by Umesh admin

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.

by Umesh admin

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.

by Umesh admin

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.

by Umesh admin

How Therapy Can Be Help During The Divorce Process

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 the 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 and 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 to 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 be 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

by Umesh admin

Foreign Students Studying In Singapore During Covid-19

by Umesh admin

International Prenuptial Agreements In Singapore

Is my International 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 acknowledges 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 international family lawyers can help you navigate the complex legal waters to draft an international pre-nuptial agreement that suits your needs.

by Umesh admin

Child Abduction: What If My Spouse Takes My Child To Another Country?

by Umesh admin

What Legal Issues Does An Expat Face During Divorce In Singapore?

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
• mutual agreement

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 a 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.

by Umesh admin

Stay Proceedings In Singapore: Forum Non Conveniens

by Umesh admin

Child Abduction – Preventative Steps To Be Taken