International Divorce in Singapore: Jurisdictional Challenges and Other Considerations

International divorce cases in Singapore present unique jurisdictional challenges and complexities that require careful consideration and understanding.

Navigating these challenges is crucial if you are seeking to dissolve your marriage when multiple jurisdictions are involved.

In this blog post, we will explore the jurisdictional challenges that are faced in international divorces in Singapore and the solutions available to overcome them.

Determining the Appropriate Jurisdiction

In international divorce cases, determining the appropriate jurisdiction to file for divorce can be complex. Couples must assess their connections to different countries, residency requirements, and the jurisdictional laws that may be most favourable to their case.

A couple may be eligible to divorce in either country if one spouse lives overseas and the other in Singapore, or if one spouse is an overseas citizen or national.

Read more: International Divorce: The Advantages of Filing Divorce in Singapore

Forum Shopping and Jurisdictional Disputes

Forum shopping, where one party attempts to choose a jurisdiction most advantageous to their case, can lead to jurisdictional disputes in international divorces.

There are two ways in which foreigners can prove sufficient ties to Singapore.

Firstly, through proving that you are domiciled is in Singapore at the time of the commencement of the divorce proceedings, whether by origin, dependence, or choice

Secondly, through proving that you are a habitual resident in Singapore for a period of 3 years immediately preceding the commencement of the proceedings.

Resolving jurisdictional disputes requires skilled legal representation to present a compelling case and demonstrate why Singapore is the appropriate jurisdiction for the divorce.

Read more: The Divorce Process in Singapore: A Comprehensive Guide for Expats

Financial considerations

Financial considerations are crucial when deciding in which country to pursue a divorce, including factors such as;

Read more: Financial Matters in a Divorce

Deciding between Singapore and another country for divorce is a critical decision, particularly when it comes to child-related matters.

Assessing child custody laws, visitation rights, child support guidelines, and the legal framework for protecting the best interests of the child in each jurisdiction is essential.

Questions that our divorce lawyers are often get asked:

• Will child custody orders made in Singapore be enforceable across borders?
• What factors do Singapore courts consider when determining the best interests of the child?
• Is there a way to stop my spouse from taking the children out of Singapore without my consent?
• What are the legal requirements and procedures for relocating with a child to another country after divorce?
• How can international parental abduction be prevented or addressed in an international divorce?

International Enforcement of Court Orders

Once a divorce is finalized in Singapore, enforcing court orders in another jurisdiction can be a challenge. However, Singapore is a signatory to several international conventions, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments.

These conventions facilitate the recognition and enforcement of Singapore court orders in many countries, providing couples with assurance that the orders will be honoured in other jurisdictions.

Read more: What if a Court in another Country has made a Maintenance Order?

Mediation and Alternative Dispute Resolution

In international divorce cases, Mediation, and alternative dispute resolution methods such as Collaborative Divorce can be effective in resolving jurisdictional challenges.

Read more: Benefits of Resolving Marital Conflict via Divorce Mediation

Conclusion:
Our firm has a strong reputation for handling international and divorces and have established strong relationships with overseas lawyers in jurisdictions worldwide.

With our experience, dedication, and personalized approach, we strive to achieve the best possible outcomes for our clients while protecting their rights and interests every step of the way.

International Divorce: The Advantages of Filing Divorce in Singapore

When faced with the complexities of international divorce, choosing the proper jurisdiction is crucial. Singapore, known for its robust legal system and international recognition, offers several advantages for couples seeking to dissolve their marriage internationally.

This blog post will explore the advantages of filing for an international divorce in Singapore.

Well-established Legal System

Singapore boasts a well-established legal framework, providing a solid foundation for navigating complex international divorce cases. The country’s legal system is renowned for its efficiency, transparency, and adherence to the rule of law.

Singapore courts have a wealth of experience in handling international divorce matters, ensuring a fair and just resolution for all parties involved.

Efficient Court Procedures

One of the significant advantages of choosing Singapore for an international divorce is the efficiency of its court procedures.

The Singapore judicial system operates with expediency, aiming to resolve cases promptly while maintaining the highest standards of fairness.

This efficiency translates into shorter waiting times, allowing couples to reach a resolution and move forward with their lives more swiftly.

Recognition and Enforceability of Singapore Court Orders

Singapore is a signatory to several international agreements, including the Hague Convention on the Recognition and Enforcement of Foreign Judgments.

This means that Singapore court orders are generally recognized and enforceable in many countries.

The international recognition of Singapore court orders provides couples with greater assurance that their divorce settlements, child custody arrangements, and financial agreements will be honoured in other jurisdictions.

How GJC Law can help you

At our law firm, we understand the complexities and challenges involved in international divorces. We are committed to providing comprehensive assistance to our clients throughout the process. Here is how we help our clients on their international divorce journey:

The Divorce Process in Singapore: A Comprehensive Guide for Expats

Singapore, known for its robust legal system, offers a well-established framework for divorce proceedings. However, expat divorces often involve additional complexities such as jurisdictional issues, cross-border assets, and child custody matters.

Being well-informed about the legal requirements, options, and potential challenges specific to an expat divorce in Singapore is essential for a smooth transition and for protecting your rights.

In the following sections, we will delve into the divorce process in Singapore, discussing;

• eligibility criteria,
• filing procedures,
• mandatory mediation,
• ancillary matters,
• child custody and maintenance considerations,
• division of matrimonial assets,
• finalising the divorce, and
• the possibility of appeals.

Throughout the guide, we will pay particular attention to aspects that expatriates should consider when divorcing in Singapore.

Eligibility for Divorce

In Singapore, the law recognizes only one ground for divorce: the irretrievable breakdown of the marriage. However, this breakdown must be proven through one of five legally recognized facts:

• adultery,
• unreasonable behaviour,
• desertion,
• separation for three years with consent,
• or separation for four years without consent.

Read more: The Ground for Divorce in Singapore

Filing for Divorce

To initiate the divorce process, either you or your spouse has to be domiciled in Singapore (i.e. treated Singapore as your permanent home) at the start of the proceedings, OR either party has to have resided in Singapore for 3 years immediately before filing the divorce application.

Read more: Filing for Divorce — What Documents to File and Service of Documents

Mandatory Mediation

Upon filing the Writ for Divorce, where the divorce is contested, parties are required to attend mandatory mediation at the FJC’s Child Focused Resolution Centre (CFRC). Mediation encourages parties to reach an amicable settlement regarding child custody, maintenance, and division of assets. If mediation fails, the case proceeds to the next stage.

Read more: All you need to know about Divorce Mediation in Singapore

Ancillary Matters

The ancillary matters phase involves resolving financial and child-related issues. The Court expects parties to negotiate and mediate to reach a consensus on matters such as child custody, access, division of matrimonial assets, and spousal maintenance. If an agreement is reached, the Court will convert the agreement into a legally binding court order.

Read more: Ancillary Orders Relating To Children In Divorce Proceedings

Child Custody and Maintenance

In determining child custody arrangements, the Court prioritizes the child’s best interests. Parents are encouraged to agree on a parenting plan covering custody, care, and control.

If an agreement is not possible, the Court will decide based on various factors, including the child’s welfare and the ability of each parent to meet their needs.

Maintenance for children is also determined based on the child’s financial needs and the parties’ financial capabilities.

Read more: Child Issues (Access & Maintenance)

Division of Matrimonial Assets

Singapore does not follow the principle of equal division of matrimonial assets acquired by either spouse during the marriage.

Instead, the Singapore court will consider various factors such as the direct and indirect contributions made by each party, the length of the marriage, the parties financial needs, and the welfare of their children, if any.

Parties are encouraged to negotiate and reach a settlement. If an agreement cannot be reached, the Court will decide based on the relevant circumstances.

Read more: Factors Influencing Division of Matrimonial Assets

Finalizing the Divorce

If parties agree on all issues for the divorce and ancillary matters, the Court will grant an interim judgment. Once all matters are resolved, and there are no further disputes, the Court will issue a Certificate of Final Judgment 3 months after the date of the Interim Judgment to declare the end of the marriage officially.

Appeals

If dissatisfied with the Court’s decision, either party has the right to appeal within a specific time frame. Appeals are typically heard at the High Court (Family Division).

Conclusion:

Navigating the divorce process in Singapore requires a comprehensive understanding of the legal framework and procedures involved. Our international divorce lawyers can guide you to ensure your rights are protected and facilitate a smoother transition.

While divorce can be emotionally taxing, focusing on amicable negotiations and the children’s best interests can lead to more positive outcomes. Remember, settling through mediation is often the preferred approach. However, if that fails, the Court will make necessary decisions based on the relevant factors.

Getting Divorced in Singapore as an Indian Expat

Divorce can be inherently complex, but it becomes even more challenging when initiating divorce proceedings in Singapore after a marriage overseas.

This is primarily due to the unique issues and complexities in such cases.

If you and your spouse have connections to both India and Singapore, it is plausible that the courts of both countries hold jurisdiction over your case.

It is important to recognize that the legal frameworks pertaining to financial and child-related matters differ significantly between these jurisdictions.

Consequently, navigating these complex landscapes necessitates a comprehensive understanding of the divergent legal systems.

The Reasons for Divorce

Based on our experience, we have identified the prevailing reasons why married couples from India opt for divorce after their relocation to Singapore:

• Domestic violence
• One spouse commits adultery
• Problems with the other spouses’ parents
• One spouse begins hiding money

Questions & Concerns

Indian expats seeking a divorce in Singapore face many questions and concerns regarding the process. The most frequently asked queries include:

Complexities Involved

Divorce can be a complicated process for Indian couples in Singapore, especially when:

• Property division issues exist in India and Singapore.
• In divorce cases involving children, it is commonplace for spouses to have disagreements regarding child custody arrangements when one spouse expresses the desire for sole custody of the children, often intending to relocate to India either during or after the divorce proceedings.
• In some instances, one spouse may flee Singapore with the children without obtaining the other spouse’s consent or securing approval from the courts.
  
  

  Such a scenario can give rise to significant complications, particularly considering that India is not a signatory to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Abduction Convention). This non-membership status further exacerbates the complexities of addressing and resolving these situations.

Read more: Children in an International Divorce

Jurisdiction and Eligibility

The first thing to determine is whether the Singapore Courts have “jurisdiction” (the authority to deal with your case). Indian expats can file for divorce in Singapore if they have been married for three years and have resided in Singapore for three years.

Our Experience

Our head lawyer, Ms Gloria James, has accumulated extensive experience managing many divorce cases involving couples who married in India and subsequently pursued divorce proceedings in Singapore.

Throughout these cases, we have provided comprehensive guidance and addressed numerous inquiries raised by the spouses involved.

How GJC Law Can Help You

When you contact us, we will:

• Provide you with an overview of the Singapore divorce process;
• Identify any underlying legal issues if you plan to separate;
• Inform you about Singapore immigration laws that may affect your visa or work permit; and
• Explain the relevant legislation in Singapore pertaining to matters concerning children, spousal maintenance, and equitable distribution of assets.

Our customary approach involves facilitating a tripartite dialogue with Indian family lawyers, aiming to carefully examine and deliberate upon our clients’ optimal courses of action.

Moreover, this collaborative effort guarantees the acknowledgement and acceptance of the divorce decree by the Indian Courts, thus ensuring its legal validity and enforceability.

Our International Divorce Lawyers will explain the steps involved when considering a Singapore divorce and advise on your rights and options.

Call Us at +65 6337 0469

Mail us on consult@gjclaw.com.sg
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Divorce EligibilityJuly 11, 20230 comments

International Child Custody & Child Abduction (Hague Convention)

In international child custody matters the child’s “habitual residence” is critical in determining whether a child has been wrongfully removed to or remains in another country. In this article, we examine the application of the Hague Convention in international child custody disputes.

International Child Custody and Care & Control Order

As defined in the Women’s Charter, a ‘child’ of marriage is a child who is under 21 years of age. Custody refers to the parent who makes the major decisions for a child, such as the child’s health, religion, health, and education issues. The parent given care and control of the child is usually the primary caregiver responsible for the child’s day-to-day life. Access to the child is granted to the other parent who is not given care and control.

Read more: International Divorce: What About the Children?

Child Custody

If you and your spouse wish to live in different countries following your divorce in Singapore, issues will have to be addressed about where and with whom the children will live, as well as arrangements put into place for contact between the children and their ‘non-resident’ parent.

There are four different types of custody orders that the courts may grant:

Sole custody order: The custodial parent may make major decisions for the child without the other parent’s agreement.

However, note that sole custody is rare and granted only in exceptional cases where joint parental custody would significantly impede decision-making or where joint parental custody is not in the child’s best interests. In most cases in Singapore, it is the norm for the Courts to grant parents joint custody.

Ultimately, the type of custody order is based on the facts and circumstances of the case.

Joint custody order: Both parents must make significant decisions about the child jointly, i.e., both parties must agree upon decisions. Either parent can apply to the Court for a resolution if there is no agreement.

Joint custody is the most common order courts make to promote the idea of shared parental responsibility. Additionally, joint custody encourages the parent who does not live with the child to continue his or her responsibilities to the child as the child’s parent.

Hybrid order: This is a sole custody order, but it includes an order that the custodial parent must consult with (or even obtain the consent of) the non-custodial parent when making decisions about some issues, such as school choice, subject choice, and so forth.

Split custody order: This is when custody of one or more siblings is awarded to one parent and custody of the other siblings is awarded to the other parent. As a general rule, siblings should be under the care of the same parent. If split custody is requested, parents must file affidavits to justify split custody and explain why it is in the children’s best interest.

Based on the first principles, in any case where custody is in dispute, the child’s best interests are the overriding consideration when courts decide what type of custody order to grant.

Read more: Understanding Child Custody in Singapore

Care and Control of the Child

Care and control is different from the issue of custody. Care and control deals with which parent the child lives with on a daily basis.

The parent awarded care and control is responsible for the child’s day-to-day activities (e.g., daily necessities, meal and bedtimes).

Care and control can be either shared or sole. Where there is shared care and control, the time spent with the child will be split between the parents equally (i.e., the 2 homes).

However, this depends on whether the arrangement is workable and if it is in the child’s best interests. Generally, shared care and control is unlikely to be granted if it disrupts the child’s schedule, given the inconvenience of travelling between 2 homes frequently.

Shared care and control is also usually granted if the parents’ relationship is cordial and they can communicate effectively.

The following is a non-exhaustive list of factors that courts will consider in deciding the issue of care and control:

• Who has been the primary caregiver of the child?
• A child’s attachment and comfort level, whether moving back and forth between parents’ homes, disrupts the child’s routine and life.
• The child’s age – are they at an age where they can make independent decisions about who to live with?
• Who the proposed caregivers are (e.g., grandparents, friends of the parents to whom care and control is delegated), and how close they are to the children.
• If one parent alienates or makes access difficult for the other parent.

Ultimately, the paramount consideration is the child’s welfare in making an order for care and control.

Child Access & Overseas Access

Child Access

The parent who does not have care and control of the child is entitled to have access to the child. The starting point is a presumption that such access would benefit the child. The issue is then the quantum of access.

Some examples of access arrangements can include the following:

• Flexible and liberal access; or
• Stipulated days/times such as:
  • Weekday access: This is usually mid-week for a few hours and is typically subject to the child’s school schedule or other activities, e.g., tuition.
  • Weekend access: This may include overnight access and should consider the child’s school schedule and other activities.
• Public holiday access: Parties often come to an arrangement where each parent spends alternate public holidays with the child. Parties can modify this arrangement the following year.
• School holiday access
• Other special occasions such as birthdays

Access orders are generally unsupervised, i.e., the parent can spend time with the child without any third party monitoring the access. However, the Court may order supervised access in the interest of the child’s safety and relationship with the other parent, which depends on the facts and circumstances of the case.

Overseas Access

If the parent with access lives abroad, the non-custodial parent is still entitled to access the child through remote access or ad-hoc access when the parent returns to visit Singapore. You can even travel abroad with your child depending on the orders made.

Again, this is left to the discretion of the Court and depends on the particular circumstances of your case.

Read more: Custody, Care & Control, and The Welfare Principle of a Child

Relocation

After a divorce, you may want to return your child to your home country. However, the move may mean your child can no longer spend time with the other parent because of contact schedules. Therefore, you must obtain the other parent’s consent to move abroad with your child. Where there is no consent, an application to Court must be filed.

The following are some factors the Court will consider in granting a request to relocate with your child:

• Whether the relocation is permanent or for a short term
• Remarriage of the relocating parent
• Family support and grandparents abroad
• Child’s education
• The loss of relationship with the other parent
• Enlistment for national service in Singapore

Legal Representation

In conclusion, international divorce with children in Singapore can be formidable. Our International Divorce Lawyers can advise you on foreign child custody, care and control, and access laws in Singapore.

For advice on complex laws concerning foreign child custody, care and control, and access laws in Singapore, consult an International divorce lawyer.

GJC Law credits our Vice-Head of Family & Matrimonial Law Practice, Sara Aziz, for her guidance.

Understanding the Requirements for an Expat Divorce in Singapore

“Can I divorce in Singapore if I got married abroad?” is a common query received by our International Divorce Lawyers in the globalised world we live in today.

As a starting point, the essential questions our Singapore Divorce Lawyers will ask are as follows:

• How long have the parties been married?
• Is either party to the marriage a Singapore Citizen?
• If neither party is a Singapore Citizen, how long have parties been residing in Singapore?
• Am I eligible to file for divorce in Singapore?
• What is the ground for divorce in Singapore?
• Habitually resident – what does it mean?

Eligibility

The length of time parties have been residing in Singapore is important because it determines whether the Court has jurisdiction to hear parties’ divorce proceedings based on domicile or habitual residence for at least three years before the commencement of proceedings under Section 93(1) of the Women’s Charter (Chapter 353).

To sum up, in the event parties have married overseas and wish to divorce in Singapore, they must fulfil the following:

• Married for at least three years;
• One party must be a Singapore Citizen;
• If no party to the marriage is a Singapore Citizen, either party must show intention to be domiciled in Singapore or be habitually resident in Singapore for at least three years

If you do not meet the above criteria

Less than three years before the commencement of the proceedings

If parties have been residing in Singapore for less than 3 years, the party who wishes to commence divorce proceedings may consider showing his/her intention to be domiciled in Singapore.

Intent to be domiciled means that he/she has to demonstrate the following:

• Voluntary residence as an inhabitant rather than a casual visitor;
• His/her intention to remain in Singapore indefinitely.

An example to show the same would be shifting a party’s substantial assets to Singapore.

At least 3 years before the commencement of proceedings

If parties have been habitually residing in Singapore for at least three years before the commencement of proceedings, the Singapore Courts will have jurisdiction to hear the parties’ divorce proceedings. To show habitual residence in Singapore, one must show a degree of continuity in his/her residence in Singapore, which is a question of fact.

Read more: Legal Issues Expats Face in Filing For Divorce in Singapore

Habitual Residency

Under the laws of Singapore, unless you are a citizen of Singapore, you will have to show habitual residence in Singapore before you can commence divorce proceedings here. You are habitually resident in Singapore if you have resided here for at least 3 years immediately before filing divorce papers in Singapore.

Read more: Jurisdiction of Court in Matrimonial Proceedings

Ground for Divorce

There is only one ground for divorce recognised in Singapore: an irretrievable breakdown of the marriage.

What is required is the impossibility of reconciliation and finality in intention.

• If you decide to apply for divorce, the onus is on you to prove ONE of the five possible situations as laid down in s 95(3) of the Women’s Charter.

There are 5 facts to prove “irretrievable breakdown” grounds for a foreigner to divorce in Singapore, which are as follows:

• Adultery: When the defendant commits adultery, and the plaintiff (i.e. the person seeking divorce) finds living with the defendant intolerable.
• Unreasonable Behaviour: When the defendant has behaved in such a way that the plaintiff cannot reasonably expect to live with him.
• Deserted: When the defendant has deserted the plaintiff for at least 2 years preceding the divorce proceedings.
• Separation of at least 3 years: Preceding the file for divorce and the defendant consents to the divorce (e.g. for simplified uncontested divorce).
• Separation of at least 4 years: Preceding the divorce proceedings and the defendant does not consent to the divorce (e.g. for contested divorce).

FAQs about Divorce in Singapore for Expats

How Do I Divorce if My Spouse is Overseas?

As mentioned above, should you meet the requirements of divorce in Singapore, you can file for the same here, even if the other party is overseas. However, if the other party commences divorce proceedings overseas simultaneously, You may apply for a stay application to suspend the overseas proceedings if you insist they be heard here.

The Singapore court will decide whether the case should be heard in Singapore or abroad. The Singapore court considers various factors, including the location of both parties’ assets and the location of your children (if any). If the application is successfully stayed, you can continue the divorce proceedings in Singapore accordingly.

Nevertheless, if you obtain a foreign divorce order, you can have it recognised in Singapore to dissolve your marriage.

Is a Marital Agreement from Overseas Valid in Singapore?

If the Marital Agreement contains a jurisdiction clause providing that it is subject to a foreign jurisdiction, the Agreement is generally not binding in Singapore. Be that as it may, the Singapore Court may consider parties’ intentions as reflected in the Agreement. In particular, regarding the division of assets, the Court has the discretion to decide on a just and equitable division.

Read more: Division of Matrimonial Assets – What the Court Will Consider

Are there advantages if I choose to divorce in Singapore?

• Generally, within a month of filing for divorce, you will receive a hearing date.
• Able to immediately file for divorce (i.e., you do not need to separate for a fixed period before filing for divorce).
• Singapore is a fused system, and you avoid barrister costs.
• A favourable exchange rate means your dollar will go further.
• Adulterous defendants are not automatically punished or penalised by the Court.

Read more: Foreigner Divorce in Singapore – What an Expat Should Know

Legal Representation

Overall, foreigner divorce in Singapore can be emotionally and legally challenging. The legal implications of a cross-border divorce tend to be complex, so clearly understanding the potential issues and how to address the legal concerns will help you deal with them effectively.

Divorce cases involving expats are unique and require a customised approach. At Gloria James-Civetta & Co, our international divorce lawyers offer sound legal advice to Expats living in Singapore and clients from other jurisdictions.

GJC Law credits our Vice-Head of Family & Matrimonial Law Practice, Sara Aziz, for her guidance.

Real Estate, Financing & Divorce

High Net Worth (HNW) and Ultra-high Net Worth (UHNW) individuals have many complex challenges during a divorce, of which one of the most significant is Real estate. Some of the complexity centres around:

• How commercial and residential assets are divided between the parties globally
• New home(s) required for one or both of the parties
• How these real estate assets are financed
• Taxation considerations and implications

In many cases, even with HNW and UHNW families, there will be debt secured against real estate to leverage the assets and provide the highest return on investment. When assets are split between parties and the ownership changes this will normally trigger a requirement to refinance, which can prove a difficult process to navigate.

If refinancing is not arranged, then the court may be left with having to order the sale of the asset. A forced asset sale could financially adversely impact the parties if it is not a good time to sell the asset and there is time pressure from the court to sell it quickly.

Furthermore, If there is a requirement to purchase one or more new residential homes financing these new homes can have added complexity if one of the spouses does not have a regular income.

In such situations, family mediation is a great way to discuss matters such as alternative financing options, to try and reach an amicable resolution if possible to stay out of court and save on legal fees.

These financing requirements are challenges that can be overcome with an experienced debt advisor such as the team at Arc & Co.

Arc & Co. is an independent full-service real estate debt advisory business with offices in London, Singapore, Monaco and Switzerland.

We can assist people going through a complex divorce settlement to restructure the debt on current and new real estate assets to ensure that your full portfolio is financed optimally.

Divorce In Singapore For Foreigners Married Overseas

Having journeyed with clientele from different backgrounds, our International Divorce Lawyers understand the applicable laws in cross-border divorces where you may be considering divorcing in Singapore but have married overseas.

“Our expertise is divorce with an international cross-border element.”

Where do you start?

This article will explore some preliminary information you need to understand about cross-border divorces.

Can you divorce in singapore?

To be eligible to commence divorce proceedings in Singapore, either of the following criteria needs to be met: –

1. Parties must be married for at least three years prior to the filing of a Writ for Divorce in the Singapore Family Justice Courts; AND
2. One party to the marriage is a Singapore Citizen; OR
3. One party to the marriage has been habitually residing in Singapore for at least three years before proceeding proceedings.

In the event neither party has not habitually resided in Singapore for three years, the party who wishes to commence divorce proceedings may consider showing his/her intention to be domiciled in Singapore. This means that he/she has to show the following: –

1. A voluntary residence as an inhabitant rather than a casual visitor;
2. His/her intention to remain in Singapore indefinitely.

This will depend on the facts of the case that our specialist divorce Lawyers will assess. A typical example to show the same would be shifting a party’s substantial assets to Singapore.

Documentation Required

As part of the procedural requirements when submitting the divorce documents to the Court, one of the documents required is a copy of the parties’ marriage certificate in English.

In the event parties’ marriage certificate is not in the English language, a translated copy of the English language’s marriage certificate is required.

Related Article: Documents Required to File for Divorce in Singapore

Exceptional Depravity

If parties have not been married for at least three years, you can only commence divorce proceedings if you have obtained the Court’s permission to do so.

To obtain the Court’s permission, you must prove “exceptional depravity” or “exceptional hardship.”

What constitutes “exceptional depravity” or “exceptional hardship” depends on the facts of the case.

Our matrimonial Lawyers can evaluate whether your circumstances meet the legal threshold of “exceptional depravity” or “exceptional hardship.”

The Alternative

You may wish to consider entering into either of the following:

1. Deed of Separation,
2. Post-Nuptial Agreement or
3. Marital Agreement

These agreements will set out parties’ respective rights and obligations until they are eligible to divorce in Singapore. Our expat and international divorce lawyers can assist in the drafting of these agreements.

Are you considering divorcing in Singapore but hold an overseas marriage certificate? Do you have queries on cross-border elements that you wish to clarify? At Gloria James-Civetta & Co, our Divorce Lawyers specialise in cross-border divorces and can advise you comprehensively to protect your rights.

All You Need To Know On Preventing Child Abduction

Under the Women’s Charter (Cap 353), your spouse/ex-spouse is required to seek your consent or obtain the permission of the court before removing your child from Singapore.

If your spouse/ex-spouse is going to bring or has brought the child out of Singapore without your consent, that could amount to child abduction. We understand how terrifying this experience might be. Hence, we will share with you the ways to prevent the removal of your child.

Application to the Immigration and Checkpoints Authority (“ICA”)

Our International Divorce Lawyers can assist with you obtaining an injunction, which is a court order that will prevent your ex-spouse from removing the child from Singapore. Once you have obtained the Court Order, you can apply to the ICA for assistance.

• Step 1: You will need to sign an Undertaking in the prescribed Form 190A of Appendix A to the Family Justice Court’s Practice Directions.
• Step 2: File the Undertaking through e-Litigation under the document code “Other Supporting Documents“.
• Step 3: After the Undertaking has been filed, send the extracted Court order and the Undertaking to ICA’s email: ICA_FJC_Notification@ica.gov.sg during the ICA’s working hours:

  Mondays to Fridays: 8am to 5pm
  Public Holiday Eves: 8am to 12pm
  Saturdays, Sunday and Public Holiday: Closed.

  The ICA will not provide assistance to stop the child from being taken out of Singapore if the above steps are not complied with. Our Experienced Divorce Lawyers can assist in making this process an expedient one in this critical period of tight timelines.

• Step 4: Send a copy of the email sent to ICA containing the extracted Court order and the Undertaking to your spouse/ex-spouse or their solicitor’s email.

Make an application for interim custody, care and control over your child

Concurrent with an application for an injunction to restrain your spouse from removing the child from Singapore, you can make an application for Interim Custody, Care and Control (“ICCC”) over your child while the divorce proceedings are ongoing.

To apply for an ICCC order, you must submit an application to the Court under the Guardianship of Infants Act (“GIA”). This application must include the following:

• the current care arrangements for your child, such as their schooling and living arrangements;
• why an ICCC order is necessary to govern the future care arrangements for your child; and
• the orders for custody, care and control which are being requested.

In deciding whether or not to grant the application for ICCC, the court has one paramount consideration: the welfare of the child.

Hence, it has to be shown that the ICCC is in the best interests of your child. While there is no definitive scope for the term ‘welfare’, you can find out more about it by speaking to our experienced Divorce Lawyers.

Talk to your spouse/ex-spouse

It is important to communicate with your spouse/ex-spouse on the custody, care, and access arrangements for the child. Try to discuss and reach a compromise on the child’s welfare.

Read more: Commencing Court Proceedings Against an Ex-spouse who has Abducted your Child

Talk to our Experienced Divorce Lawyers

We understand that communication could be difficult if you and your spouse/ex-spouse share an acrimonious relationship. In such a situation, our international divorce lawyers are here to negotiate for you and are here to assist you with the various procedural issues.

Commencing Court Proceedings Against An Ex-spouse Who Has Abducted Your Child

Under the Women’s Charter (Cap 353), your ex-spouse is required to seek your consent or obtain the permission of the court before removing your child from Singapore.

If your ex-spouse has brought the child out of Singapore without your consent, that amounts to child abduction. We empathize with your fear in such a situation. Hence, we will share with you the process of applying to the Court for the return of your child.

Making a Hague Convention Application in Singapore

The first way to get your child back is to bring a court action to invoke the Hague Convention (“HC”) within one (1) year of your child’s removal, either in Singapore or the country to which your child has been taken to. HC is an international treaty that protects children from international abduction.

It provides a legal avenue for you to:

• Seek the return of your child who has been wrongfully removed from Singapore; and/or
• Make arrangements for securing the effective exercise of rights of access to the child.

However, only some signatory nations have adopted the HC. Some of the signatory countries include Singapore, United States of America, Australia, Germany, United Kingdom, Japan, South Korea etc.

Hence, you are only able to invoke the HC if your child has been taken to these signatory countries. If you cannot locate the country where your child has been taken to, speak to our international divorce lawyers to check.

The Procedure

• Step 1: File an Originating Summons in Form 213 and a Supporting Affidavit in Form 215 of Appendix A of the Family Justice Courts Practice Directions (“FJCPD”) through the e-Litigation system.
• Step 2: Serve on the other parent the HC application and other supporting documents.
• Step 3: Send a copy of the application to the Central Authority of Singapore and to any court where there might be pending proceedings to the custody, care and control or access of your child. Failure to do so would result in that court not hearing your application.
• Step 4: Once the required affidavits are filed and application is ready for hearing, your case would be heard before a District Judge.
• Step 5: To successfully invoke the HC, you must prove that your child was a “Habitual Resident” in Singapore before being wrongfully removed to another signatory nation. While the term “Habitual Resident” is not defined, the court will take these factors into consideration to determine your child’s habitual residence:
  • Whether your child’s ordinary residence or home is in Singapore?
  • Whether you and your ex-spouse intended for your child to be a habitual resident in Singapore?
  • Whether your child attended school in Singapore?
  • Whether your child had caregivers who are based in Singapore?

These factors turn on the extent of how settled your child is in Singapore prior to the removal and are by no means exhaustive. Speak to our Lawyers who can assist you in making this complicated process a seamless and expedient one.

• Step 6: Once your HC application is approved, you will have to forward a copy of the court order to the Central Authority of Singapore within seven (7) days and enforce the order for your child to be returned.
• Step 7: Following which, you will need to file for custody orders in Singapore to determine who should have custody over your child. If the HC application did not succeed, you may have to commence separate proceedings domestically in the signatory nation.

Read more: Child Abduction – What If My Spouse Takes my Child to Another Country?

Alternative strategy if the Hague Convention is not applicable

If your ex-spouse has taken your child to a non-signatory country to circumvent the HC, having your child returned would be more challenging. Although it seems like a possibly unfamiliar and tumultuous process, many non-signatory countries still prioritize the welfare the child and have measures or laws in place to tackle international abduction.

One example of such a country is India. For example, although India is not a signatory, under Art 226 of the Indian Constitution, you will be able to petition to India’s High Court to issue a Writ summoning your ex-spouse and your child in Court.

Even though it is extremely distressing to learn that your child has been forcefully relocated to a non-signatory state, there are still ways to get your child back to Singapore if it is in his/her best interests to return. Speak to our divorce lawyers to find out more about how we can assist you in the safe and proper return of your child.