Legal Help For Divorce

Legal advice is necessary for a divorce Court proceedings

A divorce is the legal procedure for ending a marriage. When a Judge from the Family court grants a divorce, the Judge will hand down a so-called interim Judgment of divorce, which signifies the end of the first stage of the divorce proceedings. There is still judgment for the ancillary matters which cover issues about children, property and maintenance.

The ancillary matters, which form the bulk of second stage of divorce proceedings, are normally dealt with after the court has granted the interim Judgment.

A Judge of the Family court will only grant a divorce to the applicant (plaintiff) if the Judge agrees that the marriage has ended. in legal language, the Judge must find that the marriage has irretrievably broken down.

in Singapore, the law on divorce is found in the Women’s charter. As the court proceedings are “technical” in nature, lawyers are required by both parties to handle the proceedings carefully.

it is important for an applicant to check that he or she is eligible to apply for a divorce in the Family court. one cannot apply for a divorce in the Family court if the marriage was solemnised under the Muslim law. in addition, under section 94 of the Women’s charter, one cannot apply for a divorce if the marriage is less than three year old, unless the applicant has the court’s permission to do so. To prove that one’s marriage has ended, one must show the court that one or more of the following facts is true:

  • that one’s spouse has committed adultery, and one finds it
  • intolerable to live with him or her
  • that one’s spouse has behaved in such a way that one cannot reasonably be expected to live with him or her
  • that one has deserted by one’s spouse for at least two years
  • if one’s spouse agrees to the divorce, that the applicant and spouse have been separated for at least three years
  • if the applicant’s spouse does not agree to the divorce, that the applicant and spouse have been separated for at least four years.

These requirements are set out in Section 95(3) of the Women’s charter. Contested divorce and ancillary matters hearings take a long time. A divorce application is subject to the legal, procedural and formal requirements of conducting court proceedings. Most importantly, the Family court cannot give you any advice on what you should say or do. only a qualified divorce lawyer can give you independent legal advice on the merits of your case.

Godwin Campos LLC specialises particularly in all matters before the Family and Juvenile courts, having an extensive period of experience in divorce matters, ancillary issues of custody, care and control, maintenance for both the wife and child (children), and the division of all matrimonial assets.

The firm has extensive expertise in conducting matters before the High court, Subordinate courts (district and Magistrate), Family and Juvenile courts, Strata Title Boards and applications before the Ministry of Manpower and immigration departments.

Published in THISQuarterly in July 2012

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