Impact of Pre-nuptial Agreements on Divorce Proceedings

Whilst getting an International divorce or perhaps before entering an international marriage, one may be interested to find out how significantly prenuptial agreements can weigh in on an International divorce case.

In Singapore, the law does not officially recognise prenuptial agreements but does accord significance to pre-nuptial agreements governed by foreign laws and entered into by foreign nationals.

Generally, financial aspects of the pre-nuptial agreement might be afforded decisive weight but such agreements on division of matrimonial assets are not mechanically enforceable. The agreement will still be subjected to judicial scrutiny and the Women’s Charter (section 112) requires for the court to order the division of matrimonial assets “in such proportions as the court thinks just and equitable”.

On the other hand, it can be expected that in matters of child custody or care and control, the pre-nuptial agreements will be highly unlikely to be enforceable unless the court deems that the agreement is in the best interest of the child/children.

Furthermore, it must be noted that the according of significant weight to such agreements is only on the condition that there has not been fraud or other indications of unconscionability. In such scenarios, the court may disregard the agreement completely.

On the whole, the more closely the prenuptial agreement is in consonance with the legislative policy of Singapore, the more likely it is that it will be enforceable. As such, a well-drafted pre-nuptial agreement by an experienced international divorce lawyer (who is able to reach an appropriate intermediate between abiding by relevant legal principals and addressing your concerns) can definitely reduce the hassle of international divorce proceedings in the event of divorce.

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Role Of Divorce Lawyer In Cases Of Child Custody Or Spousal Maintenance In Singapore

Are you are living in Singapore and striving hard to save your marriage, then here are various factors that you have to consider before filing for the marriage termination in court. The International divorce law plays a vital role when you decide for the Child Custody, spousal maintenance, and relocation to another country. Before you file the case, you should take the help of Singapore Divorce lawyer to consult various related issues.

When a divorce is filed, some sort of alumni is also decided based on the living standard, financial position, assets that contributed to marriage and much more. Thus, the family court always considers Spousal Maintenance in Singapore when a divorce is filed by the expat. The decision of alumni for a spouse is based on the situation, however in most of the case no asset division or alumni are allotted to the spouse if the financial position is decent after divorce. A lawyer well explains the grounds of demanding for the alumni amount from the court.

For cross-border divorces, the Child Custody is also a major problem. In such situation, the parent has to take the legal permission from the court to take the child to another country after divorce. If one of the parents takes the child to another country without court permission, then the other parent could file the case of Child Abduction and go for a legal procedure to get back the child. Hence, the role of a lawyer cannot be ignored if you are an expat and wish to file for divorce in Singapore.

Get The Child Custody By Hiring The Top Niche Lawyer In Singapore

Once you have decided to end up a relationship, then there is a biggest challenge waiting for you is to take the divorce. Earlier it was pretty difficult to get justice and divorce a person in Singapore because of the lengthy procedure as well as the scarcity of the good Singapore divorce lawyer. Now the scenario has entirely changed as there are international divorce attorney dealing with all types of cases online.

Child custody is one of the highest traumatic situations in a divorce case, which is executed with care. A single wrong decision of the judge may bring depression and loneliness in the eyes of the child. The parent who is capable enough, who can give the proper lifestyle including the love he or she wants, is given the judicial custody of the child for the lifetime.

Even spousal maintenance in Singapore was a challenge to accomplish, but as of now, there are no long months to wait for. You can easily file the application in the court for the spousal maintenance through the hired Singapore divorce lawyer. There are several cases like child abduction and assets division which are considered deeply by the expat lawyers in Singapore.

Those who are in need to acquire the child custody and not able to find the suitable lawyer in town must take a visit to the online law services of the expat law firm today. They will not only file your case application, also try to save your pocket by reducing the court sessions after channelizing their law skills.

International Divorce in Singapore

The family unit has become increasingly diverse and international. It is not uncommon for married to come from two different countries. They may also have property or business interests in other countries or even reside in multiple jurisdictions.

Expat divorces in Singapore, involving international issues are oDivocre Lawyrerften more complex, for this reason they require advise from experienced divorce lawyers in international divorces.

Expat divorces are becoming more common in Singapore, and there few lawyers with the necessary experience in the international aspects of family law. At Gloria James-Civetta & Co, our expat divorce clients can count on one of Singapore`s biggest matrimonial law teams, ready and able to dedicate considerable resources to ensuring you get through the divorce process in Singapore as quickly and smoothly as possible whilst explaining your options so you can choose which one best protects your interests and those of your loved ones.

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Divorces with Complex Financial Matters

Assistance with International Family Law

Our international divorce and family lawyers advise and assist clients in Singapore and overseas who have cases involving international issues, including divorce, property division, and child custody.

International Child Custody

Child custody is probably the biggest concern amongst divorcing expat couples, especially in cases where the removal of children of the marriage is a strong possibility. Singapore is a signatory to the Hague Convention on Child Abduction, an international treaty that provides for cooperation between participating nations.

Singapore Expat Divorce Lawyers ready to Assist You

At Gloria James-Civetta & Co, we are at the forefront of international family law, and are able to effectively assist clients from choosing the best forum for filing, to enforcing foreign child support orders, to litigating issues regarding international treaties. If your divorce or family law case involves international issues, we invite you to contact our Singapore divorce lawyers for a free consultation.

 

Singapore Expat Divorce Lawyers – International Divorce

Relocating overseas for work or to start a new relationship – can be daunting. There is always an element of the unknown which comes with a different way of life and culture, leaving family & friends behind and the daunting task of relocation arrangements which need to be put in place.

This can put a strain in couples if they fail to cope with the above adjustments. In some cases the relationship will break down altogether, and the ramifications in terms of separation and divorce can be complex in an international divorce proceeding.

Issues will include the arrangements for children of the marriage, the financial settlement you should expect to receive upon divorce and which country you should initiate divorce proceedings and possible child abduction issues.

Pre-nuptial and post-nuptial agreements
Considered an unromantic approach by some, pre-nuptial and post-nuptial agreements are designed to allow couples to determine how they wish to have their financial affairs with in the event of a relationship breakdown, leading to an international divorce. Such agreements are recognizable in Singapore.

Jurisdictional issues for Singapore Expat Divorces
Expat divorce eligibility
 Can you divorce in Singapore? Yes. Provided you satisfy the following requirements:-

(a)  Married for more than three years

(b)  Habitually resident in Singapore for more than 3 years

(c)  Have a Ground for Divorce (fault or no-fault basis)

What makes Singapore a better Jurisdiction for an Expat Divorce?
In Singapore, you pay for one set of legal costs as it is a fused legal system and not two sets (Barrister & Solicitor), as in United Kingdom (UK), or elsewhere.

How long is the procedure for an Expat divorce in Singapore?
A Singapore Divorce normally takes about 5 to 6 months (ie 2 to 3 months to Interim Judgment and 3 months to Final Judgment.) The latter is a mandatory period to wait. However, this can be abridged to 1 week if there are compelling reasons for the immediate closure and need to obtain Final Judgment soonest possible. To proceed with this, an application has to be made at the time of the divorce hearing and the party asking for it, has to be present for the divorce hearing. Your Singapore divorce lawyer should ease you through the process.

You should contact an experienced international Divorce Lawyer to help you check your position before discussing which way to move forward in your case.

Singapore Expat Divorce: Getting divorced in Singapore

There are 2 types of divorces in Singapore, Contested Divorces which can be very costly and Uncontested Divorces which are much cheaper. You should speak to a Singapore divorce lawyerwith experience in Expat divorces with regards to your divorce in Singapore.

Uncontested Divorce

An uncontested divorce is preferred because it is swift and straightforward. For this divorce, parties may need to have a ground to sever their marriage unless they have been separated for 3 years with consent from their spouse or 4 years without consent. Couples will be required to agree on all ancillary issues and will usually have no need to be present in court.

See more detailed information on Uncontested Divorce in Singapore

Contested Divorce

Contested divorce will require court attendance. One party to the marriage is given recourse to go to the courts to end his/her marriage if any of the grounds provided under Singapore Law are met. Areas on to have this divorce is if there are disagreements on the grounds for divorce, child custody, marital property distribution and assets which the parties cannot settle by themselves, therefore the court’s intervention is necessary to put an end to the marriage and the accompanying issues.

Divorce is available to couples who have not registered their marriage in Singapore but have been residing or working in Singapore for a period of 3 years. For expats who do not meet this criteria, they may wish to enter into a marital agreement to settle their marital issues upon divorce.

What else can You Do if your partner does not live in Singapore?

Expats are able to serve divorce papers on their partners living overseas. Alternatively, if your partner cannot be located, an application can be made for the dispensation of service.

An experienced expat divorce lawyer will be able to make such applications on your behalf.

Do you require assistance? Our international divorce lawyers are ready to assist you with a free 30 minute preliminary discussion on your matter

You should contact an experienced international Divorce Lawyer to help you check your position before discussing which way to move forward in your case.