For expats considering getting a divorce there may be various considerations in deciding whether doing so in Singapore will be advantageous in terms of cost or placing you in a favourable position in the division of matrimonial assets. The following information seeks to address certain questions one may have in mind when deciding to file for divorce in Singapore.

Eligibility:

Not all divorce cases will be heard by the Singapore court. One must meet the following criteria:

1. Either spouse is domiciled in Singapore or habitually resident in Singapore for 3 or more years
2. You have been married for more than 3 years
3. You can show that the marriage has broken down irretrievably

Duration:a

Obtaining an Interim Judgment can take around 5 to 6 months following which there is a mandatory 3-month period before the Final Judgment can be granted.

Cost:

Whilst the complexity of the case can affect costs, you may stand to gain from favourable exchange rates. Furthermore, Singapore uses a fused legal system such that you will be charged only 1 set of legal fees compared to 2 sets in other countries (e.g. UK with the barristers and solicitors system). In contested cases, it should be noted that mediation is compulsory in Singapore which may prove to be more cost effective should mediation be successful between you and your spouse.

Matrimonial Assets:

Different countries have varying ways of dividing matrimonial assets. In Singapore, the ratio of division is determined by factors such as indirect and direct contributions to the accumulation of assets, the needs of parties involved, agreements made by parties involved and so on. Beyond determining if filing for divorce in Singapore will be favourable for you in terms of division of matrimonial assets, it is important to ensure that the divorce judgment obtained in Singapore can be enforced in countries where the assets are owned. It is therefore essential that you contact a good international divorce lawyer to work out such details.

If you need legal advice before proceeding to divorce, you should engage a family law specialist. GJC Law has highly experienced lawyers who have dealt with a wide range of divorce matters. Should you wish to schedule a free initial consultation with us, please contact GJC Law at 6337 0469, or email consult@gjclaw.com.sg.

Separation under one roof is when you and your spouse separate but continue living in the same home.

If you and your spouse have lived in the same home during part or all of the required 3 years separation period, you need to provide evidence of this to the Court.

Under Singapore law you and your spouse may live together under the same roof but need to show the following:

• a change in sleeping arrangements between you and your spouse
• reduction in shared activities or family outings
• decline in performing household duties for each other
• financial independence; for example, separate bank accounts, and
• other evidence to show that the marriage has broken down; for example, notifying family and friends of your separation.

Further to this, separating couples may choose to enter into a Deed of Separation if they wish to live separate lives before applying for divorce.

A Deed of Separation sets out the date on which parties decide to separate, and the terms on which they shall organise their affairs during this period of separation.

If you have any questions, please call Ms James on 6337-0469 or email her, she will do her best to give you immediate free advice on the divorce process in Singapore so that you can put your mind at ease and alert you as to what immediate steps should be taken.

It is often very difficult to give a straightforward answer as to what happens in an international divorce case. Many questions come to mind and they need to be addressed immediately.

 – So what happens if your marriage breaks down in Singapore?
 – Can you return to your home country with the children?
 – Would the financial settlement favour you in Singapore or back home?

Divorce is not something one would plan whilst living overseas but if it is inevitable, then you need to equip yourself with as much information as you can on the divorce processes both in Singapore and in your home country.

When it comes to Finances (division of assets and maintenance), Singapore Courts operate on the principle of what is ‘just and equitable’ and look at the direct and indirect contributions of each party towards the marriage. Pre-marital assets are generally not seen as joint assets. Prenuptial agreements are binding only the financial aspects of a marriage. The Singapore Courts have the power to look into any agreements entered between parties before giving their endorsement or otherwise.

When it comes to Children matters, custody care and control and access are issues to be dealt with. Parties are encouraged to do what is in the best interest of the children. It is all about the children’s welfare being the paramount interest and not of the parties.

As a family lawyer, I have handled many international divorces over my 20-year legal career. If you have any questions, please call me on 6337-0469 or email me, I will do my best to give you immediate free advice on the process so that you can put your mind at ease and alert you as to what immediate steps should be taken. You can also make an appointment to see me.

Foreign marriage jurisdiction

If you started divorce proceedings in Singapore, and your spouse started proceedings in a different country (or vice versa), the courts must then decide which country the divorce will take place in: this is known as the forum conveniens.

Spiliada test

The forum conveniens is decided upon by a two-stage test. This test was first created by Lord Goff, in the case of Spiliada Maritime Corp v Cansulex Ltd:

Stage one: The party seeking the stay (ie, the Husband) must show that there is another available forum that is clearly or distinctly more appropriate than Singapore to determine the dispute. The court will take into consideration connecting factors, such as factors affecting convenience or expense (eg, availability of witnesses), the law governing the transaction and the places where the parties reside or carry on business.

Stage two: If there is another forum which is more appropriate, the court will ordinarily grant a stay, unless there are special circumstances by reason of which justice requires that a stay should nevertheless be refused. At this stage, the burden shifts to the plaintiff to show such special circumstances.”

In stage one, it is the burden of the person who disagrees with the country to prove:

1. What other country is a better place to decide the divorce
2. Why the other country is better (by drawing ‘connecting factors’ between the divorcing parties and the ‘better’ country)

If the other party disagrees, the onus is on them to prove why there are special circumstances why the current country (and not the ‘better’ one) should be used.

Connecting Factors:

Below are some examples of ‘connecting factors’ that the court will take into account when disputing the forum conveniens:

• Who submitted divorce proceedings in their country first
• Which jurisdiction any prenuptials/court orders/other matters were decided in?
• What is the cost of bringing/accommodating expert witnesses into the country
• Which party will be more financially strained if the proceedings were carried out in the country not of their choosing?
• Where and how the marriage was registered and lived
• How the parties conducted their personal relationship as husband and wife
• Where is the child most comfortable?
• Where were the finances and assets held? (Where is the evidence located?)
• What was the Citizenship of the parties and the child?
• Which court is faster? (If its in best interests of child to have earlier determination)
• Intentions of the parties for moving proceedings elsewhere
  • i.e. husband initially had no problems with Singapore court until he realized it was too slow for his taste
• Connections of the parties to the countries (i.e. by birth, domicile, citizenship, etc.)
  • Also, whether the parties willingly severed their connection with any of the countries involved

The court places different emphasis on different factors – i.e. the nationality of the parties is of little significance, and the court prefers to look at where the parties chose to live, and where they consider home.

The intricacies of deciding forum conveniens can be difficult to grasp. Our Principal Partner and Matrimonial Law Specialist Ms Gloria James is able to advice on complicated jurisdictional cross-border matters. When family mediation fails, it is important to know which aspects of your family are important in the eyes of the court.