8 Facts and Myths of Getting a Divorce in Singapore: Part 2

Have you read Part 1 of this article? If not, click here to read it.

Myth 9: Divorce Proceedings Are Always Public

Fact: Divorce proceedings in Singapore are generally kept private. Family law cases, including divorces, are held in closed court sessions, which means the general public and media do not have access to the details. This protects the privacy of both parties, especially when sensitive matters like child custody or finances are involved. However, divorce outcomes are still part of public records, but the intricate details remain confidential.

Myth 10: If Your Spouse Doesn’t Agree, You Can’t Get Divorced

Fact: You can still get a divorce even if your spouse does not agree. This would result in a contested divorce where the court steps in to resolve disputes over the reasons for divorce or ancillary matters. As long as one party can prove the irretrievable breakdown of the marriage, a divorce can be granted.

While it may take longer than an uncontested divorce, a spouse’s refusal to agree will not prevent the divorce from proceeding.

Myth 11: After Divorce, One Parent Will Automatically Get Full Custody of the Children

Fact: In Singapore, the court often encourages joint custody arrangements, where both parents have a say in major decisions regarding the child’s upbringing. Full custody, where only one parent has sole decision-making rights, is less common and is only granted when it is in the best interest of the child.

Joint custody does not necessarily mean equal time spent with the child, but rather shared responsibilities over their major life decisions, such as education and healthcare.

Myth 12: You Must Attend Marriage Counseling Before Filing for Divorce

Fact: While counseling can be beneficial, it is not mandatory to attend marriage counseling before filing for divorce in Singapore. However, the Family Justice Courts may recommend family mediation or counseling if they feel it could help resolve disputes, especially when it involves children.

In cases where reconciliation is possible, counseling may be encouraged, but it is not a legal requirement to initiate divorce proceedings.

Myth 13: Spousal Maintenance is Guaranteed for Life

Fact: Spousal maintenance in Singapore is not automatically awarded for life. The amount and duration of maintenance payments depend on several factors, including:

• The length of the marriage.

• The financial needs and contributions of both spouses.

• The ability of each spouse to support themselves post-divorce.

Maintenance can be reviewed or varied later if circumstances change, such as if the receiving party becomes financially independent.

Myth 14: The Parent Who Earns More Will Pay Higher Maintenance

Fact: Child maintenance is determined based on the needs of the child, not strictly the income of each parent. Both parents are legally responsible for the financial support of their children, but the amount one parent pays is based on factors such as:

• The financial resources of both parents.

• The child’s needs (e.g., education, healthcare, daily expenses).

• The current living arrangements.

Simply earning more does not automatically mean one parent will have to shoulder a disproportionate amount of the costs.

Myth 15: If I Move Out of the Marital Home, I Lose My Rights to It

Fact: Moving out of the marital home does not mean you lose your rights to it. Property division is based on matrimonial contributions during the marriage, and moving out will not affect your share. The courts take into consideration both financial and non-financial contributions, such as caregiving and home management, when determining how to split assets.

It’s important to consult a lawyer before making any decisions about leaving the marital home.

Myth 16: The Divorce Process Is the Same for Everyone

Fact: Every divorce case is unique, and the process can vary depending on factors such as whether the divorce is contested or uncontested, if there are children involved, and how the couple wants to divide assets. Some divorces can be relatively quick and simple (especially if uncontested), while others may involve lengthy court proceedings to resolve disputes.

It’s critical to get tailored legal advice to navigate the specifics of your situation.

Myth 17: You Have to Wait Until the Divorce is Finalised to Settle Custody and Assets

Fact: Divorce in Singapore is divided into two stages:

1. Dissolution of the marriage.

2. Ancillary matters, which involve custody of children, maintenance, and the division of assets.

The court can settle ancillary matters before the finalisation of the divorce itself, meaning decisions on child custody, property division, and maintenance can be made early in the process, even before the marriage is officially dissolved.

Myth 18: You Can’t Get Divorced If You Don’t Know Where Your Spouse Is

Fact: It’s possible to file for divorce in Singapore even if you don’t know the whereabouts of your spouse. In such cases, the court can grant substituted service, which means serving divorce papers through alternative methods, such as via a newspaper notice or email. This ensures that the spouse has been given proper notice of the proceedings.

If efforts to locate your spouse are unsuccessful, you can still proceed with the divorce under specific conditions.

Conclusion: Understanding the Truth Behind Divorce Myths in Singapore

Many misconceptions exist about divorce in Singapore, but understanding the facts can help you navigate the process with greater clarity. By debunking these myths, we hope to empower you with accurate information about your rights and the legal procedures involved in divorce.

If you’re considering divorce or need expert advice on family law matters, our team at JK Law Chambers is ready to assist you. Contact us for a consultation and let us guide you through your divorce with confidence.