Divorce 101: Essential Divorce Law Facts

By Edward White


Divorce is the legal process involved when a husband and wife would want to terminate their marriage. The process itself involves quite a few stages, each managing specific issues until everything, such as child custody, is agreed in the most orderly way possible. Here are some of the most significant issues on divorce you should know if you are planning on filing one.

First, what is the legal basis of divorce in Singapore? The divorce law of Singapore is included in the Women's Charter, while the Family Court is the one which will hear all applications and place appropriate judgments. Prior to all these, however, parties are encouraged to read about the divorce law first (available online at the Singapore Statutes Online website) to find out their eligibility.

Who can and cannot apply for divorce? The Family Court allows Singapore citizens to file for divorce, as well as those who have resided in Singapore for at least three years before their application, or those who are domiciled in the country. Those who were married for less than three years are only eligible right after getting the Court's due permission. Those who were married under Muslim law, or are Muslims, are not eligible for divorce.

How would the divorce process go about? Divorce has 2 main stages. The first one is the Interim Judgment of Divorce, and it is granted by the Family Court. The second is ancillary matters, and takes care of property, child custody, as well as maintenance issues. You will require a qualified divorce lawyer to speak for you during the whole proceedings.

What are the court's bases for giving an Interim Judgment of Divorce? Prior to giving the Interim Judgment of Divorce, the judge of the Family Court should find sufficient cause to agree that your marriage is already broken down. In order to sway judgment to you, you need to prove to the court that one or more of these is true: first, that your spouse committed adultery and that living together as an effect is already out of the question. Second, your spouse's behaviour does not warrant that you both live together any longer. Third, your spouse has deserted you for a minimum of two years. Fourth, the choice to apply for divorce is mutual, and that you and your spouse are already separated for a minimum of three years. Fifth, you're already separated for no less than four years if your spouse does not agree to the divorce.

To breeze through the process, you have to hire a capable law firm to take care of your different needs by offering qualified practitioners, such as criminal lawyers, civil lawyers, and company lawyers apart from divorce law experts. If you tap the services of these professionals, you ensure the legality of all your decisions as well as its implications.




About the Author: