Family law of Singapore

The Family law of Singapore deals with several family legal issues in Singapore. It deals with adoptions, divorce, children's issues, division of matrimony property, personal protection orders and maintenance. The family court in Singapore oversees these legal issues.

Singapore has two separate and different sets of family law: one for Muslims and the other for everyone else. Family law for Muslims is codified in the Administration of Muslim Law Act. Family law for non-Muslims is codified in the Women's Charter.

Divorce

Before a divorce can be granted or considered, the grounds for divorce have to be established first. It could be adultery, desertion and unreasonable behaviour. This is in accordance with Singapore's laws.

In addition, one party to the marriage has to be domiciled in Singapore or has been staying there for 3 years before one can file for a divorce in Singapore. This applies to both Singapore citizens or foreigners.

To apply for a divorce, one has to file a writ for divorce, statement of particulars and statement of claim. The reasons for divorce are established in the statement of claim.

It is possible to proceed with the divorce proceedings in Singapore without engaging a divorce lawyer. However, the Family Court is not in the position to offer one any advice in this case.

Once divorce commence, any forms of disputes raised by the defendant will result in the case being referred to a marriage counsellor. If counselling fails, the involved parties will have to file affidavits of evidence and the judge will then determine if the case will proceed as contested or uncontested divorce.

At this point, the judge will pass an interim judgement with a 3 months waiting period. This is to give the involved parties one last chance of reconciliation. When that does not happen, the ancillary process will start.

Finally, when the judge deems that the marriage has broken down irretrievably, he will grant the divorce. Only after 3 months from the final decision, then both parties are free to remarry.[1]

References

  1. ↑ Divorce Procedures in Singapore. Singapore Divorce Lawyer. Retrieved 21 September 2014.
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