Why Trusted Divorce Lawyer Singapore?
Getting a divorce can be difficult, can be confusing and can be a lengthy and expensive process. These things are compounded if there are children involved, or there are a lot of other properties and assets which need to be divided. It is important to find a lawyer who will discuss your case with you. We at Trusted Lawyer Singapore are specialists in all aspects of family law. We help to drastically reduce the costs involved as well as reduce the amount of time it takes to complete the process.
The divorce process is a minefield, but with proper advice and guidance, you will get a settlement that you are entitled to. The key ingredient is to find a divorce lawyer in Singapore who understands not only the law, but your situation. That way, you can be sure that we at Trusted Lawyer Singapore will understand what you desire.
The reality of a divorce is complex, because it is rarely a case of a marriage simply ending. Your divorce lawyer Singapore should be skilled in all the other legalities surrounding divorce, such as dividing assets, custody of children, maintenance payments, postnuptial agreements. These are all different issues which relate to annulment, separation and divorce.
Grounds for Divorce
In order to proceed with a divorce in Singapore, you must provide proof that the marriage has irretrievably broken down. There are a certain number of situations that demonstrate this.
- Adultery: A court will say your marriage has broken down if you or your spouse has committed adultery and the other partner cannot continue the relationship.
- Desertion: If one partner has left their spouse for 2 years and has no intention of returning.
- Living Apart: If you have been living apart for 3 years, the person who requests the divorce must get the permission of the other to proceed with the process. If you have been living apart for 4 years, you do not need this consent.
- Unreasonable behavior: If one party has behaved in a way that is so unreasonable that the other party could not be expected to continue the relationship.
Once the(se) ground(s) have been established, the divorce will take place in one or two stages. This will depend on whether the divorce is Contested or Uncontested.
Trusted Lawyer Singapore would hope that your divorce is uncontested, because it means your divorce takes less time, and results in less stress and fewer fees for you.
The Court will decide whether the marriage should be dissolved. If the Court believes that the marriage should be terminated then an Interim Judgement will be issued to both parties.
An uncontested divorce is when there are no disagreements between the parties. This includes matters relating to the divorce itself and other matters such as financial or custodial matters. Your Trusted Lawyer Singapore will know what ancillary matters you may have, and will discuss them with you.
If the divorce is uncontested, everything is dealt with at the same time, including division of assets. As such, the process is streamlined and once the issues are dealt with, the court order will be drafted. This court order sets out the agreement made between both parties.
Once the order has been approved by the Family Court it is legally binding. The process of approval takes roughly 4 weeks.
If your divorce is contested, it will take place in two stages. The first stage deals with the dissolution of the marriage, and the second stage deals with other matters related to the divorce.
These matters include the division of matrimonial assets such as the marital home, custody of any children and any maintenance payments which should be paid. Maintenance payments could include both spousal and child maintenance, or one.
Your lawyer will go through the different steps for each part of the settlement and draft the legal papers for each part. This can often include a parenting plan and a matrimonial property plan.
A Parenting Plan is only applicable if the children are under 21 years of age. It is a plan that outlines the care arrangement for the children following the finalization of the divorce. It can include visitation rights, custody and/or maintenance payments.
The Agreed Parenting Plan will only be filed if both parties agree on the particulars relating to care arrangements for the children.
A Matrimonial Property Plan will outline how the matrimonial property will be divided between both parties. This applies if there is a Housing and Development Board flat is an asset to be divided.
The Agreed Matrimonial Property Plan is then filed when both parties have reached an agreement about what happens to the flat after the divorce.
At the end of the second stage, both parties will be given the Final Judgement. In the case of a contested divorce, the process takes much longer. It could be between 6 and 12 months before your divorce is finalized.
Whether your divorce is contested or uncontested, you must still show that you qualify for divorce due to your marriage having broken down irreparably.
The fees incurred during your divorce will depend on the particulars of the divorce, whether it is contested or uncontested and the number of ancillary matters related to the divorce.
Our specialist lawyers are fully trained and certified to provide legal counsel for family law in Singapore.
Get in touch with Trusted Lawyer Singapore today for a free consultation.