Hire The Best Divorce & Family Lawyers In Singapore | Tembusu Law

Our Singapore Family lawyers are experienced and skilled in handling the following:

• Contested and Uncontested Divorce Matters
• Judicial Separation
• Deed of Separation
• Prenuptial and Postnuptial Agreements
• Annulment
• Family Assets
• Maintenance and Child Support
• Division of Matrimonial Assets
• Custody and Guardianship
• International Relationships Disputes
• Family Finance & Asset Protection Planning
• Domestic Violence
• Adoption
• Wills
• Trusts & Estate Planning
• Probate & Administration, including contentious probate disputes and multi-jurisdictional probate matters
• Lasting Power of Attorney
• Mental Capacity Act
• Advanced Medical Directive
• Appointment of deputies under the Mental Capacity Act
• Applications and appeals for Student Pass, Dependent’s Pass, Letters of Consent, Long-Term Pass and Permanent Residency
• Other Related & Complementary Divorce And Matrimonial Law Services

WHAT YOU MUST KNOW BEFORE APPLYING FOR A DIVORCE IN SINGAPORE

The Courts will only accept one reason for applying for a Divorce in Singapore, and that is if there is an irretrievable breakdown of marriage.

Below are the only five grounds or conditions which can classify as an irretrievable breakdown of marriage:

• Adultery
• Unreasonable Behaviour
• Separation
• Desertion
• Mutual Agreement

Adultery

The legal definition of adultery involves a spouse having cheated on their partner by engaging in sexual relations with a third party. Partner A can file for a Divorce from Partner B, as soon as they suspect infidelity.

However, using adultery as grounds for a Divorce in Singapore can be a tough process. The burden lies on Partner A to gather irrefutable evidence of their spouse cheating. Evidence may be in the form of:

• Video recordings clearly depicting sexual activity
• Salacious text messages between the spouse and another person
• Photographic evidence of sexual acts

Since Partner B may not readily admit to committing adultery, getting evidence can be difficult. In such cases, Partner A (you) may need the assistance of a private investigator.

Unreasonable Behaviour

Unreasonable behaviour doesn’t simply imply that both parties in a marriage don’t get along. Rather, you will need to prove your spouse is behaving in such a way that makes it difficult for you to stay with them any longer.

For instance, Partner B has been consistently physically abusive to Partner A. Or, Partner B has fallen to vices and is unable to hold a job to support the spouse and children (if any). The Courts may grant a Divorce in Singapore based on these facts.

What classifies as “unreasonable behaviour” is subjective. It will always depend on the circumstances of each case. Below are more examples:

• Partner B has been verbally abusive towards Partner A and/or their children.
• Partner B is constantly disrespectful towards Partner A.
• Partner B refuses to get counselling to save their marriage with Partner A.
• Partner B is fiscally irresponsible and does not fulfil their maintenance duties towards Partner A and their children (if any).
• Partner B constantly gaslights and manipulates Partner A into believing their lies.
• Partner B is instrumental in destroying Partner A’s relationships with their friends and other family members.
• Partner B no longer spends time with Partner A, and prefers the company of their friends over the spouse.
• Partner B refuses to acknowledge their wrongdoings and continues behaving unreasonably.

Due to the wide definition of unreasonable behaviour, there are many other instances where a partner can file for a Divorce in Singapore based on this ground. The Courts will often refer to previous rulings to determine the validity of the reason.

Other factors that the Courts may look into, include the aggrieved spouse’s condition, the defendant’s (Partner A) behaviour (whether they show passive aggressiveness or act in an overtly demeaning manner towards Partner B).

The Courts will also consider the cumulative impact of the defendant’s behaviour — whether they’ve been acting unreasonable for an extended time period.

Separation

The Courts may only accept the grounds of separation if Partner A has proved that they have been living separately with Partner B for over three years. Partner B must also agree to the filing of the Divorce.

Filing a Divorce in Singapore based on separation means that Partner A will need to present evidence of living separately from their spouse. They must also be living apart due to choice, and not necessity.

For example, if Partner B has been relocated to another city for a job, the time they spent away from their spouse will not be counted in the three-year separation period.

It is also possible for a couple to be separated, but living together. The Courts will look into whether the couple have been acting as if they live in separate households. No spousal duties must take place (i.e. cleaning or cooking together, sleeping in the same bedroom, or managing a shared bank account).

Desertion

Desertion happens when one spouse has moved out of the matrimonial home and failed to return after a specific period. During such time, they also failed to inform the spouse, friends, or relatives, of their whereabouts.

Proving desertion before filing a Divorce in Singapore must involve evidence of a spouse abandoning their partner. There are two conditions:

• Partner A and Partner B are physically separated; and
• Partner B (the spouse who has deserted) has shown intention to leave Partner A

Physical Separation

Physical separation means living separately in different households. This is different from a couple living in the same residence, but sleeping in different bedrooms.

Intention To Leave

A spouse should be able to prove that their partner has shown explicit intention to desert/leave them. This is commonly understood as the intent to end the marriage. Deserting a partner must be non-consensual. This means a couple who has mutually agreed to live apart cannot use the “intention to desert” as a basis for getting a Divorce in Singapore.

Mutual Agreement

Changes to the Women’s Charter, which will take effect from 2023, can now allow couples to file for a Divorce based on mutual agreement. In this case, both parties must come to a mutual agreement that their marriage has irretrievably broken down. They must also provide an explanation for arriving at such a conclusion.

The parties must detail their attempts at reconciliation. They must have also prepared for alternative arrangements for their children and finances after the Divorce is finalised.

But, it is still within the Court’s discretion to accept the validity of this ground, especially if they believe the couple can still reconcile in the future.

WHO IS ELIGIBLE TO FILE FOR DIVORCE IN SINGAPORE

To successfully file a divorce in Singapore, you must meet the eligibility requirements set by the Women’s Charter. You or your spouse must be:

• A Singapore Citizen or Permanent Resident of Singapore
• Living in Singapore for at least three years
• Married for at least three years

If you have been married for less than three years and want to end your marriage with your spouse, you will only be able to do so:

• If the Court is satisfied that you have suffered exceptional hardship or your spouse has been exhibiting behaviour towards you that is exceptionally unreasonable and cruel
• If you file for an annulment of marriage, which declares that your marriage never existed at all.

Please note that you cannot apply for a divorce in the Family Justice Courts if you and your spouse are Muslims or have been married under the Muslim Law in Singapore. It is best to speak to a divorce lawyer for advice and find a suitable solution to move forward with.

WHAT DOCUMENTS ARE NEEDED TO FILE FOR A DIVORCE

You will need to submit certain documents to the Family Justice Courts when applying for Divorce. Your lawyer will provide you with a good run-through of the following documents and work closely with you to draft them:

• Writ for divorce
• Statement of claim
• Statement of facts
• Proposed Parenting Plan
• Proposed Matrimonial Property Plan for HDB owners

Why Do You Need A Family Lawyer In Singapore For Your Divorce, Child Custody, Maintenance, And Estate Planning?

It’s never easy to have to deal with Divorce Procedures, Spousal Maintenance, Child Custody and Division of Matrimonial Assets issues on your own, and you may feel overwhelmed by the stress and worry that comes with going through any contested proceeding in the Family Justice Courts in Singapore.

Although some people choose to handle a divorce on their own, it’s always a good idea to try to get legal advice from a team experts who to know more about the process of Divorce and what your rights are to help you make a well-informed decision and plan accordingly.

Here are more reasons why you should hire an expert family lawyer:

• Expert Legal Advice: A skilled Family Law practitioner will assess your case’s strengths and weaknesses, recommending beneficial, feasible, and realistic terms for the divorce.
• Document Preparation: Your divorce lawyer will ensure that all documents and written arguments submitted to the court are well-prepared and persuasive, improving your chances of a favourable outcome.
• Case Strategy: A diligent divorce lawyer in Singapore can help you identify and avoid potential pitfalls, such as arguments and evidence that could be used against you, allowing you to adjust your strategy effectively when unexpected challenges arise.
• Child Custody Disputes: In child custody disputes, an experienced lawyer will advocate for your best interests while also prioritising your children’s welfare and well-being.
• Maintenance Issues: Our team of top divorce lawyers in Singapore can handle spousal and child maintenance issues. We assist with enforcing Maintenance Orders against non-compliant ex-spouses or seeking to reduce maintenance payments due to significant financial changes.
• Comprehensive Support: Whether dealing with spousal and child maintenance, matrimonial assets, or other ancillary matters, Tembsu Law provides free initial consultations. Contact us today if you are looking for a Family Lawyer in Singapore.

Benefits Of Engaging A TOP Divorce Lawyer In Singapore

If you are considering the benefits of getting a lawyer in Singapore for Divorce, here are some of the reasons why you should engage a top Divorce Lawyer in Singapore.

• Providing focus and direction: When emotions run high during the Divorce process, you’ll benefit from having a Divorce lawyer provide clear, pragmatic and unbiased advice on objectives, tactics and solutions.

• Reducing stress and anxiety: Having a good Divorce Lawyer in Singapore to represent you throughout the process will help relieve you of constant worry that may otherwise arise when you don’t have legal and tactical support.

• Saving time and money: Reaching a fair and peaceable settlement and avoiding a painfully contested divorce will always help you save time and cost. A good Divorce Lawyer in Singapore will also help you identify, compare, explain and choose the most appropriate and suitable solution for your unique family and personal profile and situation in negotiating favourable terms of settlement.

• Practical solutions: In addition to helping you achieve your desired outcome and reach your targeted key objectives, your divorce lawyer will also be able to devise practical solutions in troubleshooting issues that arise because of the consequent knock-on effects of your divorce.

LAWYER FEES & DIVORCE COST IN SINGAPORE

Divorce can be a costly and stressful process in Singapore. Some contentious and contested Divorce cases in Singapore can cost a fortune, so it’s important to make sure you’re getting the best representation during your Divorce proceedings.

Our lawyer fees for Divorce in Singapore depend on the scope and amount of work involved – this is something that we always discuss and agree on with you before we start work.

Lawyer Fees For Divorce In Singapore Can Be Affordable

In some cases, the legal fees are considerably lower. However, the total cost will vary depending on the circumstances surrounding the Divorce. Higher fees may be required for contested Divorces, primarily if the parties disagree on many issues, including child custody. If so, the attorney would spend more time preparing the arguments and evidence for his client’s case.

At Tembusu Law, the fees we charge are all-inclusive. There will be no hidden setup fees or other additional fees.

Breakdown On Lawyer Fees For Divorce In Singapore

Tembusu Law firm offers services to both contested Divorce and Uncontested Divorce cases.

The standard lawyer commitment for a divorce in Singapore fluctuates based on your particular situation. As a broad benchmark, one might need to allocate a modest to a substantial amount of resources for an uncontested Divorce, particularly when both parties are in consensus on all conditions, eliminating the necessity for negotiations.

At times, a more significant commitment may be required, encompassing cases involving matrimonial property, children, and maintenance. This level of involvement may also be necessary if there’s still some negotiation needed in the case, or if one party doesn’t agree with all the terms of the Divorce.

For a more accurate quote on our lawyer fees for Divorce in Singapore, we highly recommend contacting us for a free consultation.