Muz it be 3 yrs before we can get a divorce?
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Hihi , have got a legal question to ask cuz not very sure.
Is it true that in SG, the couple must be married for at least 3 years before they get divorced? Are there any exceptions?
thanks! -
SINGAPORE DIVORCE LAW INFORMATION
(Supplied by the Family Court of Singapore)
QUESTION:What are the reasons ("grounds") on which I can get a divorce?
The court will only grant you a divorce if it is satisfied that your marriage has "irretrievably broken down". In order to prove that your marriage has "irretrievably broken down", you must be able to show the existence of at least one of the following facts ("grounds"):
(a) That your spouse has committed adultery (i.e. had consensual sexual relations with a person other than yourself), and that you find it intolerable to live with him/her; and/or
(b) That your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her (for example, your spouse has committed family violence against you); and/or
(c) That your spouse has deserted you for a continuous period of at least 2 years just before you start your divorce proceedings; and/or
(d) That you and your spouse have lived apart for a continuous period of at least 3 years just before you start divorce proceedings, and your spouse agrees to the divorce; and/or
(e) That you and your spouse have lived apart for a continuous period of at least 4 years just before you start divorce proceedings. In this case, your spouse does not need to agree to the divorce.
Note that for a) above, if you continue to live with your spouse for more than 6 months after you discover the adultery, you cannot rely on adultery to petition for a divorce.
For c) above, desertion means leaving you without your agreement and without any reasonable cause. In exceptional cases, where your spouse has without reasonable cause driven you out of the home and continues to exclude you from the house for a period of two years, that can also constitute desertion by your spouse.
For d) and e) above, "living apart" requires the intention of staying apart from each other with the view of ending the marriage, as well as the physical act of staying apart. However, you may still be considered as staying apart even if you and your spouse are staying at the same address, if you and your spouse have led completely separate lives and have separate households (i.e. not staying in the same bedroom, not having sexual relations, not doing any household chores such as cooking, washing, cleaning, ironing, etc. together, or for each other; not having meals together as a family; not going out together as a family, etc.) for the required length of time, for the purposes of obtaining a divorce based on three or four years' separation.
QUESTION:My spouse and I got married overseas/My spouse and I have not lived in Singapore for many years--can we still get a divorce in the Singapore courts?
You can get a divorce in the Singapore courts even if you got married overseas, or if you do not live in Singapore, so long as:
(a) Either you or your spouse has lived in Singapore for a period of 3 years just before your divorce proceedings start; or
(b) Either you or your spouse is "domiciled" in Singapore at the start of your divorce proceedings, i.e. that Singapore is your permanent home. A Singapore citizen and a Singapore permanent resident is assumed to be "domiciled" in Singapore, unless the contrary is proved.
But even if you can prove one or both of the above factors, your spouse may argue that it would be more appropriate for the divorce proceedings to be dealt with in another country, for various reasons, for example, because you are both citizens of that country, and are intending to return there to live permanently in a short while. -
How to Divorce?
However, if you are certain you wish to proceed with a divorce, there are several requirements which you will have to meet before a Court will order a divorce:
You must have been married for at least 3 years before you can petition (apply) for a divorce. However, you may petition for a divorce before 3 years of marriage if you have suffered exceptional hardship or if your spouse has been exceptionally unreasonable and cruel;
You or your spouse must be a permanent resident of Singapore at the commencement of the divorce proceedings. Alternatively, either of you must have resided in Singapore for 3 years immediately before the commencement of divorce proceedings; and
Your marriage has broken down irretrievably. -
Petition for a Divorce
The Court will only be satisfied that your marriage has broken down irretrievably if the Petitioner (the person suing for divorce) proves one or more of the following grounds :
ADULTERY
The Respondent (the person being sued) has committed adultery with another person (the Co-respondent) and the Petitioner finds it intolerable to live with the Respondent;
UNREASONABLE BEHAVIOUR
The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with him/her;
DESERTION
The Respondent has deserted or left the Petitioner for a continuous period of 2 years without any intention of returning;
SEPARATION FOR 3 YEARS
The Petitioner and Respondent have lived apart for a continuous period of at least 3 years and the Respondent agrees to a divorce; or
SEPARATION FOR 4 YEARS
The Petitioner and the Respondent have lived apart for a continuous period of at least 4 years. No consent is required from the Respondent.
How to Petition for a divorce>>>
See a lawyer for advice and assistance. You will be advised if you have any of the above factors on which you can petition for a divorce. The lawyer will then prepare all the necessary legal documents on your behalf.
In a divorce proceeding, the parties may apply for :-
maintenance;
custody; and
other ancillary matters for example the division of matrimonial assets, including the matrimonial home.
In deciding on the division of matrimonial assets, the Court will take into consideration various factors including:
the extent of contributions made by each party in moneys, property or work towards the acquiring of the assets;
any debts owing by either party which were contracted for this joint benefit; and
the needs of the minor children (if any) of the marriage.
Please see article on Custody and Maintenance for more information.
Please take note that you should organise all the documents you have in support of your claim as these will have to be shown to the Court. Documents will include CPF Statements and Income Tax assessments. -
When u are sued for Divorce
You will be served with the Divorce Petition together with several other documents. You should consult a lawyer if you are unsure as to the implications and procedures.
If you wish to contest the divorce, you should state so in the Memorandum of Appearance sent to you and then file an Answer. These documents have to be filed in Court and served on the Petitioner's lawyers.
Even if you do not wish to contest the divorce, you can still dispute the Petitioner's claims for custody, the matrimonial property, maintenance and legal fees. If the Petitioner is your husband, you may wish to claim for maintenance.
You must comply with the legal procedures and the time limits stipulated. The Notice of Proceedings served on you states clearly the procedure which you have to follow. Please consult a lawyer for assistance.
Hearing of the Divorce>>>
If the divorce is not contested, both the Petitioner and the Respondent will be given a day to appear in Court. The Petitioner will be required to confirm all the statements in his/her Petition.
If the divorce is contested, both the Petitioner and the Respondent will be required to appear in Court to give evidence to support their claims. Such proceedings are usually lengthy and may prove to be unpleasant.
After hearing the evidence of the parties, the Judge will decide on the disputes and claims of the parties.
Once the Judge is satisfied that there are sufficient factors which show an irretrievable breakdown of the marriage, the Judge will grant a Decree Nisi, which is an interim divorce order.
A Decree Nisi will usually be made final after all questions relating to custody, maintenance and other ancillary matters have been settled. Generally, a Decree Nisi will only be made final or Absolute after 3 months. Only when the Decree Absolute has been granted can either party marry again. -
If you wish to live apart permanently but do not wish to commence divorce proceedings for various reasons, then you may make an application to Court for judicial separation.
A Decree of Judicial Separation granted by the Court does not allow you to remarry. Your marriage has not been dissolved. However, you would be entitled to similar claims as in a divorce, e.g. custody, matrimonial assets.
Nullity>>.
You may apply to Court to nullify or cancel your marriage in some circumstances, for example :-
if at the time of your marriage, your "spouse" is already married;
your "spouse" has refused to consummate the marriage;
the marriage has not been consummated because you or your "spouse" are/is incapable of consummating it;
if at the time of your marriage, your "spouse" is suffering from venereal disease.
The above grounds are not exhaustive. Please consult a lawyer if you require further information.
Separation
You may wish to be separated from your spouse for a period of time before you decide on a divorce. In this case, you may sign an agreement called a Deed of Separation which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. It would be advisable for you to consult a lawyer to draft the Deed of Separation.
You may decide to reconcile with your spouse after signing the Deed of Separation. Alternatively, you may proceed with your divorce after 3 years (if your spouse consents) or 4 years (if your spouse does not).
If you cannot afford a lawyer, you may apply to the government-run Legal Aid Bureau for assistance. The Legal Aid Bureau is situated at :-
1 Colombo Court #03-01
Singapore 179742
Tel: 336 1203
Please note that you have to pass a Means Test to qualify for assistance from the Legal Aid Bureau. The Means Test is a procedure to ascertain your financial position. -
ah ma.... how come you know everything huh?
hahaha -
it's called cut and paste...
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Maybe ah ma does legal consultation for people at Senior Citizens' Corner every week.
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heh so old liow still divorce...?Originally posted by xavier1979:Maybe ah ma does legal consultation for people at Senior Citizens' Corner every week. -
My dear is really the divorce expert
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wah!!! then i need to call D3athwish ah gong liao ah?Originally posted by D3athwish:My dear is really the divorce expert -
choy he siao one ignore him..Originally posted by e|mo:wah!!! then i need to call D3athwish ah gong liao ah? -
Thanks xiao long nu...~! really appreciated it =)
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Wah, Ah Ma is a lawyer????
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You owner of Killer Company, she owner of Legal Firm Company... You SO FREE go and dig thread?Originally posted by Honeybunz:Wah, Ah Ma is a lawyer???? 