Dorothy Tan

                        array(6) {
  [0]=>
  int(994)
  [1]=>
  int(840)
  [2]=>
  int(973)
  [3]=>
  int(723)
  [4]=>
  int(1177)
  [5]=>
  int(968)
}
                        array(6) {
  [0]=>
  int(994)
  [1]=>
  int(840)
  [2]=>
  int(973)
  [3]=>
  int(723)
  [4]=>
  int(1177)
  [5]=>
  int(968)
}
                    

Legal articles by Dorothy Tan

        array(6) {
  [0]=>
  int(994)
  [1]=>
  int(840)
  [2]=>
  int(973)
  [3]=>
  int(723)
  [4]=>
  int(1177)
  [5]=>
  int(968)
}
    

        array(7) {
  ["post_type"]=>
  string(4) "post"
  ["post_status"]=>
  string(7) "publish"
  ["posts_per_page"]=>
  int(3)
  ["suppress_filters"]=>
  bool(false)
  ["post__in"]=>
  array(6) {
    [0]=>
    int(994)
    [1]=>
    int(840)
    [2]=>
    int(973)
    [3]=>
    int(723)
    [4]=>
    int(1177)
    [5]=>
    int(968)
  }
  ["orderby"]=>
  string(8) "post__in"
  ["order"]=>
  string(4) "DESC"
}
    

        array(3) {
  [0]=>
  object(WP_Post)#9032 (24) {
    ["ID"]=>
    int(994)
    ["post_author"]=>
    string(1) "2"
    ["post_date"]=>
    string(19) "2022-06-10 14:04:46"
    ["post_date_gmt"]=>
    string(19) "2022-06-10 06:04:46"
    ["post_content"]=>
    string(4486) "Divorce rates are rising in Singapore, perhaps unsurprisingly given the growing number of expatriates and foreigners living here. In this article, we answer some common questions about how to divorce in Singapore if you are an expatriate.
If I didn’t marry in Singapore, can I divorce here?
Yes, even if you aren’t a Permanent Resident here or you don’t work here, you can still get divorced in Singapore, as long as:

 	
You and your spouse have been married for a minimum of 3 years,
 	
You have both resided in Singapore for the last 3 years, OR
 	
You’re both domiciled in Singapore (meaning you want to make Singapore your permanent home).

Should I divorce in my home country or in Singapore?
If your assets and children are in Singapore, then you may find it logical to divorce here. There are many foreigners who choose to get a divorce in Singapore, rather than their home country, for a variety of reasons:

 	
Efficiency: the Singapore justice system is one of the best in the world and operates very efficiently. If you are not contesting a divorce then it can be completed within around 4 months, without the need to go to court. Even if you are contesting a divorce, it can be done in around a year. The courts tightly control their schedules so there are no delays.
 	
Gender equality: even though some people wrongly believe the law here favours women due to the existence of legislation such as the Women’s Charter, this is not true. Both men and women are treated equally, as shown by case law over the years. Both monetary and non-monetary contributions to the marriage will be considered by the courts with equal weight.
 	
No ‘fault’ basis: the courts in Singapore don’t usually punish a party for being at fault and causing a marriage to break up – no blame is apportioned in decisions involving asset division, children or maintenance.
 	
Proactive in mediation: Singaporean courts encourage both parties to take a constructive approach, and compel them to attend mediation sessions to try and resolve things by agreement.

My spouse has taken my child out of Singapore – what can I do?
Countries that signed the Hague Convention on Civil Aspects of International Child Abduction, such as Singapore, will have a duty to return your child to Singapore. However, if the child was taken to a country that is not a signatory to this agreement, then it may be harder to get your child back to Singapore.

You may be able to apply for an injunction order if you think your child is at risk of being removed from Singapore. This would allow agencies like the ICA (Immigration and Checkpoints Authority) to stop parents subject to such an injunction from taking a child out of Singapore. Anyone defying the injunction will be stopped at exit checkpoints by the authorities.

The best way to prevent complications in a divorce is to always know where your child is and what the intentions of the other party are, wherever possible.
Can I stop my spouse leaving Singapore with my child during a divorce?
If you think this is a possibility, then you can apply for interim care and control of your child, to reduce the opportunities that your spouse has of leaving the country with your child. You could also apply to be named the parent who gets control of your child’s passport. The immigration authorities might also be able to stop the spouse leaving with the child if a court order has been granted to prevent that.
I made a prenuptial agreement with my spouse abroad – can it be enforced in Singapore?
When considering your case, the court will take into account prenuptial agreements made abroad. However, the court has the right not to follow it if they desire, so it will simply form one more factor in their decision-making process.
Do I have to leave Singapore after a divorce, if I’m the dependent spouse?
If you hold a Dependent’s Pass and are in Singapore as a dependent, then you must leave Singapore when the divorce is completed, as you will no longer be said to be dependent on your husband. Practically, you should think about looking for a job once divorce proceedings have been started, so that you may have your own right to stay in Singapore, with an employment pass."
    ["post_title"]=>
    string(26) "Expat Divorce in Singapore"
    ["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(23) "expat-divorce-singapore"
    ["to_ping"]=>
    string(0) ""
    ["pinged"]=>
    string(0) ""
    ["post_modified"]=>
    string(19) "2023-10-10 00:23:35"
    ["post_modified_gmt"]=>
    string(19) "2023-10-09 16:23:35"
    ["post_content_filtered"]=>
    string(0) ""
    ["post_parent"]=>
    int(0)
    ["guid"]=>
    string(44) "https://singaporefamilylawyers.com.sg/?p=994"
    ["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)#7821 (24) {
    ["ID"]=>
    int(840)
    ["post_author"]=>
    string(1) "2"
    ["post_date"]=>
    string(19) "2022-03-29 21:46:22"
    ["post_date_gmt"]=>
    string(19) "2022-03-29 13:46:22"
    ["post_content"]=>
    string(9001) "Annulment of a marriage is different to a divorce. When a marriage is annulled, the annulment in effect says that the marriage was never legally valid. The parties’ marital status reverts to ‘single’, as if they were never married at all.

Divorce, however, whilst it also ends a marriage, is different. A divorce ends a marriage that had been legally valid before the order for divorce was granted. This is in contrast to an annulment which declares that the marriage never had legal validity. As a result, for the purposes of an annulment, there is nothing to be terminated.

During divorce proceedings, parties must show that their marriage—which was legally valid—has broken down irretrievably, and apply for a divorce order.

During annulment proceedings, parties have to demonstrate that the marriage was not valid or legal right from the outset.

Make sure you know the two categories of marriage that form grounds for annulment. They are: void, and voidable marriages.
Annulling a marriage in Singapore
Chapter 3 of the Women’s Charter governs the annulment of marriages. The grounds which make a marriage void or voidable are laid out in section 105 and 106.

A void marriage is classed as not valid right from the beginning, even if they are not officially annulled. But your marital status will remain as ‘married’ until a court declares it null. In the eyes of the law, a void marriage never existed, however most couples will ask for an official ruling of nullity from the Family Justice Court.

Until they are voided, voidable marriages do exist. They only dissolve upon a decree of nullity. They will endure until one party seeks this decree.
Requirements for Annulment
There are strict requirements in order to annul a marriage in Singapore, because doing so can have serious consequences. The exact criteria will vary, depending on whether a marriage is void or voidable.
When a marriage is void
Section 104 provides that a party to a void marriage can ask the court to issue a judgement of nullity, showing the marriage is null and void. An applicant has to show that the marriage didn’t meet the requirements for a valid marriage, if they want to prove the marriage is invalid.

The grounds on which a marriage may be voided are laid out in section 105.

For marriages after 1st June 1981, the marriage is void if one of the following applies, according to section 105(a):

 	
The marriage is between Muslims registered/solemnised under the Women’s Charter, rather than Muslim law (section 3(4))
 	
It is a polygamous marriage as referenced in sec 4 (for marriages on or before 15 Sept 1961) – section 5
 	
One of the spouses was below 18 years of age at solemnisation, and the marriage wasn’t authorised by a special license of marriage given by a Minister under sec 21 of the Women’s Charter – section 9
 	
The parties fall within prohibited degrees of relationship, for example relatives, as stated in the 1st schedule of the Women’s Charter – section 10
 	
One of the parties was already married to someone else under any law, custom or religion, or usage – section 11
 	
The parties are of the same gender – section 12
 	
The solemnisation failed to comply with the requirements of Singapore law – section 22

Section 105(aa):

A marriage of convenience only and therefore an invalid marriage, under section 11A. Where one party obtains an advantage to immigration, or a gratification as a reward or inducement to be a part of the marriage.

Section 105(b):

The marriage was not celebrated in Singapore, and is invalid because of:

 	
The law of the place it was celebrated, or
 	
Lack of capacity

When is a marriage voidable?
Voidable marriages are legally valid until a party applies for a judgement of nullity, unlike the situation in a void marriage.

Under section 106, if a marriage took place after 1 June 1981 then it is voidable if:

 	
The marriage hasn’t been consummated due to either party being unable to do so – section 106(a)
 	
The marriage hasn’t been consummated due to the defendant being unwilling to do so – section 106(b)
 	
Either of the parties did not consent to the marriage because of mistake, duress, mental disorder or otherwise – section 106(c)
 	
When the marriage happened, either party was capable of giving valid consent but was suffering from a mental disorder and was therefore unfit for marriage, according to the meaning of the Mental Health (Care and Treatment) Act 2008 – section 106(d)
 	
The defendant was suffering from a transmissible form of a venereal disease, at the time of marriage – section 106(e)
 	
The defendant was pregnant by someone other than the plaintiff at the time of marriage – section 106(f)

Annulment application process
Either spouse may file a writ asking for a judgment of nullity, according to section 104. The following documents must be included:

 	
Statement of claim – this sets out the grounds you’re relying on for annulment;
 	
Statement of particulars – this should explain the facts you intent to rely on;
 	
An agreed or proposed parenting plan, if children are involved;
 	
A matrimonial property plan with your proposed arrangements for your HDB flat, if you have one. (If you have not fulfilled the minimum occupation period, you may have to surrender the HDB flat).

An annulment will usually be a two-step process. The court may grant an interim judgement if it is satisfied with the grounds for annulment.

Following this, ancillary matters must be settled (such as maintenance, division of property and custody of any children). When the court is satisfied with the property arrangements and the children’s welfare, they may then grant a judgement of nullity.

The process will usually take 4-6 months for uncontested annulments, but it may take much longer if one spouse contests the application.
Annulment application time limit
There is no time limit to apply for a declaration of nullity if the marriage is void.

However, if you are seeking an annulment of a voidable marriage, you should apply within three years. But no time limit will apply if you are alleging that the marriage has not been consummated because the defendant refused, or either party was incapable. You can then apply for an annulment regardless of the length of the marriage.
Children born to a void or voidable marriage
In voidable marriages, children born within the marriage are considered legitimate.

In void marriages, children born are also considered to be legitimate as long as the parties believed that the marriage was valid at the time it occurred.
Can a court refuse to annul a marriage?
You’ll need sufficient evidence to show your marriage is void or voidable in order to annul your marriage. However, even if you allege this and prove it, a court may still refuse to grant the annulment you request, if:

 	
The plaintiff knew they could annul the marriage but acted in a manner that caused the defendant to reasonably believe the plaintiff would not do so; or
 	
It would be unjust to the defendant for an annulment to be granted

Under section 106(e) or (f), the court will not grant a judgment of nullity if, at the time of marriage:

 	
The plaintiff knew the defendant was suffering from a transmissible venereal disease; or
 	
The plaintiff knew the defendant was pregnant by another person

Denial of annulment of application
In this scenario, you may apply for a divorce, if you have been married for more than three years.

If you have not been married for more than three years, you could choose to separate until three years of marriage has elapsed and then apply to divorce.

If you can prove that you are suffering exceptional hardship, or the defendant is guilty of exceptional depravity, then you may apply for divorce prior to three years elapsing.

Do not assume that annulment is a fast alternative to a divorce. It involves strict requirements, and can involve complex or confusing criteria. You should speak to a lawyer if you think your marriage is void or voidable, and fully understand the options available to you. The lawyer can help you interpret the law and follow due process so that you successfully obtain a judgment or declaration of nullity."
    ["post_title"]=>
    string(21) "Annulment of Marriage"
    ["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(18) "annulment-marriage"
    ["to_ping"]=>
    string(0) ""
    ["pinged"]=>
    string(0) ""
    ["post_modified"]=>
    string(19) "2023-10-10 00:28:48"
    ["post_modified_gmt"]=>
    string(19) "2023-10-09 16:28:48"
    ["post_content_filtered"]=>
    string(0) ""
    ["post_parent"]=>
    int(0)
    ["guid"]=>
    string(44) "https://singaporefamilylawyers.com.sg/?p=840"
    ["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)#8936 (24) {
    ["ID"]=>
    int(973)
    ["post_author"]=>
    string(1) "2"
    ["post_date"]=>
    string(19) "2022-05-20 20:07:33"
    ["post_date_gmt"]=>
    string(19) "2022-05-20 12:07:33"
    ["post_content"]=>
    string(12484) "If you find yourself wanting to divorce in Singapore, you’re likely to have lots of questions about the process. If you are contesting a divorce, or it isn’t amicable, then you’re likely to have even more concerns. These might include:

 	
Am I eligible to divorce?
 	
How much will it cost me?
 	
What can I expect to receive?
 	
What will happen to my children?
 	
How might our assets be divided?
 	
How long will it all take?

In this article we’ll explain the process for a contested divorce, as well as an uncontested divorce, and look at what usually takes place at the Family Justice Courts.
Eligibility requirements to divorce
There are certain criteria that anyone wishing to divorce in Singapore must satisfy. These are set out in the Women’s Charter, and include:
Attending the Mandatory Parenting Programme (MPP)
If the divorcing couple have at least one child younger than 14 years of age, and the parties don’t agree on the divorce or ancillary matters, then the parties must attend the Ministry of Social and Family Development’s Mandatory Parenting Programme (MPP). This aims to help the parties make informed decisions which put the children’s bets interests first. Only once the MSF has certified your attendance can the divorce proceed.

Here at PKWA we can help parties in the MPP application. The MPP only has to be attended once, and the session lasts a maximum of 2 hours. The following link gives further information on the MPP: https://www.msf.gov.sg/divorce-support/pages/mandatory-parenting-programme.aspx
Jurisdiction
To have your divorce proceedings heard in the Family Justice Courts, you or your spouse must be:

 	
A citizen of Singapore; or
 	
Domiciled in Singapore; or
 	
An habitual resident of Singapore for at least 3 years prior to the start of divorce proceedings.

‘Domiciled’ in Singapore means that you can demonstrate you are settled in Singapore and don’t intend to move away in the near future. For instance, an established community of friends and family, or substantial assets in Singapore are things that can prove that you are domiciled here.

Finally, remember that if you were married under Muslim law, then you cannot apply to the Family Justice Courts for a divorce. Only the Syariah Court can accept your divorce application.
Three years of marriage
In order to file for divorce, the marriage must have lasted for a minimum of 3 years.

Couples who have been married less than 3 years must get permission from the Court in order to start divorce proceedings. An application for leave represents the filing of an originating summons, as well as a supporting affidavit, which sets out the reasons you are seeking a divorce. For instance, one ground for divorce could be exceptional hardship that you have suffered.

The Family Justice Court will only grant a divorce if you can prove that the marriage has broken down irretrievably, or one of the following facts has occurred, set out in the Women’s Charter, section 95(3):

 	
Your spouse acted in such a way that it isn’t reasonable to expect you to continue living with them;
 	
Your spouse committed adultery, making it intolerable for you to continue living with them;
 	
Your spouse has deserted you for at least 2 years (a continuous period of two years);
 	
You have lived apart from your spouse for a continuous period of at least of 3 years, and your spouse has consented to the granting of a judgement;
 	
You have lived apart from your spouse for at least 4 years, continuously.

What divorce papers must be filed?
To commence divorce proceedings, your lawyer will electronically file the following papers in the Family Justice Courts:

 	
Writ for Divorce;
 	
Statement of Claim (setting out the circumstances you’re relying on to divorce);
 	
Statement of Particulars (giving details of the circumstances you’re relying on);
 	
Proposed Parenting Plan (if the divorce involves one or more children under the age of 21 years);
 	
Proposed Matrimonial Property Plan (if you and your spouse jointly own a housing & Development Board flat);
 	
An Acknowledgement of Service;
 	
A Memorandum of Appearance.

Serving divorce papers on your spouse
Following acceptance of these documents by the Family Justice Court, they should be served on your spouse so that they are notified that you’ve started divorce proceedings. Your lawyer will serve the sealed copy on your behalf. They will be served using one of the following methods:

 	
Electronically, to your spouse’s lawyer (if the lawyer has stated expressly that they will accept service on behalf of your spouse); or
 	
Registered Post – only if the defendant signs and returns the Acknowledgment of Service to us); or
 	
Personal Service – personnel authorised by your lawyer hands the documents directly to your spouse.

If, as a defendant, you want to contest the divorce, then within 8 days you must file the Memorandum of Appearance.

If you don’t do anything and ignore the papers, a divorce hearing can be requested by your spouse by completing a Request for Setting Down Action for Trial. A hearing date will be fixed by the court, and in your absence the divorce will be granted. As you can see, it’s not a good idea to ignore the divorce process – you risk the court hearing the case without you present, provided the papers were properly served on you.

From here, the divorce proceedings generally follow two routes: either Uncontested or Contested.
Uncontested divorce process
Providing you and your partner agree to divorce, and your spouse raises no issues with what you put in your Statements of Claim and Particulars, then you can tell the court your case is ready to be heard, on an uncontested basis. Your lawyer will submit the Request for Setting Down Action for Trial on your behalf, and a date is then set for the hearing of the uncontested divorce. No members of the public can attend the hearing, as it is held in chambers. If the proceedings are in order and the court is satisfied, the Interim Judgement for divorce will be issued.

Within six weeks of filing the Writ for Divorce, your case should be set down – if it isn’t, then an electronic Registrar’s Notice will be sent, telling you to either set down your case for hearing, or inform the Court of the matter’s status.

Remember that the Interim Judgement is only issued after 3 months. You must wait until the Interim Judgement has been made final before you can remarry.
Contested divorces take longer
Your spouse may contest the Divorce and your reasons for requesting it. If they do, then they can file a Defence, or Defence and Counterclaim, within 22 days of receiving the Writ. They’ll file and service it on your lawyer. The same duration applies to your spouse for the purposes of filing their Proposed Matrimonial Property Plan.

When replying to your spouse’s Defence or Defence and Counterclaim, you’ll have 2 weeks to reply. Once you’ve replied and it has been filed, a date for a case conference in chambers will be set by the Court. A lawyer will attend on your behalf. During this conference, the parties will be prepared for the contested hearing, which takes place as a trial in open court.

Sometimes a possibility for a settlement may arise. If so, the case may be referred for counselling by the Assistant Registrar. This is done by a professional Court counsellor, and increases the likelihood of settlement, which in turn saves time and money, compared to if you proceed to trial.
No settlement – contested divorce trial
Sometimes a settlement is not possible, in which case parties will be directed by the Assistant Registrar to file and exchange Affidavits of Evidence-in-Chief. Here you will give your reasons for the court to allow your divorce. Your lawyer will advise you on the important points to include, to give you the maximum chance of success.

Both parties are required to attend contested divorce hearings, as well as any witnesses you or your spouse want to rely on. Therefore, the duration of the trial can vary from between one day to several days, according to its complexity and number of witnesses.
Interim Judgement
If the judge is satisfied that the marriage has indeed irretrievably broken down, then they will issue an Interim Judgement. An adjournment will take place so allow for any ancillary matters to be heard in chambers.
Stage 2 of divorce proceedings – ancillary matters
The court will grant the Interim Judgement and then set a date for a case conference in chambers to deal with Ancillary Matters. Thus the second stage of the divorce proceedings begin. The purpose of this Ancillary Matters conference is to allow the parties to be prepared by the Assistant Registrar for the Ancillary Matters Hearing. The hearing happens in chambers in the presence of a District Judge from the Family Justice Court.

A settlement is possible even now, just as in the first stage of the divorce proceedings. If so, the Assistant Registrar will refer the case to a counsellor. But in acrimonious cases, or those cases with children involved, a professional social worker may be brought in by the Registrar so a confidential report is made to allow the Court to evaluate the best custody or access arrangements. The court may also appoint a Child Representative to ensure the children’s best interests are represented. The representative will file written submissions for this.
Settling before the ancillary matters hearing
Sometimes parties are able to settle before the ancillary matters hearing happens. If so, the Court will order a consent ancillary matters hearing to be fixed. A Draft Consent Order will need to be drafted, and signed by both parties. If your spouse isn’t represented by a lawyer, they must sign this document in the presence of a Commissioner for Oaths.
If no settlement – proceed to file the affidavit of means
If settlement is just not possible, parties are directed by the Court to submit their Affidavits of Assets and Means. In this document, you lay out all your assets and liabilities, as well as direct and indirect contributions to the marriage, and what you propose to do about the outstanding ancillary matters. Parties are also directed by the court to file the Ancillary Matters Fact and Position Sheet (known as Form 242). As expert divorce lawyers, we at PKWA Law Practice will help you to put your best case forward at all times.
Hearing for Ancillary Matters
If there is no agreement, a contested ancillary matters hearing is fixed for your case. Here, the Assistant Registrar orders parties to file a Summary of Relevant Information (known as Form 243) which lays out the issues being contested, the net value of the assets of the marriage, and the status of the proceedings.

Written arguments should be prepared (by your lawyer) regarding the evidence contained in the affidavits and how the law applies to them.

Depending on the complexity of the issues, the Ancillary Matters hearing could last either several hours, or several days. At the conclusion of the hearing, the case is considered by the judge who will then make their decision.
Certificate of Making Interim Judgement Final
You must wait for 3 months after the court has made their Interim Judgement, or decided on ancillary matters, before you can proceed to get the Certificate of Making Interim Judgement Final.

The divorce process is completed when the Final Judgement is issued. You can now legally remarry.
In summary
If you are not legally qualified, divorce proceedings can be hard to understand. The proceedings are governed by many laws, procedures and rules contained in statute, Practice Directions and Rules of Court. This article explains some of these elements, but it only represents an example of a case."
    ["post_title"]=>
    string(30) "Contested Divorce in Singapore"
    ["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) "contested-divorce"
    ["to_ping"]=>
    string(0) ""
    ["pinged"]=>
    string(0) ""
    ["post_modified"]=>
    string(19) "2023-10-10 00:52:02"
    ["post_modified_gmt"]=>
    string(19) "2023-10-09 16:52:02"
    ["post_content_filtered"]=>
    string(0) ""
    ["post_parent"]=>
    int(0)
    ["guid"]=>
    string(44) "https://singaporefamilylawyers.com.sg/?p=973"
    ["menu_order"]=>
    int(0)
    ["post_type"]=>
    string(4) "post"
    ["post_mime_type"]=>
    string(0) ""
    ["comment_count"]=>
    string(1) "0"
    ["filter"]=>
    string(3) "raw"
  }
}
    

Contact Dorothy Tan