Charmaine Chua

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Legal articles by Charmaine Chua

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    string(3266) "In Singapore, adultery is one of the five grounds that can be used to prove a marriage has broken down irretrievably.

Here are 10 things you should know about adultery and divorce in Singapore.
1. There must be sexual intercourse
This refers only to a sexual relationship with another person who is not your spouse. If there is no sexual intercourse, you cannot rely on adultery as a ground for divorce. Instead, you may file for divorce for unreasonable behaviour based on ‘improper association.”
2. You must also show that is intolerable to live with your spouse, and it is linked to the adultery
This is usually not difficult to prove. You need to show that as a result of your spouse’s extramarital relationship, you find it intolerable to live with your spouse.
3. What evidence is required?
Usually, there will be no direct evidence of the extramarital relationship. You should engage a private investigator to collect evidence of adultery. Alternatively, you can show incriminating evidence of the relationship, or if there is a lovechild or if there is a confession made.
4. If you do not have strong evidence of adultery, you can still file for divorce based on unreasonable behaviour
You can still file for divorce by citing “improper association” if evidence of adultery is hard to come by.
5. You cannot use adultery as a reason for divorce if you continue to live with your spouse for 6 months
If you know about your spouse’s extramarital relationship, but continued to live with your spouse for 6 months, you will not be allowed to cite adultery as the ground for your divorce.
6. Do you need to name the “other person” in the divorce?
It is not necessary. We do not advise you to ‘shame’ and name the other party. You do not get a better settlement by involving the other party (see next point below).
7. You do not get a better outcome from the Court even if you prove adultery
As a general rule, the Singapore Family Justice Courts do not look at who is at fault in deciding on children, property or money issues. Therefore, if you are the defendant in an adultery case, you will not be “punished”. Likewise, if you are the plaintiff in an adultery case, you do not get a better outcome for children, property and money issues. The Singapore Courts are governed by the relevant rules in the Women’s Charter and fault is not a factor when it comes to children, property and money issues in a divorce.
8. What then can I get even if I prove adultery?
The Court may order your spouse to pay your Private Investigator fees and the costs of the divorce.
9. Can I claim anything from the “Other Party”
No, apart from legal fees and private investigator fees.
10. How common is adultery in Singapore
Between 2004 and 2014, based on data from the Singapore Department of Statistics (DOS), 1.3 per cent to 2.1 per cent of those who filed for divorce under the Women’s Charter cited adultery as the main reason. However, this does not paint the true picture because many will cite ‘unreasonable behaviour” as the reason for divorce due to a lack of evidence or not wanting to escalate the divorce proceedings."
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    string(10098) "When spouses consider separation, they may reach a point when they wish to end their marriage formally. Two main ways parties can legally end a marriage in Singapore are through divorce or annulment. Parties will not always be eligible for divorce or annulment, and each route is designed to deal with different circumstances.

Parties should understand their options before proceeding with a divorce or annulment. They must also consider any additional matters stemming from their separation, such as child arrangements and matrimonial finances.

This article explains the differences between divorce and annulment, when parties can apply for them, and how.
The difference between divorce and annulment
As we will see below, the eligibility criteria for divorce and annulment are different. However, the main distinction relates to how they are recognised legally. The difference can be summarised as follows:



Divorce
Annulment


Recognises that a valid marriage exists, which ends as a result of an irretrievable relationship breakdown.
Recognises that the marriage was never legally valid.



Eligibility
Divorce
To be eligible for a divorce in Singapore, parties must:

 	
Be a Singapore citizen or have lived in Singapore for three years continuously before applying;
 	
Have been married for at least three years; and
 	
Be married under civil law (as opposed to under Syariah law).

Annulment
Parties do not need to be Singapore citizens to obtain an annulment but must live in Singapore when the application is made. Spouses can apply for annulment at any time; they do not need to have been married for any specific period beforehand. However, if seeking an annulment of a voidable marriage, the parties must do so within three years of the marriage date.

To be eligible for an annulment, parties must be able to establish their marriage is either void or voidable:

 	
Void marriages arise when the parties fail to meet the requirements for a valid marriage, which is therefore deemed to have never existed.
 	
Voidable marriages are also invalid but will remain in place unless and until one party decides to annul it.

Grounds
Divorce
There is only one ground for divorce in Singapore: the parties’ marriage has broken down irretrievably.

To demonstrate this to the court, the spouse applying must establish at least one of the “facts” stated in Section 95(3) of the Women’s Charter 1961:

 	
Adultery. One party to the marriage must have had sexual intercourse with a third party. Physical intimacy alone is not sufficient.
 	
Unreasonable behaviour. This is commonly relied on in divorce applications. The court must be satisfied that one spouse’s bad behaviour means the other spouse cannot reasonably be expected to continue living with them. Examples of this include abuse, threats, alcoholism, and financial recklessness.
 	
Desertion for at least two years. The two years must be continuous. The court will want evidence that the party’s spouse has left the family home without intending to return to the marriage.
 	
Separation for at least three years, and both parties’ consent to the divorce. The parties must have lived apart for three years continuously and must agree to the divorce.
 	
Separation for at least four years without consent. The parties must have lived apart for at least four years. Consent is not needed for the divorce for it to proceed.

Annulment
The grounds for an annulment differ depending on whether it is a void or voidable marriage.

Grounds for a void marriage are set out in Section 105 of the Women’s Charter and are as follows:

 	
The parties are Muslims (this falls under Syariah law);
 	
One of the parties is already legally married;
 	
Either or both of the parties is under 18 (unless authorised by a special marriage licence);
 	
The parties are closely related;
 	
The parties are of the same sex; and
 	
The marriage has not been solemnised under a valid licence nor by a licenced person, such as a Registrar.

Section 106 of the Women’s Charter provides the grounds for a voidable marriage:

 	
The parties did not consummate the marriage due to the incapacity of either party;
 	
The parties did not consummate the marriage due to the wilful refusal of one party;
 	
Either or both parties did not consent to the marriage due to duress, mistake, mental disorder, or otherwise;
 	
Either or both parties were capable of giving valid consent but were suffering from a mental disorder at the time of the marriage, meaning they were unfit for marriage;
 	
One party was suffering from a sexually transmittable disease at the time of the marriage; or
 	
The wife was pregnant by another person at the time of the marriage.

Ancillary matters
When parties legally end their marriage, they often must deal with additional matters to separate formally. These could involve dividing up their finances and making arrangements to care for any children they have together.

The court will consider these issues when granting a divorce or annulment, and the process tends to be more straightforward for parties who can agree on these issues in advance. If they cannot agree, the court will deal with them in separate proceedings.
Procedure
Divorce
If spouses agree on the divorce and any ancillary matters, they can use the simplified track for the divorce application. The person applying for the divorce, the plaintiff, must file certain documents with the court. The person responding to the divorce is known as the defendant.

The required documents are:

 	
Writ for Divorce: states the party’s intention to proceed with a divorce.
 	
Statement of Claim: contains details of the parties and reasons for the application.
 	
Statement of Particulars: explains the facts relied on for the marriage breakdown.
 	
Consent to Grant Judgment on Three Years’ Separation: is signed by the defendant before a Commissioner for Oaths (CO) only where the reason for divorce is three years’ separation.
 	
Defendant’s Consent to Simplified Uncontested Divorce Proceedings: is signed by the defendant before a CO where they agree to the divorce.
 	
The Affidavit of Evidence in Chief: sets out the plaintiff’s evidence supporting their application.
 	
Draft of Interim Judgment Form: a draft divorce order.
 	
The Request for Setting Down Trial for Action: asks the court to set a hearing date.

Parties are not required to attend an uncontested hearing. If the court agrees with the application, it will grant the divorce, make an interim judgment, and issue the final judgment. The entire uncontested process usually takes around four months.

The procedure is more complex for a contested divorce. In addition to the above documents, the plaintiff also needs to file:

 	
A proposed parenting plan containing their suggestions for the arrangements for the children; and
 	
A matrimonial property plan stating their proposed division of the marital finances, particularly for their HBD flat.

The applicant must submit the relevant documents, and the defendant must then file a defence within 22 days of receiving the writ. The plaintiff will have two weeks to respond, and the court will then set a date for a conference between the parties and their lawyers to encourage settlement and, if not, prepare them for the hearing. The court will consider the parties’ evidence at the hearing and grant the final divorce order once the ancillary matters are settled.
Annulment
The annulment process is similar to the divorce process. The plaintiff must file the documents listed below with the court.

 	
Writ for Annulment: states the party’s intention to proceed with an annulment.
 	
Statement of Claim: states the grounds relied on, i.e. whether the marriage is void or voidable, and on what basis.
 	
Statement of Particulars: includes further detail about the relevant grounds and any supporting documents.
 	
Proposed Parenting Plan: sets out proposals for the care of the children.
 	
Matrimonial Property Plan: sets out proposals for dividing property and HDB flats.

Provided the court is satisfied with the application, an interim judgment will be granted. Once the parties have resolved all ancillary matters, the court will grant the final judgment of nullity.
Filing the documents
Parties can apply for a divorce or annulment through the court’s eLitigation service or Divorce eService. If instructed, the parties’ lawyers will file the documents with the court.
Conclusion
The procedures for obtaining a divorce or annulment are similar. However, the notable distinction is that the court legally recognises a divorced marriage as valid. It does not give this same recognition to an annulled marriage. As a result, the law relating to each separation method is very different, and parties wanting to legally end their marriage should consider if either or both options apply to them. An annulment can be a much quicker and easier way to end a marriage if the parties meet the eligibility criteria.

Parties do not need a lawyer to apply for a divorce or annulment, but it is advisable to instruct one. Proceedings can become complex, especially when children and finances are involved, and a specialist family lawyer can guide you through the process."
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    string(7921) "A power of attorney (POA) is a document that allows someone to give authority to another person to carry out certain acts on their behalf. The person who creates the POA is known as the “donor”, and the person who is authorised to act on their behalf is known as the “donee”. A POA is a good insurance to have in place in the event you are unable to make and/or execute important decisions relating to your welfare and property.

Understandably, a donor may be apprehensive about handing over the management of their financial and personal decisions to another person. However, depending on the type of POA used, the document does not always automatically transfer authorisation to the donee to carry out acts on the donor’s behalf. There are also laws in place aimed to ensure people making POAs are protected from potential abuse, as it is acknowledged that the people who rely on POAs are often the more vulnerable members of society.

In Singapore, there are 5 different types of POA, with each one being used for a different purpose. It is crucial to understand how each document operates before considering which one is best suited to your circumstances.
General Power of Attorney (GPA)
As the name suggests, a GPA allows the donee to act for the donor in all circumstances unless otherwise stated in the document. It is up to the donor to decide what they want provided for in the GPA and what they want excluded. The powers could be anything from accessing bank accounts to purchasing and selling the donor’s property.

The GPA will generally come into effect once it is duly signed and executed. Therefore, the donor needs to understand by giving this type of POA; they are giving general authorisation to their donee to act on their behalf.

This type of POA will usually remain valid until any one of the following events occur:

 	
The donor dies.
 	
The donor loses mental capacity.
 	
The donor revokes the POA.
 	
A specified event in the POA takes place, resulting in the document becoming invalid.

Specific Power of Attorney (SPA)
This type of POA authorises the donee to act only in relation to specific matters, so they will not have any power outside of what has been specified in the document. This is usually preferred if there are certain things the donor requires help with, so they are happy to provide authorisation to their donee to assist with this wherever necessary.

The donor should be careful to draft the terms of the SPA as clearly as possible, so the donee knows what they are permitted to do.

An SPA will usually remain valid until any one of the following events occur:

 	
The donor dies.
 	
The donor loses mental capacity.
 	
The donor revokes the POA.
 	
A specified event in the POA takes place, resulting in the document becoming invalid.

Lasting Power of Attorney (LPA)
This document authorises the donee to manage the donor’s welfare and finances if the donor loses mental capacity. Without an LPA in place, it can be challenging for the donor’s affairs to be managed once they lose capacity. The person (or persons) appointed in an LPA will often be someone with whom the donor has a close relationship and can trust to act in their best interests if the time comes.

A person cannot execute an LPA unless they are at least 21 years old. The LPA will appoint at least one donee to make decisions regarding the donor’s health and property, plus specific provisions can be made for the donor’s wishes.

The donor must understand the effect of the Lasting Power of Attorney they are making. To this end, a certificate issuer (such as a lawyer or psychiatrist) must certify the relevant forms to confirm this has been explained to them. This helps to protect the donor from being pressured into preparing the document, which is especially important in situations where they may already be vulnerable.

The LPA will not come into effect unless and until the donor has lost their mental capacity to the extent, they are no longer able to carry out the acts provided for in the document. The loss of capacity must be assessed and certified by a medical practitioner before the donee can use the POA. The donor’s capacity may also improve, in which case they can return to making their own decisions, and the donee’s powers will be revoked.

An LPA will usually remain valid until any one of the following occurs:

 	
The donor dies.
 	
The donor revokes the LPA.

HDB (Housing and Development Board) Power of Attorney
This is the most common type of POA in Singapore. It allows a homebuyer or seller to appoint another person to sign the necessary documents and collect the keys regarding his property purchase or sale. There may be situations where a person who wants to buy, sell, or rent their HDB property cannot keep attending the relevant location in Singapore to execute the documents, so it is reasonable for them to authorise somebody else to do it.

The HDB POA will usually allow the donee to sign documents, including the sales agreement, lease agreement, deed of assignment, and mortgage-in-escrow, amongst others.

There are 3 main types of HDB POA:

(1) Purchase, Subletting, and General Management

This allows the donee to make decisions relating to the purchase and the letting or subletting of an HDB property. It also provides them with authorisation to deal with matters relating to the maintenance and general management of the flat.

(2) Sale, Subletting, and General Management

This allows the donee to make decisions relating to the sale and the letting or subletting of an HDB property. It also provides them with authorisation to deal with matters relating to the maintenance and general management of the flat, as above.

(3) Subletting and General Management

This allows the donee to make decisions relating solely to the letting or subletting of an HDB property. As with the above documents, they are also authorised to deal with matters relating to the maintenance and general management of the flat.

For this type of POA to be valid, a lawyer must be instructed to draw up the document. This is because the POA will eventually give effect to important legal transactions, so it needs to be executed properly. The POA must specify precisely what the donee has the authority to do. If the donor is undertaking a property transaction with another person, they must have their own HDB POA prepared.

The HDB POA will usually remain valid until any one of the following events occur:

 	
The donor revokes it.
 	
After the expiration of 6 years from the date of execution.

Summary
The 5 types of Power of Attorney in Singapore are designed to deal with a variety of situations. When considering making a POA, it is vital to ensure you have a complete understanding of your options and the implications of executing the different types of documents.

Whilst you may feel hesitant to draw up a POA, it is essential to remember that the law understands the importance of individual autonomy and will not allow these powers to be abused, whether by the chosen donee or any other party. Having a POA in place will provide peace of mind not just for yourself but also for your loved ones.

It is advisable to seek the assistance of a lawyer who can discuss your circumstances with you, advise you on the appropriate document to draw up and prepare the POA for you. Aside from the HDB POA, it is not legally required that the document be prepared by a lawyer. However, doing it this way will ensure that the POA can be implemented without issues."
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Contact Charmaine Chua