Division Of Matrimonial Assets In Singapore For Foreign Divorces

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 country ¹.

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:

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 party’s home country.

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 the court for financial relief, or before the divorce, annulment, or judicial separation is effective.

“Domicile” is a complex legal concept, but in layman’s terms, it is the country that the person treats as their permanent home. A person who is a citizen of Singapore will be deemed, until the contrary is proved, to be domiciled in Singapore.

To be “Habitually Resident”, one must be able to prove his or her residence for one year. Short absences (such as work trips or holidays) do not break the continuity required.

Adapted from JURISDICTION OF COURT IN MATRIMONIAL PROCEEDINGS .

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 international divorce lawyers who will be able to assess your case to see if you are eligible to apply for financial relief in Singapore.

What Happens If There Are Properties Or Assets Abroad?

What Happens to Overseas Property in a Divorce?

What happens to our property overseas in a divorce?

One of the issues that crop up during a divorce is the division of matrimonial assets. The definition of “matrimonial assets” can be found in Section 112(10) of the Women’s Charter as follows:

1. any asset acquired before the marriage by one party or both parties to the marriage —
   1. ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter or transportation or for household, education, recreational, social or aesthetic purposes; or
   2. which has been substantially improved during the marriage by the other party or by both parties to the marriage; and
2. any other asset of any nature acquired during the marriage by one party or both parties to the marriage,

The same principles apply to assets overseas, which can include the parties’ matrimonial home overseas and other property such as a car, jewellery, shares, and savings that are held in a foreign country.

Once the Court has ascertained that the property overseas should be considered a “matrimonial asset” and included in the pool of assets to be divided, the Court will then determine the appropriate proportions in which the division should take place according to the factors listed in Section 112(2) of the Women’s Charter.