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Singapore Family Lawyers: 30 Years of Serving the Heartlands
Work with an award winning team
PKWA Law has been recognised in The Straits Times ranking of “Singapore’s Best Law Firms 2025” for the fifth consecutive year.
For the 8th consecutive year we were recognised by Doyles as a leading family law firm in Singapore.
For the 5th year in a row we have been named as a leading Family law firm in Benchmark Litigation 2024 awards.
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We've consistently received positive reviews from our clients on our service and results.
Some of the cases we have won
In a high-profile case that was reported extensively in the Straits Times in October 2022, we successfully acted for the wife in a High Court divorce case where the ex-husband had “gone all out to hide over $3 million” from her.
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We won a Court of Appeal case which awarded our client 75% of $13.6 million in matrimonial assets, up from 25%. The swing in matrimonial assets from $3.4 million to $10.2 million in favour of our client is arguably one of the highest in divorce history in Singapore.
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Our family law team achieved a significant victory by securing over $6 million in matrimonial assets for a homemaker wife in a divorce case that spanned six years.
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Why do clients choose us?
We have over 30 years of history, and more than 100 employees. We are an established family law firm you can count on.
Our fees are fixed and affordable from the outset so that you can have peace of mind from the get-go.
We have excellent reviews and testimonials from numerous clients across various independent platforms.
Our team are consistently recognized as leading lawyers by the Straits Times, and other leading publications.
We are trusted by leading corporations such as DBS, OCBC, UOB, Maybank, HSBC, Citibank, and CPF Board.
We usually offer a free first consultation so you can make an informed decision on whether to proceed.
Recent news and articles
- Extreme physical or mental abuse
- Severe mental distress
- Extreme, cruel adultery
- Adultery, which causes pregnancy
- Homosexuality
Domicile or habitual residence
The second requirement is that either spouse must have been domiciled in Singapore when filing for divorce. Domicile refers to a person's permanent home or residence, and it is necessary to establish jurisdiction for the Singapore courts to hear the divorce case. If both spouses are not domiciled in Singapore, they may still be eligible for divorce if they have been habitually residing in Singapore for at least three years before filing for divorce.The marriage has broken down irretrievably.
This means that the relationship between the spouses has reached a point where it cannot be repaired or reconciled.Simplified or uncontested divorce
A simplified and uncontested divorce refers to a divorce process that is relatively straightforward and where both parties are in agreement on all key issues. This type of divorce is typically faster, less expensive, and less emotionally draining than a contested divorce. It is suitable for couples who have already reached a mutual agreement on ancillary matters. In a simplified and uncontested divorce, the couple can jointly file a divorce application with the Family Court. The court will then review the application and, if satisfied, grant the interim judgment after 4 weeks. Following this, a final judgment will be issued three months after the date of the interim judgment. While the process may seem less complicated, it is still advisable to seek legal advice to avoid any potential pitfalls or future disputes between the parties.What if my spouse refuses to divorce me?
If your spouse refuses to divorce you, it can complicate the process. However, you can still file for a contested divorce in this case. Contested divorces can usually be concluded within 6 to 12 months.A step-by-step breakdown of the divorce process
(1) Filing of divorce petition
The first stage of your divorce proceedings is filing a divorce petition. This involves one spouse (the petitioner) submitting a writ for divorce to the Family Justice Courts.(2) Service of divorce petition to the other spouse
Once the divorce petition is filed, the next stage is the service of the petition to the other spouse (the respondent). The respondent has a specific period to respond to the petition by agreeing to the divorce or filing a defence if they contest it. If the petitioner does not respond within the given timeframe, the petitioner can go ahead with an uncontested divorce.(3) Ancillary Matters
If the divorce is contested, the case moves to the next stage, the Ancillary Matters stage. Ancillary matters refer to the financial and non-financial issues in the divorce process. These matters include the division of marital assets, child custody, child maintenance, and spousal maintenance. At this stage, parties must provide financial disclosure, including assets, liabilities, and income. Mediation or negotiation may be encouraged to reach a settlement. Based on the evidence presented, the court will decide if an agreement cannot be reached.(4) Issuance of Certificate of Final Judgment
Once the ancillary matters are resolved, the divorce enters the final judgment stage. At this stage, the court reviews the case and decides whether to grant the divorce. If the court is satisfied that all legal requirements have been met and there are valid grounds for divorce, a Certificate of Final Judgment will be issued.What counts as an 'irretrievable' marital breakdown?
As mentioned above, an irretrievable marital breakdown is a situation where the marriage has completely broken down and cannot be salvaged. To prove 'irretrievable breakdown,' the petitioner must prove one of the following five circumstances has happened:(1) Unreasonable behaviour
One of the ways to establish irretrievable marital breakdown is through unreasonable behaviour. This refers to behaviour by one spouse that makes it intolerable for the other spouse to continue living together. This ground for divorce is set out in Section 95(3)(b) of the Women's Charter. Examples of unreasonable behaviour include the following (non-exhaustive) list:- Verbal abuse and continual criticism
- Domestic violence
- Compulsive gambling
- Refusing to contribute to household expenses
- Lack of respect
- Alcoholism
- Lack of affection, concern, and care
- Improper association with another party
- Obsessive behaviour
(2) Adultery
If one spouse can provide evidence of the other spouse's voluntary sexual intercourse with someone else, it can be considered a valid ground for divorce. However, it is essential to note that the evidence must be substantial and convincing. If the extra-marital sexual intercourse does not happen, the behaviour is not classed as adultery, regardless of how intimate it was. On top of this , the plaintiff must show it is intolerable for them to keep living with their spouse. The plaintiff will not be able to cite adultery if they have continued to live with their spouse for more than six months after discovering the adultery.(3) Desertion lasting two years
Desertion refers to a situation where one spouse has deserted the other continuously for two years or more without any intention of returning. To prove desertion, the deserted spouse must provide:- Evidence to establish that the other spouse has wilfully and deliberately deserted them without any reasonable cause or excuse.
- Continuous period of desertion for two years, meaning that any attempts at reconciliation or resumption of cohabitation during this period may reset the clock, and the two-year period will need to start again.
(4) Separation for three years (with the defendant consenting to divorce)
The court will grant a divorce if it can be shown that the parties have lived apart continuously for at least three years before commencing the divorce. To prove separation, it is sufficient that the parties live separate lives and don't interact as husband and wife. If both spouses have been living separately for at least three years and both parties agree to the divorce, it can be seen as evidence of the irretrievable breakdown of the marriage.(5) Separation for four years
The final way to establish irretrievable marital breakdown is through a period of separation of at least four years. If the spouses have been living apart for at least four years, regardless of whether both parties agree to the divorce, it can be seen as evidence that the marriage has broken down.If my spouse can't be found, can I still get divorced?
Yes, it is possible to get divorced in Singapore even if your spouse cannot be found. In such cases, you can file for a divorce under the ground of desertion. The court will require you to provide evidence that you have made reasonable efforts to locate your spouse, such as hiring a private investigator or placing advertisements in newspapers. If the court is satisfied with your efforts, they may grant you a divorce even in your spouse's absence. However, it is essential to note that the court will consider the specific circumstances of each case. If your spouse cannot be located and there are no reasonable prospects of finding them, the court may proceed with the divorce proceedings. When your spouse cannot be found, the court may also require you to explore alternative methods of serving the divorce papers. This could include serving the papers through substituted service, where the documents are delivered to a close relative or posted at the last known address of your spouse. The court will assess the adequacy of these alternative methods before proceeding with the divorce.When deciding on the division of assets or child custody, will adultery or unreasonable behaviour affect the court's decision?
When deciding on the division of assets or child custody in a divorce case in Singapore, the court considers various factors, including the conduct of the parties involved. Adultery or unreasonable behaviour can indeed have an impact on the court's decision. However, it is essential to note that Singapore follows a no-fault divorce system, which means that the court does not assign blame or fault to either party for the marriage breakdown. Instead, the court focuses on the practical and financial consequences of the divorce and aims to achieve a fair and equitable outcome for both parties and any children involved. The court will also take into account other relevant factors, such as:- financial contribution of each party
- the needs of the children
- the length of the marriage
- the standard of living enjoyed during the marriage
The timeline
The duration of a divorce in Singapore can vary depending on several factors. Contested divorces with disagreements on various issues, such as child custody, division of assets, or maintenance, can take significantly longer to resolve. The duration of a contested divorce can range from several months to a few years, depending on the complexity of the issues involved and the willingness of both parties to settle. In such cases, the court may need to conduct hearings, gather evidence, and make decisions based on the best interests of the parties involved, which can prolong the process. Uncontested divorces, where both parties agree on all terms and conditions, can take around 4 to 6 months to finalize. This includes the time required for filing the necessary documents, attending mediation sessions (if required), and obtaining the final judgment from the court.How much does a divorce cost?
One of the main costs associated with a divorce is legal fees. The fees charged by family lawyers in Singapore can vary depending on various factors. The complexity of the case, the issues involved, and the approach taken can all impact the overall cost. According to a survey, simplified and uncontested divorce fees in Singapore typically range from $1,500 to $3,500. Meanwhile, contested divorces usually cost between $10,000 to $35,000. Here at Singapore Family Lawyers, with our experience and reputation, we understand that divorces are emotional and stressful. That's why we don't charge clients hourly for simplified divorces. We take pride in being clear and transparent; hence, we offer a fixed-fee package. Our clients will never have to worry about hidden costs while engaging with us. However, we might charge an hourly rate for certain contested divorces. If so, we will offer a fee cap for eligible clients." ["post_title"]=> string(68) "Navigating the Divorce Process in Singapore: Things You Need to Know" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(17) "divorce-singapore" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-08-05 18:01:26" ["post_modified_gmt"]=> string(19) "2024-08-05 10:01:26" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=723" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#8929 (24) { ["ID"]=> int(1177) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2023-10-09 09:46:03" ["post_date_gmt"]=> string(19) "2023-10-09 01:46:03" ["post_content"]=> string(7814) "Divorce by Mutual Agreement in Singapore
From July 1, married couples can cite divorce by mutual agreement as a reason for divorce if they agree that their marriage has broken down irretrievably. This change to the Women’s Charter will allow couples to divorce without blaming each other. Previously, the existing grounds for divorce are adultery, desertion, unreasonable behaviour, and separation for three years with consent and four years without consent. Now, parties can also file for divorce on the ground that they both mutually agree without assigning blame. To apply for Divorce by Mutual Agreement, parties must provide the court with reasons to conclude that their marriage has irretrievably broken down, and show that they have made efforts to reconcile. Ultimately, the court must be satisfied that granting a divorce is just and reasonable, considering all circumstances.Why is divorce by mutual agreement being introduced?
The goal is to lessen conflict and prevent children from being embroiled in tension or arguments when parents throw accusations at each another. It also intends to preserve the mental health of the parties whilst they are going through the divorce.The benefit of divorce by mutual agreement
A benefit of divorce by mutual agreement is there is no need for the parties to live separately, such as in a divorce by separation with consent. This offers "therapeutic justice" to the family justice system, less disruption to the children, and does not go against parties should they still live together.How divorce by mutual agreement can make the process better for everyone
The children will benefit. They won’t hear or read about their parents blaming each other for their divorce. It is not uncommon for some people's mental health issues to be caused by childhood trauma, stemming from how their parents behaved in from of them. As previously discussed, a divorce by mutual agreement does not require parties to live separately. This allows children to have more regular contact with their parents. It provides the parents more time to source alternative accommodation and get their finances in order. This also saves being compelled to make rash decisions for fear of delaying the process. The divorce petition will take considerably less time, expense, and effort to produce than the other grounds for divorce. This is because there is less finger pointing regarding the unreasonable behaviour of one party. The smoother the process, the less stressful the divorce will be. Arguing over who is in the wrong and who is in the right will only cause further acrimony. Stepping away from blame may also preserve the parent's inclination from tainting their children's view of the other parent. Not only would stepping away from blame prevent stress, but it also would prevent disagreements to the terms suggested by either party. The grounds which constitute 'blame' can upset the other party as they would naturally become defensive. The accused party could then dispute the divorce, either slowing down or, in the worst cases, denying the divorce altogether. If this happens, and the opposing party rejects accusations of unreasonable behaviour, a judge may decline to break the marriage. So, although divorce by mutual agreement is more amicable and offers a smoother resolution, it does not necessarily mean the divorce will be without contention, emotion, or resistance.How long will it take to be granted a divorce?
It remains that to be eligible to file for a divorce; the couple must be married for at least three years. This is applicable in all cases, no matter the grounds relied upon. Once all terms are agreed upon, there is a three-month reflection period before the divorce is finalised. This reflection period allows both parties to decide whether the divorce is indeed what they want. The timescale of the divorce process largely depends on whether the divorce is contested or uncontested. A divorce is contested when parties cannot agree to all terms and issues amicably. Therefore, a court's involvement is required, as a judge will decide on the matters the parties cannot agree on. A contested divorce can take up to a year or more from start to finish. An uncontested divorce is a divorce where both parties agree to the divorce, and all ancillary matters of the divorce are agreed upon mutually. An uncontested divorce can be concluded from start to finish in four months. An uncontested divorce is often the less stressful and cheaper route rather than a contested divorce. Although you may pursue a divorce by mutual agreement, it does not necessarily mean the divorce will be uncontested. The divorce may become contested due to a disagreement on how child arrangements should be made or how the finances should be split. Should the divorce become contested, you would need a judge to make the final decision on the matters on which each party disagrees.Why you should still use a divorce lawyer in a divorce by mutual agreement
There are two sides to decision-making. There is the emotional side and the logical side. These are two distinct aspects which often do not work harmoniously together. What do we mean by this? When you make decisions based on emotion, it is because of a feeling or a want. It is typically a natural response to a situation which is important to you, whether it upsets you or makes you happy. Take, for example, smoking cigarettes. Logically, you know you shouldn't smoke because it harms your health. However, because of your emotional state, a craving, or a stressful situation, you may still choose to smoke. It is the same with approaching a divorce. Emotion and logic do not necessarily coincide, which results in parties pursuing or agreeing to terms out of emotion rather than logic. This can cause a person to agree to unfavourable terms. It can also cause the whole process to derail.The solution
Our lawyers can guide you through a Divorce by Mutual Agreement, using our expertise to help avoid it becoming contested. Having an experienced lawyer act, and taking an objective stance, means we will apply logic to achieve the best outcome. At the same time, we will take your instructions to understand the situation and what means most to you. We can also assist you in making the correct financial decisions. What you believe to be a good deal at the time may not be enough for you to live on in the future. Matters such as earning capacities and future expenses are sometimes difficult concepts to grasp and understand. Getting the best legal advice and knowing you are receiving the most out of the divorce, you will also achieve greater peace of mind. The preparation of documents can be difficult and stressful. Our lawyers have years of experience helping people prepare their documents succinctly and accurately. Having advice and help with negotiations on when to insist on terms and when to make concessions to get the things which are most important to you may be invaluable. Letting us take the reins will free up your time and allow you to continue working and being part of your children's life. We can also advise you on making the best care arrangements for your children. Should the divorce process deteriorate, we can present your case if a dispute or disagreement cannot be amicably settled. We are here to advise, represent you, and make the divorce process as stress-free as possible. Don't hesitate to contact our lawyers if you are considering a divorce in Singapore." ["post_title"]=> string(57) "Divorce by Mutual Agreement in Singapore From 1 July 2024" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(27) "divorce-by-mutual-agreement" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-07-28 08:20:27" ["post_modified_gmt"]=> string(19) "2024-07-28 00:20:27" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=1177" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#8891 (24) { ["ID"]=> int(1612) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2023-06-04 19:41:56" ["post_date_gmt"]=> string(19) "2023-06-04 11:41:56" ["post_content"]=> string(8611) "This article is designed to explain how the law works in relation to inheriting Housing and Development Board (HDB flats). It can be a confusing area of law to understand, and there are many things that can influence the process. For example, it is important to know whether the deceased person left a valid Will when they died or not. Also, does the HDB flat have any other owners? If you—the person inheriting the flat—own other properties or flats, that can also have an impact on the situation. If you are a co-owner of an HDB flat, and the other owner dies, then it's important to understand how the inheritance rules work in this situation. Make sure you know what the implications are for your ownership, and how to protect your affairs. You should always look at the latest policy conditions on the HDB website. HDB's website sets out the prevailing eligibility criteria that proposed flat owners must meet before taking over ownership of an HDB flat. Proposed owners must physically occupy the flat upon the ownership change. The application for a change in flat ownership (not through a sale) is subject to HDB’s approval based on the prevailing eligibility conditions.HDB Inheritance and Religion
This is an important topic as religion may affect the law around inheriting HDB flats, and it varies between Muslims and non-Muslims. The situation can be summarised as follows:- Deceased Muslim flat owner, no Will: Syariah Law Faraid will govern how the HDB flat is dealt with.
- Deceased Muslim flat owner, leaving a Will: only one third of the property can be bequeathed by the owner—the remainder will be distributed by the court, according to the principles of Faraid.
- Deceased non-Muslim flat owner, no Will: the Intestate Succession Act will govern how the HDB flat is dealt with. A beneficiary or relative can ask the court to be appointed as the trustee in order to manage the process.
- Deceased non-Muslim flat owner, leaving a Will: the Will must be proved and executed through the probate procedure. The process should be managed by the appointed trustee or executor, according to the Probate and Administration Act.
HDB Inheritance and Different Types of Property Ownership
Here is a helpful reference guide which explains how different types of property ownership affects HDB inheritance. Co-ownership can complicate matters; be clear on how the property is co-owned:- Joint tenancy
- Tenancy-in-common
- Sole Ownership
The HDB Inheritance process
When an HDB flat owner dies, there are many issues to be resolved, but below is a brief summary. To ensure that the inheritance process is fully complied with, beneficiaries should speak to a lawyer. Death of a joint tenancy owner: in this case, the remaining owner should submit a Notice of Death to the Singapore Land Authority (SLA). They can do this either directly at the SLA, or with the help of the Housing and Development Board. There are certain necessary documents that must be submitted, such as the Death Certificate. Other legal requirements of the Notice of Death are that it must be witnessed by someone of at least 21 years of age, typed and printed. Death of an owner in a tenancy in common: the family of the deceased should engage a lawyer to obtain Grant of Probate. Death of an intestate person: If the deceased died intestate (without a Will) then an application must be made to the court by a lawyer for the Grant of Letters of Administration. Once they have the legal authority from the court to start managing the estate, the administrator or executor should then register their legal right to do so. Documents to be included in the application process are- Original copies of the Grant of Letters of Administration, or Grant of Probate
- The Will
- For Muslim estates: the original Inheritance Certificate from Syariah Court must be included in the application process.
If a Beneficiary Owns Private Property Already
Owners of private property or owners who have disposed of private property within the last 15 months may take over the ownership of an HDB flat if they meet the following:- The existing flat owner has fulfilled the requisite occupation period
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At least 1 of the proposed owners is a Singapore Citizen
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All proposed owners and listed occupiers must continue to live in the flat upon the change in flat ownership.
If the beneficiary is already an HDB flat owner
The proposed owners must not be a current owner or essential occupier of:- An HDB flat
- A DBSS flat, or an Executive Condominium (EC) unit (within its 5-year Minimum Occupation Period) bought from a developer.
If the beneficiary already owns commercial property
In that case, the HDB flat can be kept by the beneficiary, as long as the commercial property they own doesn’t contain a residential component.Possible complications
If the law on HDB ownership is followed correctly, then there shouldn’t be any serious problems. But care should be taken in some specific areas. For example, sometimes an informal arrangement regarding the mortgage means that the owner on paper is not the mortgage payer. The beneficial owner of the flat may be someone entirely different to the name on paper. Sometimes, the person paying the mortgage will have to give proof of these payments in order to protect their interest in the property. This is easy enough if they paid the mortgage out of their CPF (Central Provident Fund), but if they used other forms of income then it may be more complex. HDB ownership amongst siblings can be complicated, as demonstrated in the case of Ong Chai Koon and others v Ong Chai Soon [2021] SGHC. The case did not deal specifically with inheritance, but it does show how hard it can be to prove who pays a mortgage. If you want to stipulate how your HDB flat is inherited and by whom, you should set this out in your Will, otherwise there may be conflict amongst your surviving family members or co-owners. A Will ensures your first choice of person inherits the flat. If you own an HDB flat, speak to a lawyer who practises inheritance law and ask them to explain the intricacies of HDB inheritance. Likewise, as a co-owner of an HDB flat, make sure you also understand inheritance law, succession, and intestate succession, in order to protect your rights." ["post_title"]=> string(24) "Guide to HDB Inheritance" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(21) "guide-hdb-inheritance" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:22:27" ["post_modified_gmt"]=> string(19) "2023-10-09 16:22:27" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=1612" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }Contact Us
Call Us:
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+65 9090 3158
Email Us:
enquiry@pkwalaw.com
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480 Lorong 6 Toa Payoh
#16-01, East Wing, HBD Hub,
Singapore 310480
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