Are you getting divorced?

• Want Help to Manage Feelings as You Go Through the Process?
• Have you decided to end your marriage?
• Are you already meeting with the lawyers?
• Does the prospect of going through stages of the divorce emotionally overwhelm you?
• Are you wondering if you will be strong enough to ask for what you deserve?
• Are you confused by all the feelings you are having?
• Going from sadness to anger to depression to fear?

The decision to end a marriage can come about for many reasons. Often people feel may have strong feelings of failure because their marriage ended. Some people may it ended on bad terms due to infidelity or addiction. Other times it can end just because two people grow apart.

The reasons can affect your feelings you are having as you go through this journey. You may feel guilt or shame or embarrassment. Are you afraid to tell your friends, your family, or your children? Are you having a hard time coming to grips with your new reality?

The legal aspect is covered by your divorce lawyer. However, to be able to make full use of your legal team, you will need to make sure that you have processed all your emotions. Strong feelings of anger, hate or rage will just get in your way of working with your legal team. Unfortunately, divorce is not a great way to seek revenge or punish your partner. As the Italians say, revenge is drinking the poison expecting the other person to die.

When we are hurt, scared, or rejected, these strong feelings can get in the way of working with people who want to help us. These strong feelings cloud our judgement and may push away people helping us. Getting control of strong feelings will help you to be more effective to work through the divorce process and make sure you do not make mistakes or take decisions from the wrong emotional base.

Divorce is a process that is relatively short compared to the consequences it can have on your financial and emotional well-being. Make sure you give yourself the emotional support to make sure that you can be 100% focused on your divorce and building a new life.

Issues that should be addressed to make sure the divorce process goes smoothly include but are not limited to:

• Addressing your anger or strong negative feelings towards your spouse
• Working through any guilt and shame
• Start to get a vision of what your life will look like as single
• Start addressing emotional issues around being single
• Get help figuring out how to tell important people in your life
• Address any damaged self-esteem or self-worth issues

All in the Therapy Counselling Pte. Ltd. Helps individuals manage the complex issues faced with ending a marriage. If you want support and guidance through this period, we can help you manage it in the least painful way possible. Tammy Fontana, MS, NCC, CTRT will provide a structure and framework to take you from the loss and grief of marriage to the figuring out what your new life will be looking like. Therapy can help you feel hopeful in a time of great change.

Therapy provides a structured, safe and healthy relationship to help a person be able to recognize and process their feelings to make informed and healthy decisions and behaviours. If you want your life and relationships to better, don’t wait. Help is there for you. We provide online therapy through Zoom, Skype and WhatsApp video.

If you would like to learn more, contact All in the Family Counselling Centre Pte Ltd. to arrange for an initial consultation. Preferred communication is via WhatsApp at +6590307239 or email at tammy@allinthefamilycounselling.com

As a result of the global COVID-19 pandemic, many governments have implemented travel restrictions into the country in the hopes of slowing the transmission of the Coronavirus. Singapore is no stranger to such travel restrictions.

As of 23 March 2020, in order to reduce the risk of imported cases, the Singapore Government has prohibited all short-term visitors from entering into or transiting through Singapore.

In light of these restrictions and as a parent with a child studying in Singapore, you may find yourself in the unfortunate position of being unable to enter Singapore to see your child. On the other hand, your child may not be able to enter into the country where you and your spouse are and/or you may not want to subject your child to unnecessary travel. You may thus be wondering about the care of your child in your and your spouse’s absence.

Can I appoint a temporary guardian for my child in Singapore?

If you have friends or family members living in Singapore, you may wish to speak to them to make arrangements about the care of your child in the event you or your spouse are uncontactable. Such arrangements will have to be based on goodwill and trust unless parties are willing to make formal arrangements under a Deed or Will.

Pursuant to Section 7 of the Guardianship of Infants Act, parents have the power to appoint a guardian for their child after their death by Deed or Will. While the parents of the child remain alive, the appointed testamentary guardian must act jointly with the parents in making decisions for the child.

The Singapore Courts have not had the opportunity to consider the enforceability of a letter or document conferring temporary guardianship of a child to another. In determining issues on guardianship, the position taken by the Singapore Courts has always been that parental responsibility cannot be and should not be simply delegated away.

In the event you do choose to enter into a formal agreement with a third party regarding the care of your child, you should also be mindful that in determining child-related issues, the Singapore Courts regards the welfare of the child as the paramount consideration. This means that the agreement will not be enforceable if the Court deems it to be against the interests of the child.

Related Article: Frequently Asked Questions on Guardianship in Singapore

Who will make medical decisions for your child in your absence?

A child under the age of majority is unable to make medical decisions for themselves as they are deemed to lack the requisite capacity by virtue of their young age. As the parents of your child, in the absence of a court order stating otherwise, you and your spouse enjoy joint custody of the child under Singapore law and will have to be consulted with respect to the child’s major decisions, such as the undergoing of medical treatments and procedures.

In the event that your child is required to undergo emergency medical procedure but you and your spouse remain uncontactable, the Court may order that an approved welfare officer or another person appointed by the Court step in to make decisions for the child. Ultimately, the aim of any decision made by the Court, welfare officer, or other persons, is to protect and enhance the well-being of the child.

Related Article: Covid-19 and Co-Parenting in Singapore

What happens if my child is issued with a Stay-Home Notice or Quarantine Order in Singapore?

Due to actual or potential contact with a Coronavirus patient, your child may be issued with a Stay-Home Notice or Quarantine Order. A Stay-Home Notice requires your child to stay in a designated place for 14 days, while a Quarantine Order is a legal order that is issued under the Infectious Diseases Act.

The conditions of a Quarantine Order are stricter as it requires the served individuals to be placed in isolation. Your child can serve out his/her period under the Quarantine Order in his/her Singapore residence, at a Government Quarantine Facility or hospital.

It is important to remind your child to adhere to the conditions of the Notice or Order as a breach of a Notice or Order carries serious consequences. The following are possible penalties that your child may face:-

1. Being prosecuted under Section 21A of the Infectious Diseases Act and being liable to pay a fine and/or imprisonment;
2. Having his/her Student Pass revoked; and/or
3. Being subject to disciplinary action in school, such as being suspended or dismissed from school.

Related Article: Maintenance Obligations Amid Economic Crisis due to Covid-19

Is my foreign pre-nuptial agreement valid and enforceable in Singapore?

In the event of a divorce, the Singapore courts will take into account any agreement entered into between parties when determining divorce issues (s 112(2)(e) of the Women’s Charter). However, the weight of such an agreement would differ in each circumstance.

In entering into a pre-nuptial agreement, the following issues should be considered:-

• Whether your pre-nuptial agreement expressly includes a clause on “the governing law” i.e. the jurisdiction that parties agree to be bound to. If it does not, the Singapore Courts will have to look at what the parties could have possibly intended the governing law to be by examining the terms of the agreement, or the connections that the agreement has to a certain possible jurisdiction.
• Once “the governing law” and the specific jurisdiction is determined, the Singapore Courts look at whether pre-nuptial agreements are recognised under that specific jurisdiction.
• Whether the terms of the pre-nuptial agreement contravene any legal principles in Singapore. In the event that this is the case, such terms or even the entire agreement may not be enforceable in Singapore.
• Clauses with respect to the children’s issues including maintenance, custody, care and control of children are often re-examined and in most instances these clauses not specifically enforced by the Singapore Courts. The Singapore Court will re-examine these issues to ensure that any decisions made regarding children are determined on the basis of what will be in their best interests, and not necessarily on the agreement between parties prior to marriage.

The validity and enforceability of a pre-nuptial agreement will ultimately be decided on a case-by-case basis.

Is my pre-nuptial agreement written in Singapore valid and enforceable in my home country?
Due to the difference in the treatment of pre-nuptial agreements between jurisdictions, the courts in your home country will have to decide whether it is the right forum to enforce your Singapore agreement. This decision process may generally involve:-

• The Court first acknowledging the existence of the premarital agreement. The agreement would generally need to adhere to the basic contractual requirements of the jurisdiction.
• Thereafter, the Court will determine if the laws of your home country would allow for the law as detailed in the prenuptial agreement to be applied. In the event that it can be applied, the agreement will be enforced as if it would have been in the Singapore Courts. It is thus crucial that parties state clearly “the governing law” of the pre-nuptial agreement, i.e. Singapore law.
• In the event that the laws of your home country do not allow for the law as detailed in the prenuptial agreement to be applied, the court will examine the agreement on the basis of its own legal principles.

Whether the court in your home country will recognise and enforce a pre-nuptial written in Singapore and governed by Singapore law depends on its particular legal principles. At Gloria James-Civetta & Co, we work hand-in-hand with lawyers from other jurisdictions to ensure that your pre-nuptial agreement has hold in Singapore and in your home country.

Erroneously drafted agreements can be a rich source of litigation, contrary to the idea that reaching an agreement will help minimise the risk of protracted legal battles. It is important to ensure that the formalities and content of the Singapore pre-nuptial accommodate your home country’s unique family law system.

Advantages of a prenuptial agreement for Expatriates
In the event of contested divorce proceedings, a pre-nuptial agreement is often a useful guiding measure on parties’ intentions and positions to be used by the Singapore Courts.

For expatriate couples where assets and living arrangements may have often been across various jurisdictions, it is beneficial for parties to enter into a pre-nuptial agreement for their agreement to be streamlined so as to minimise confusion and complications on preliminary issues such as jurisdiction in the event of a divorce.

A properly drafted pre-nuptial agreement can offer expatriate couples a wide range of benefits:-

• Additional certainty to the financial arrangement between parties and specifically so when parties have assets in several jurisdictions;
• Parties can expressly agree to exclude pre-marital assets from the pool of assets for division in the event of a divorce.
• Parties can expressly agree to exclude specific marital assets or family heirlooms, family businesses, and any potential inheritance from the pool of assets for division in the event of a divorce.
• Parties can agree that certain specific assets can be set aside as safeguards for the children instead of being divided between parties in the event of a divorce.
• It saves precious time and costs in the event of a divorce as all issues with respect to the divorce would have already been agreed to and specified in the pre-nuptial agreement.

We understand that negotiating and drafting an international prenuptial agreement may be unpleasant and difficult; a general agreement may not be sufficiently comprehensive to meet all specific legal requirements in Singapore and your home country. Our specialist family lawyers can help you navigate the complex legal waters to draft an international pre-nuptial agreement that suits your needs.

If I get divorced in a foreign country, can the Singapore courts grant financial relief for matrimonial assets situated in Singapore?

Under Singapore law, the courts have the power to divide matrimonial assets or order maintenance for the spouse where a marriage had been terminated in a foreign country¹. While it would generally be more appropriate for both the divorce and the division of assets to be managed in the same country, the Singapore courts have acknowledged that there may be circumstances where it would be fairer and more practical for the issue to be resolved in Singapore².

To determine whether you can apply for financial relief, you should consider the following:

1) Is the foreign divorce, annulment of marriage or judicial separation recognised as valid in Singapore?³
Generally, a foreign judgment of divorce will be recognised as valid if it is granted by a court of either parties’ home country.

2) Do you or your spouse have a strong enough connection with Singapore?⁴
There are two ways to show this connection:

1. At least one of the parties is “domiciled” in Singapore, or
2. At least one of the parties has been “habitually resident” in Singapore for a continuous period of one year before applying to court for financial relief, or before the divorce, annulment or judicial separation is effective.

The court will also consider the following matters in order to determine if there is merit in your application⁵:

• How connected you and your spouse are to Singapore or any foreign country. For instance, a clear connection could be determined if you are a permanent resident of Singapore⁶.
• Whether you have already received or are to receive any financial benefit from the divorce, annulment or judicial separation.
• Whether you have any right to apply for financial relief under the law of any foreign country, and your reasons if you have chosen not to do so. It is nevertheless not necessary to prove that all options in the foreign country have failed before applying for the relief in Singapore.⁷ There is also no need to show that Singapore is the more appropriate country to grant financial relief.⁸
• The availability of the matrimonial asset in Singapore and whether an order for financial relief is likely to be enforceable. For instance, it is more likely for an order to be enforceable if the asset is situated in Singapore⁹. Conversely, if the asset is located in Singapore, it would be difficult to enforce an order by a foreign court¹⁰.
• The length of time since the divorce, annulment or judicial separation.

For more information on the division of matrimonial assets, contact our divorce lawyers who will be able to assess your case to see if you are eligible to apply for financial relief in Singapore.

If your spouse removes your child from Singapore for more than one month without your written consent or without permission from the court, this may constitute a punishable offence under section 126(3), (4) and (5) of the Women’s Charter.

Under Singapore law, parents are expected to cooperate with each other. As such, regardless of which parent has been granted custody and/or care and control over the child, the Women’s Charter states that no person may take the child out of Singapore “except with the written consent of both parents or the leave of the court”. This means that even the parent who was given sole custody of the child by an order of the court is just as much bound by the requirements of the Women’s Charter to obtain the consent of the other parent or the court’s permission.

Additionally, in the event that your spouse has taken your child out of the country (or has retained your child in Singapore) in breach of your custody rights, this may be regarded “child abduction” or “child kidnapping”. As Singapore has acceded to the Convention on the Civil Aspects of International Child Abduction (Hague Convention) in 2010, you can make a claim under section 8 of the International Child Abduction Act 2010 (ICAA) for an order that your child be returned.

The Hague Convention is an international treaty which seeks to protect children from the consequences of being wrongfully removed from their country of habitual residence. It provides a legal avenue for the custodial parent to seek the swift return of his or her child, make the necessary arrangements to secure the rights of access to the child, as well as determine the appropriate court that should make custody orders relating to the child.

However, the Hague Convention only applies to countries which are parties to the Convention. If your child is taken to a country where the Hague Convention does not apply, it may be difficult to enforce the order. Instead, both parents will have to come to an agreement on the return of the child.

What if my spouse claims that he or she had to remove the child from Singapore (or had to retain the child in Singapore) due to medical, especially psychological, problems?
While there is no definite answer as each individual and each medical problem is different, such a reason will typically be carefully considered by the courts especially when the abducting parent is the mother and the child is very young. This is because courts acknowledge the close biological and emotional bonds between a mother and her child. However, in cases where the abducting parent could have been treated for her medical condition but refused to be so treated, the Singapore courts are unlikely to accept the medical problem as a legitimate reason for the removal (or retention) of the child.

Indeed, when a cross-border divorce takes place, conflicting opinions on which country your child should reside in may arise. Should you need more information on the wrongful removal of your child from Singapore (or the wrongful retention of your child in Singapore), consult our family lawyers who will be able to assess your case and provide you with the best possible assistance.

Expats facing divorce in Singapore must consider a number of unique questions and issues particular to their international status. As international divorce lawyers who regularly work with expats, we want to help you better understand your rights and challenges. Below, we discuss the most critical legal issues expats face when considering divorce in Singapore.

Grounds for Divorce
Singaporean courts take divorce very seriously. Anyone seeking a divorce in Singapore, whether expat or not, must have valid grounds to end the marriage. At a minimum, you must demonstrate that you have been married at least three years and the marriage has irretrievably broken down. Indicators of a marital breakdown include:

• adultery
• unreasonable behavior
• desertion for at least two years
• separation for at least three consecutive years and both parties consent to the divorce
• separation for at least four consecutive years

If you have been married for less than three years, the Court may nonetheless grant permission to divorce if you can show that the marriage is an exceptional hardship.

Residency Issues
For a Singapore court to have jurisdiction over your divorce, one party to the marriage must be a Singapore Citizen, “domiciled” in Singapore, or have habitually resided in Singapore for three consecutive years before applying for divorce.

“Domiciled” is a complex legal term but it essentially means that if you have or intend to live in Singapore permanently or indefinitely. If you’ve lived in Singapore for less than three years, but can prove your intent to be domiciled in the country, the Court may find that you meet the residency requirement. Proof of being (or intending to be) domiciled in Singapore includes having a Singapore-based job, having Singapore Permanent Residency, having applied for Singapore Citizenship, or having otherwise cut ties with your home country.

Jurisdiction Issues
Even if you meet all of the above requirements, a Singapore court still may not have jurisdiction over your divorce. If you’re an expat, you might file for divorce in Singapore, your home country, or another relevant country. But under the legal doctrine of forum non conveniens, only the most appropriate court will have the legal authority to preside over your divorce.

For example, if a person files for divorce in Singapore but their spouse argues that divorcing in Hong Kong is more appropriate, the Singapore court must decide whether to proceed with the proceeding. In such circumstances, the court will examine which forum has the most real and substantial connection with the dispute and the parties. These might include where the parties live, where they work, where they own property, or where their children live.

If the court determines that Hong Kong is the most appropriate form, it will issue a “stay of jurisdiction.” A stay prevents the divorce from proceeding before the court issuing the stay–in this example, Singapore.

Overseas assets
Expat couple seeking divorce in Singapore also must consider how to handle any overseas matrimonial assets. Singapore courts will divide all matrimonial assets, whether in Singapore or abroad, between the parties. Once the court has decided how to distribute these assets, it will issue a court order.

However, an overseas court may refuse to enforce a Singapore order concerning property in its jurisdiction. In such cases, the Singapore court may order one spouse to keep the overseas property, but give the equivalent share in liquid assets to their spouse.

Cross-border issues relating to children
Some expat parents believe that it’s in their child’s best interest to take them out of Singapore to live in their home country. But under Singapore law and the rules of the Hague Convention, it’s a criminal offense to remove your children from a country without permission from the other parent. Any parent who does so risks arrest for child abduction.

As international divorce lawyers, we understand the reality of this risk and the serious emotional trauma abduction can cause. If you’re concerned that your spouse will attempt to remove your child from the country, a qualified Singapore divorce lawyer help you obtain a court order to prevent this from happening as well as help you apply for interim custody, care and control over your child.