Expat Divorce in Singapore

In our increasingly globalized world, it is common for a couple who got married overseas to want to settle down for either the short or long haul in another country. Unfortunately, a couple in a foreign land is not immune to the stresses of marriage and may in fact face greater strain as they find themselves miles away from their family and loved ones. As a result, there has been an uptick of foreigners who wish to file for a divorce in Singapore – if you are one of those individuals, here are some points you should consider.

Does the Singapore Court have jurisdiction?
In order to successfully file for a divorce in Singapore, the Singapore courts first need to have jurisdiction to hear your case.

According to Section 93 of the Women’s Charter (Cap 353), the Singapore courts will have jurisdiction if either you or your spouse are

• domiciled in Singapore at the time of the commencement of the proceedings; or
• habitually resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.

Singapore citizens are presumed to have been domiciled in Singapore, unless proven otherwise, and the period of 3 years under limb (b) will not be affected if the person has travelled briefly within the time frame in question.

Aside from the above requirements, the couple must have been married for at least 3 years before divorce proceedings can be commenced in Singapore.

What if I do not satisfy the 3 years requirement as a habitual resident?
If the requirement is not satisfied, you can file for a divorce only if you are able to prove that you have the intention to be domiciled in Singapore. In other words, you must show you want to make Singapore your permanent home and have no contingency plans of moving back to your home country. Acts such as being a Singapore Permanent Resident and/or applying for Singapore Citizenship go towards proving such an intention.

What if my spouse wants to file for a divorce overseas, but I want to file for a divorce in Singapore?
In such a case, you can apply for a stay of proceedings in the other country. Thereafter, you can file for a divorce in Singapore. However, it is important to note that it is likely your spouse will file for a stay of proceedings in Singapore and you will then have to defend this application.

In deciding if a stay should be granted, the Court will assess whether Singapore is the more appropriate forum to hear the divorce. This is determined through connecting factors such as residency and domicile of the parties, convenience of hearing the matter in Singapore, etc.

What will my immigration status be after the divorce?
If you are an Employment Pass holder, your immigration status remains unchanged. However, if you are on a Dependent’s Pass, your ability to stay in Singapore is dependent on your status as a spouse and you will have to leave Singapore within 14 days after the divorce is granted.

If you are a holder of a Dependent’s Pass and wish to continue residing in Singapore, you may source for a job locally and obtain an Employment Pass in your own name.

Conclusion
At the end of the day, divorce proceedings are often highly stressful periods for an individual and it is recommended that sound legal advice from a Singapore divorce lawyer is attained in this process.

Family Law Mediation Saves Time and Money

For all, a divorce can be the cause of anxiety and many stressful times. Marriages may be challenging, but a divorce is even more traumatic, especially when spouses go for litigation. Fortunately, many couples now choose family law mediation first to discuss and settle issues regarding their separation. Most often, couples will prefer mediation because they consider it is less expensive than contesting divorce in Singapore. It is correct; however they don’t realize that mediation can save more than just money.

Singapore divorce lawyers can act as mediator to help couples come to an amiable settlement. He/she can help couples reduce that stress level because the entire process aims to reduce conflict while working on coming up with a fair settlement that is favourable to both parties. By acting as a coordinator, the divorce lawyer or the mediator guide couples through the negotiation process, such as property division, child support and custody, children relocation and spousal support. The role of the legal representative comes to play as he/she helps maintain peace while guiding couples towards mutual understanding that is acceptable to both parties.

Family law mediation can be secure in other ways as well. The process can reduce the lengthy paperwork and the time of case proceedings. A litigation case can last for months, or even year, especially if court hearings are required. On the other hand, mediation case can last for just a few sessions. Of course, a shorter procedure reduces cost, which can, at the end, reduce overall financial stress for both parties.

Singapore Divorce Lawyer Helps you to Make Right Decision

On the day you got married, you never wanted to imagine that one day you would end up your marriage considering a divorce. We all want a marriage that is perfect and lasts forever, but it isn’t always possible.

For an expat seeking for divorce in Singapore, they need to understand the law of Singapore if they are staying in that country for a long time. If you have finally decided for marital termination, then take the help of Singapore divorce lawyer and they will assist you in the right way. However, before you finally go for contesting divorce, it is feasible to take the help of family law mediation. They are experienced professionals who understand the understand about collaborative divorce Singapore and your present situation. Thus, they will help to fix the issues in an amiable way.

The main intension of these family law experts is to save your marriage by resolving the main concern of disputes or by proper counselling. Despite their strong effort, most of the time is becomes hard to save their marriages. In that case, seeking the help of Singapore divorce lawyer can be the best option. Taking the help of professional divorce attorney can support your divorce proceedings.

When you are in different country, several questions come into your mind regarding the property settlement, child custody, and other related matters. Thus, divorce is always associated with mental, physical and emotional stress and this is why no one is ready to face it. The separation ruins the life of couples and they suffer a lot. A suitable divorce lawyer is one who can take you out of all these mess very easily.

Foreign Divorces that Lacked Capacity

In certain cases, a court of another jurisdiction grant may grant divorce, but the parties may lack capacity to be divorced. This could be the case where the marriage was void, possibly because one party was already married at that time. However, the Singapore court, if unaware of the divorce overseas, may grant a Decree Nisi in respect of the divorce. It must then be decided whether the overseas divorce will be recognised in Singapore such that the Decree Nisi by the Singapore court would be set aside or rescinded.

In Yap Chai Ling v Hou Wa Yi [2016] 1 SLR 660, the court made two main observations in relation to this factual scenario.

First, it identified that s 7(b) of the Women’s Charter provides that a marriage can be dissolved by an order of a court of competent jurisdiction, including foreign courts. However, this foreign divorce judgment will only have effect in Singapore if the Singapore courts recognise it in accordance with the rules of private international law.

Second, once the foreign court is found to be competent, the principle of international comity would usually compel Singapore courts to recognise the expat divorce judgment. This would be the case unless the enforcement is manifestly contrary to public policy or substantial justice.

In the case, the court held that the Shanghai divorce judgment would not be recognised in Singapore, as to do so would in effect be acknowledging that a bigamous marriage may be regularised. Further, in Noor Azizan bte Colony (alias Noor Azizan bte Mohamed Noor) v Tan Lip Chin (alias Izak Tan) [2006] 3 SLR(R) 707, the court also held that in Singapore, there cannot be multiple subsisting marriage relationships that exist in parallel and be dissolved separately, as the marriage effects a permanent change in the legal status of the parties.

Therefore, foreign marriages that are void from the start cannot be recognised by the Singapore court.

Various Issues of Concern In Case of Divorce

The most crucial issue that comes into concern after the foreigner divorce in Singapore is the matter of child custody.

The divorce lawyer take the matter to the court and the guardianship is awarded to one of the parent to take care of the child. The responsibility is awarded based on the best interests of the child.

However some parent do not want to go through the long process of the court. They seek the help of family law mediator to avoid abrasive procedure of taking decision about such a delicate matter.

Once the custody is awarded, the problem of child abduction disturbs the peace of the primary parent. The parent who failed to get the custody on his/her favour might plan for child abduction.

Do not panic and seek the help of a family law mediation to safeguard your child.

Another dispute that may arise in foreigner divorce in Singapore is child relocation when one parent, generally the parent to whom the child custody is awarded, decides to move to some other place. Child relocation is refused by the other parent who is left behind as he or she do not give their consent to such a step taken by the spouse. In such a case the primary parent can with the help of divorce lawyer, approach the High Court for an order dispensing with the other parent’s consent. The court do not immediately decides, rather it considers various facts and case law before they can grant an order allowing relocation.

How Singapore Divorce Lawyer are More Helpful

If you are in Singapore and seeking for a divorce, then you should have good knowledge of the laws and rules regarding spousal maintenance in Singapore. This is the alimony that a souse can demand from the partner during marriage termination. The financial disputes, maintenance and child custody are all handled by the Singapore divorce lawyer in a professional manner.

According to Singapore divorce lawyer, filing a case can be easier, but winning it at all conditions may seem to be quite difficult. Thus, divorce lawyers try to create a calming situation by utilizing the mutual law policy. Here, couples are suggested to take the help of the attorneys so that they can settle down peacefully, could attain proper counselling and agree both on a neutral platform for division of property and the child custody.

In cross-border divorce cases, the child relocation has been a major issue in most of the cases, as both the party file for the custody of their children. The court has to keep in mind various factors before making the final judgement. The lawyers prepare their cases accordingly and present various evidences and arguments in support of their clients. Most of the time it has been observed that child are abducted by their parent without the permission of the court. This act comes under child abduction, and the other parent can file a case against this action. Thus, for a proper way of divorce procedure, proper formalities have to be followed that is supported by the Singapore divorce lawyer.

Reducing the Challenges of Spousal Maintenance and Child Custody

Divorce is challenging and very stressful, but when children are added to the proceedings, it is even more complicated to work. One common question when couples are separating is how court will decide about their kids. Each state has its own set of laws which will influence decisions regarding child custody. In most states the judge is the head who will make a decision that is in child’s best interest. Parents can come to an agreement before going to the court through mutual settlement. If both the parties cannot agree, then the judge will use factors like who will be the caretaker of the child until filing for divorce. Coming to a mutual settlement is much easier option.

In some cases, parents stealing children is not uncommon. Surprisingly child abduction takes place during a scheduled visitation after which the child is kidnapped by parent and is not returned. Child relocation is extremely devastating on children who were taken away from their entire world of familiarity. Having an experienced divorce lawyer through the process can help to settle things properly and get a quick and fair resolution.

Spousal maintenance is another common problem in obtaining a divorce. Generally people have little or no knowledge about how spousal support is calculated until they are at the verge of separation. Spousal maintenance in Singapore is designed in a way to help both spouses maintain a normal lifestyle as similar to what they had before the separation. The right family law attorney will help make sure you get the best result possible.