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As a team of dedicated family & Divorce lawyers in Singapore, we provide legal advice and represent individuals in navigating and managing difficult family law disputes, and all stages of the Divorce Process in the family justice system in Singapore.
Do you want us to sort out the legal process for you? Book a free consultation with our Divorce Lawyers now!
Child Custody, Maintenance, Estate Planning, And Divorce Proceedings In Singapore
Family legal issues can be challenging for all parties involved. Besides understanding the complexities and intricacies present in family law, emotions can run high in court proceedings. Our team of dedicated family lawyers in Singapore are committed to representing and supporting your needs throughout the entire process.
At Tembusu Law, we help clients fight and claim their fair share in matrimonial assets and Family Justice Court proceedings and in relation to a full range of children and family law matters including contested divorces, child custody and access applications, Personal Protection Orders (PPOs) and family violence, division of matrimonial assets, maintenance orders as well as divorces conducted in the Syariah Court.
Our Singapore Family Lawyers’ Expertise:
- 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
Speak With Our Team Of Singapore Family And Divorce Lawyers
Get in touch with our team of experienced Family and Divorce lawyers for a free consultation on your case today.
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 it 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.
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 file 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 has 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 in 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.
What Is A Contested And Uncontested Divorce?
In Singapore, Divorce proceedings are categorised into contested and uncontested Divorces, depending on whether the parties involved agree on the terms of their separation.
A contested Divorce occurs when the spouses cannot agree on one or more key aspects of the Divorce. These disputes may include:
- The grounds for Divorce (e.g., adultery, unreasonable behaviour, separation).
- Custody, care, or access arrangements for children.
- Spousal or child maintenance.
- Division of matrimonial assets, such as property or savings.
In a contested Divorce, both parties must present their case in the Family Justice Courts. This involves submitting evidence, attending hearings, and allowing the Court to decide on disputed issues. Due to the complexity of resolving disagreements through legal processes, contested Divorces are typically longer, more costly, and more emotionally taxing.
An uncontested Divorce occurs when both parties agree on all aspects of the divorce. This includes:
- The grounds for Divorce.
- Arrangements for child custody, care, and maintenance.
- Division of assets and liabilities.
Uncontested Divorces are simpler and more efficient because there are no disputes for the Court to resolve. Both parties work together to prepare and file agreed-upon documents, which are then reviewed by the Court for approval. The process is faster, less expensive, and less adversarial compared to a contested Divorce.
What To Expect During Your First Consultation With A Divorce Lawyer
Meeting a Divorce lawyer from Tembusu Law for the first time can feel overwhelming, especially when dealing with the emotional challenges of separation. However, this consultation is a critical step in understanding your options and setting the foundation for your case.
Here’s what you can expect during your initial consultation with us:
1. A Confidential And Safe Environment
Your first consultation is a private discussion where you can share details about your situation without fear of judgment. Divorce lawyers are bound by confidentiality, ensuring that everything you discuss remains private and secure.
2. Understanding Your Circumstances
The lawyer will start by asking questions to understand the specifics of your marriage, the reasons for the Divorce, and any existing conflicts, such as child custody or financial disputes. Providing clear and honest information helps the lawyer assess your case accurately.
3. Explaining The Divorce Process
You’ll receive an overview of the Divorce process in Singapore, including eligibility criteria, grounds for Divorce, and the steps involved. The lawyer will also explain whether your case is likely to proceed as a contested or uncontested Divorce.
4. Identifying Key Issues
The lawyer will identify key issues that may arise during your case, such as:
- Division of matrimonial assets.
- Child custody and visitation arrangements.
- Spousal and child maintenance.
- Legal requirements for filing the divorce.
5. Discussing Your Goals And Priorities
This is your opportunity to share your desired outcomes, such as retaining specific assets or prioritising child custody. The lawyer will advise you on the feasibility of your goals based on Singapore’s family law framework.
6. Cost And Timeline Estimates
The lawyer will outline the estimated costs of your case, including legal fees, Court fees, and potential additional expenses for mediation or expert reports. You’ll also get an idea of how long the process may take, depending on the complexity of your case.
7. Next Steps
At the end of the consultation, the lawyer will advise you on the next steps, such as gathering necessary documents, preparing for mediation, or filing the Divorce application. You’ll leave the meeting with a clearer understanding of what to expect moving forward.
How Does Divorce Affect Housing And CPF In Singapore?
Divorce in Singapore can profoundly affect shared assets, especially housing and Central Provident Fund (CPF) contributions. Understanding how these are handled during divorce proceedings is essential for making informed decisions.
Decisions on HDB flats depend on the Minimum Occupation Period (MOP), eligibility to retain the property, and the Court’s ruling on asset division. Options include one spouse retaining or selling the flat and splitting the proceeds.
The division of private properties considers financial contributions, children’s welfare, and the overall division of marital assets.
If the marital home is sold or neither party retains it, arrangements for alternative housing, especially for children, must be made.
CPF Contributions in Divorce
Division of CPF Savings
CPF funds used for housing or other matrimonial purposes may be divided based on the Court’s orders.
Refunding CPF Amounts
Upon selling a home, CPF funds used for the purchase must be refunded to the respective CPF accounts, including accrued interest.
Excluded CPF Funds
Retirement savings not linked to shared assets are usually not subject to division.
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 Are The 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 Divorce 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
SPEAK WITH OUR FAMILY LAWYERS TODAY
Get in touch with our team of Singapore Divorce Lawyers for a free consultation on your case today.
5 MUST-HAVE TIPS TO SAVE $20,000 IN DIVORCE LEGAL FEES
- Getting your proposal right from the start – knowing what you can realistically aim for and what’s impossible to get
- Bargaining hard but fair – how to successfully negotiate and compromise and still reach a win-win outcome
- Looking out for blind spots – how to identify and navigate around potential post-Divorce problem areas
How Can Tembusu Law Help You Handle 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 of expert Divorce Lawyers who 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 and divorce lawyer from Tembusu Law:
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:
Tembusu Law provides free initial consultations for spousal and child maintenance, matrimonial assets, and other ancillary matters.
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 when 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.
SPEAK WITH OUR FAMILY LAWYERS TODAY
Get in touch with our team of Singapore Divorce Lawyers for a free consultation on your case today.
Lawyer Fees & Cost Of Divorce 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 in 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.
Jonathan Wong
Managing Director
+65 8886 0278
jonathan.wong@tembusulaw.com
With over 20 years of experience in family law.
Jonathan Wong has dedicated his career to advocating for clients navigating the complexities of family-related legal matters. His commitment to providing empathetic and effective legal solutions has earned him a reputation as a trusted authority in the field.
Genuine Feedback From Our Clients On Their Journeys With Us
“When I reached out to you, you reached back and helped me. You were genuinely concerned for my wellbeing and thought about how best to manage a difficult situation with my loved ones in mind. Most of all, you never judged me. I will never forget that.”
“I just want to send this note before the hearing tomorrow. Regardless of the outcome, I am very thankful to both of you for everything you’ve done for me. Especially to Mr. Wong, I’ll never forget how you took on my appeal case so quickly, at the juncture when I was mentally and emotionally distraught after my sentencing. The word “gratitude” is an understatement.
In all honesty, I think what stands you both apart is the genuine care and concern you have shown me as your client. You have never made me feel that I’m just another case number, to be processed as quickly and cost efficiently as possible. This is especially important to clients like me facing criminal charges. This is war to me, and I could not have picked a better General with the required expertise and the heart in the right place.
I’m sure I have not been the easiest of clients. Thank you for being so patient with me.
After our discussion, I’m more optimistic for a good outcome. Whatever it is, you both are my lucky stars.”
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Frequently Asked Questions About Divorce And Family Lawyers in Singapore
What Does Family Law Cover?
Family law is the overall general term covering matrimonial law and law relating to familial relationships in situations such as marriage, Divorce, child custody, spousal and child maintenance, division of matrimonial assets, adoption and domestic violence.
As Family Law cases invariably involve making difficult decisions that affect children and loved ones as well as participating in emotionally charged communications between parties, engaging the services and support of the best Family Lawyer in Singapore can help you stay focused and provide you with an objective view of your case at all times.
What Is The Divorce Process In Singapore?
In Singapore, the divorce process involves two stages. This applies to both contested and uncontested divorces.
The first stage refers to the dissolution of marriage, in which the Family Justice Courts discuss and decide whether the marriage has irretrievably broken down. Should the Courts be convinced that the marriage has indeed broken down, it will grant an Interim Judgement of Divorce. This officially ends the marriage between the two parties.
In the second stage, the Court deals with ancillary matters pertaining to child custody, maintenance and matrimonial assets. Once all ancillary matters are settled, the Courts will grant a Certificate of Final Judgement, which can only be extracted three months from the date of the Interim Judgement.
In your first meeting with our divorce lawyer in Singapore, you will be provided with an overview of the two stages so you are well-prepared for the processes that will ensue. For more details, visit our FAQ page.
Do I Need To Engage A Family Lawyer?
Every person and family is unique and will have distinctive concerns, priorities and objectives that need to be catered to and addressed differently. If you are thinking about separation or divorce or trying to fight for custody of your child, a good Singapore Family Lawyer will have the skills, expertise and knowledge to advise you on the best way forward.
Get in touch with us today for a Singapore Divorce Lawyer free consultation.
What Do Family Lawyers In Singapore Do?
Family lawyers in Singapore support families and couples with representation in proceedings in the Family Justice Courts, drafting legal documents, and settling family-related issues such as divorce, and custody of child. Some Family Lawyers in Singapore specialise in one area, while others are able to represent a wider range of issues.
Can A Family Lawyer Help With Child Custody Issues?
When it comes to children, the Courts will make the decision around their custody, care and control and access based on what is in their best interests. Couples with children will inevitably have to face custody issues, with the parent granted care and control ultimately having greater ownership over the day-to-day upbringing, care, and welfare of the child. From child custody to maintenance and divorce, the best Family Lawyers can advise you on the best way forward for your case.
Get in touch with us today for a Singapore Divorce Lawyer free consultation.
Can I File For A Divorce In Singapore Without A Lawyer?
You may file for a divorce in Singapore without a lawyer. This means you will need to manage the preparation and filing of all legal documents on your own and represent yourself in court should you need to contest your divorce.
However, if you are constrained on time and resources, and are uncertain of the legal processes in Singapore, this may not be the best approach for you.
By seeking the help of a divorce lawyer, you can rest assured that all the legal formalities are carried out professionally while you take care of other important matters at hand.
How Much Do Family & Divorce Lawyers In Singapore Charge?
If you are wondering if there are any affordable or cheap Divorce Lawyers in Singapore, you should understand that there are no fixed rules or formulas when it comes to fees charged by Family & Divorce Lawyers in Singapore.
Fees will typically vary depending on the unique circumstances and scope of your case. Some lawyers charge hourly rates whereas others may offer a fixed fee or packaged rate. If your case takes a longer amount of time to reach settlement, more time and effort may be required which would result in higher fees.
In every case, it is recommended that you have frank discussions separately with your Family Lawyer and your spouse on how best to manage the financial expense of the divorce and also the consequently emotional challenges and damage that may be caused to the children involved.
Is It Better To Engage A Male Or Female Divorce Lawyer In Singapore?
The gender of the lawyer does not matter. It will still depend upon the lawyer’s attention, commitment, skill, trustworthiness and credibility. Nevertheless, here at Tembusu Law, you can choose the lawyer you’re comfortable working with who can help you with your concern.
Reach out to us and we will assist you in getting in contact with one of our female Divorce lawyers in Singapore.
I Would Like To Speak To A Female Divorce Lawyer In Singapore, How Do I Proceed?
If you are keen on speaking to a female Divorce lawyer in Singapore, you can book your complimentary consultation with us where you will be able to confirm the availability of your chosen lawyer.
It is important that you feel comfortable with the lawyer you would like to work with!
Why Are Contested Divorce Fees More Expensive Than An Uncontested Divorce Cost In Singapore?
There can be many reasons why contested Divorce costs in Singapore are more expensive than an Uncontested Divorce. One key reason is that it takes longer to resolve the terms in a Contested Divorce.
When two parties cannot agree on Divorce terms, they may be forced to go through lengthy court proceedings. It entails numerous steps aside from pre-trial legal motions and hearings, including discovery, depositions, expert reports, and trial preparation.
Do You Allow Instalment Payments For Lawyer Fees?
Yes. We accept instalments of lawyer fees for Divorce in Singapore. We know that many people have financial constraints, so we have made instalment payments available for our clients who need additional financial assistance.
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We’re founded on a commitment to help people and driven by a calling to serve a higher purpose – to bring greater access to help, answers, fairness and justice.
Our higher purpose reflects and represents our ideals, our dreams, our ambitions. It explains why and how we are making a difference, it gives us a sense of meaning and it guides our decisions.
At Tembusu Law, we remain purpose-driven and thankful for every opportunity to serve.
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- Purpose: This is not ‘a’ job; this is ‘OUR’ job. We are grateful to have it, and we take pride in everything we do.