?

When one rashly kills someone knowing the consequence beforehand, a driver does not
check for ongoing vehicles and this led to colliding with driver B, causing driver B’s
dead. The driver can be charged for up to 5 years or a fine.

If driver A skipped checking for oncoming vehicles that caused him/her to collide with
driver B causing driver B’s death, this is a negligent act. Driver A may get up to 2
years of imprisonment or a fine.

Notary Public

Who is a notary public?

A notary public is appointed by the Singapore Academy of Law to administer oaths and
affirmations. Take affidavits and statutory declarations. Take acknowledgements of deeds
and other conveyances. Protest notes and bills of exchange.

What can an appointed notary public do for you?

The appointed person has the expertise and credibility in attesting, verifying,
witnessing, authenticating and certifying documents for use in foreign countries.

Notarising is needed when foreign companies request documents executed in Singapore as
they might not be familiar with the document. If you need to verify true copies of
marriage, birth certificates and other documents you will need a notary public.

How to find out a notary public is truly appointed by the Singapore Academy of Law?

A notary public must be a qualified lawyer with more than 15 years of experience. You may wish to visit this
Link (SAL).

Contact us for more information.

Wills

If you are a spouse, parent or grandparent and worried about what will happen to your assets after you are gone, you should write a will to distribute your wealth to your loved ones. To create a Will you must meet the following requirements, you have to be above 21 years old, you must sign the will at the footer of the will, your signature in the will must be witnessed by two or more, who must also sign and confirm that they were witnesses who were present. The two witnesses cannot be the nominees of the will.

What must a will include:

  • A list of all your wealth and debts
  • The nominees who are granted your assets when you are deceased
  • A revocation clause to revoke previous wills

It is best to engage a wills lawyer if your requirements for the distribution of wealth is complex.