When considering divorce, you may have the option to file either in Singapore or in a foreign country like China. If you or your spouse is Singaporean, you certainly have the choice. Additionally, if both spouses are foreigners, Singapore courts may grant divorce if at least one of you: (1) is domiciled in Singapore; or (2) has been habitually resident in Singapore for at least 3 years prior to filing for divorce.
Here are some potential advantages of filing for divorce in Singapore. If any of these situations resonate with your circumstances, choosing to file in Singapore could be a prudent decision.
1.Asset division and enforcement issues:
If you or your spouse owns matrimonial assets in Singapore or your child resides in Singapore, filing in a foreign court may pose challenges. Foreign courts may hesitate to issue orders concerning assets in Singapore, and they cannot make rulings on assets like Singapore HDB flats and CPF monies. Moreover, foreign divorce judgments usually necessitate further proceedings to resolve ancillary issues such as assets, custody, and maintenance. This process can be complex and costly. If you’re concerned about asset division in Singapore or the need for court enforcement, filing directly with Singapore courts for divorce may be wise.
2.Advantages of divorce proceedings in Singapore:
Advanced mediation mechanisms
The Singapore Family Justice Courts recognize the emotionally charged nature of family disputes and promote mediation in divorce proceedings. The Family Dispute Resolution (FDR) Division offers mediation services to help parties resolve family disputes amicably. Court family specialists conduct counseling and mediation sessions, which have proven to be successful in reducing conflicts and reaching agreements in many cases. If you seek cooperative and forward-looking solutions to your family matters amidst divorce, leveraging alternative dispute resolution mechanisms in Singapore may be beneficial.
A.Quick settlement through the simplified divorce track
Parties can file for divorce on a simplified track if they agree on irretrievable breakdown of the marriage and ancillary matters such as children’s care arrangements, maintenance, and division of matrimonial assets. According to Singapore courts, a divorce application on the simplified track may conclude in about 4 months.
B. Comprehensive asset division rules:
In Singapore, there is no mandatory 50-50 starting point for the division of matrimonial assets. Courts consider various factors including each spouse’s financial and non-financial contributions to the family’s welfare, the needs of spouses and children post-divorce, to ensure a fair and equitable division of assets. Direct and indirect contributions, such as caregiving and housework, are explicitly recognized and factored into Singapore divorce proceedings. If you wish for these contributions to be reflected in the division of matrimonial assets, filing for divorce in Singapore could be advantageous.
Conclusion:
Navigating divorce proceedings in a foreign country can indeed be daunting, particularly when you’re also grappling with the emotional complexities of family dissolution. At Bethel Chambers, our experienced lawyers specialize in guiding clients through this challenging process. We possess a deep understanding of both the legal intricacies and cultural nuances involved, allowing us to provide comprehensive support tailored to your needs. Our goal is not only to assist you in navigating the legal aspects of divorce but also to support your journey toward healing and embracing a new chapter in life.
