In Singapore, divorce is a 2-stage process. To initiate divorce in Singapore couple has to fulfil certain criteria. Here in this article we will discuss about those criteria and process of divorce.
A couple must:
- A citizen of Singapore
- Be married for a minimum of three years.
- The marriage should be irretrievably broken. (Ground for Divorce)
- Unreasonable behaviour
The couple opting for divorce must give consent for an agreement relating to divorce. To get a divorce systematically, the couple should contact a family lawyer to get the best suggestion. This agreement must include the partition of assets as well as spouse maintenance and child custody. This divorce process is known as an uncontested divorce.
If the uncontested divorce process is not working between the spouses, they can opt for a contested divorce, however, in this case, the process stretch longer due to disagreements on various matters and also involve excessive workload and distant court dates. In short, contested divorce is tedious.
Consulting an experienced lawyer can be a great to help to resolve unsettled issues and resolved the amicably. Uncontested divorce is best way to separate as it not only save time but also money.
There are five divorce models in Singapore, and these are:
- uncontested consent divorce
- collaborative divorce
- private mediation
- 4-way negotiations with lawyers
- court litigation procedure.
After making an in-depth analysis of the circumstances which lead to divorce, your divorce lawyer can suggest the best possible way to get out of the bad marriage.
The 2-stage process – 1st is the dissolution of marriage, and 2nd is ancillary matters. Be it a contested divorce or uncontested divorce these 2-stages are common. Still, if you have any confusion, then you can ask your lawyer to explain the process with clarity. It will help you to know what you are doing and how it will work.
Dissolution of marriage
The dissolution of marriage is the first stage where the couple should confirm that the marriage has irretrievably broken. In Singapore, before initiating the divorce proceeding, divorce lawyers working in favor of the plaintiff will send the necessary queries to HDB as well as to CPF Board. The lawyers will arrange the following documents like
- Writ petition for divorce and statement of claim
- Statement of particulars mentioning the breakdown of the marriage
- In case of a consent divorce, the proposed plan for child custody after consulting with the family lawyer needs to be presented.
- A proposed plan for the partition of the matrimonial property is to be made and executed if that is an HDB flat needs.
- An agreement between the couple needs to be executed. They need to decide on what to be done with the HDB flat after divorce.
If the defendant wants to contest the case, they can contact the Singapore divorce lawyer, and action needs to be taken within eight days of serving the divorce papers. To contest in a divorce case, lots of papers need to be arranged and prepared accordingly. Here only professional divorce lawyers can help the plaintiff or the defendants to continue the case in court. The plaintiff must prove that the marriage is irretrievable. The professional lawyers will also check the agreement between the couple, and accordingly, they will plan for the next step. The lawyers will also provide the best suggestion relating to child custody and the matrimonial property's partition.
Divorce is not anything common in every couple's life. But there is a considerable increase in the number of divorce cases in Singapore. Mutual discussion between partners can save many marriages, but some cannot. So, you should apply for a divorce and separate from each other. It will help lead a relaxed and independent life for both partners based on their terms and conditions. There is nothing to feel depressed about if you are sure that divorce is for your good. Share all minute details related to your divorce case so that case can be placed in court by your lawyer strategically. Hire the best lawyer for your assistance in the divorce case.
About Author: Henry Tan is an expert writer, he writes on various topics related to legal procedure in Singapore. Currently he is writing for on divorce lawyer and family law divorce.
Related Articles -
family lawyer, singapore divorce lawyer, divorce lawyer, divorce lawyers, divorce lawyer singapore, divorce process in singapore,