ARTICLES
Will the Grounds of Divorce affect Division of Matrimonial Assets?
During the dissolution of a marriage, accusations are oftentimes levelled at either party. The parties then prove that there the marriage has irretrievably broken down by establishing one of five reasons, most commonly among them are adultery and unreasonable behaviour. However, despite the allegations of fault or wrongdoings of either party, the reason relied upon […]
The Benefits of Collaborative Divorce for Seniors
Collaborative Divorce for Seniors People who seek a divorce in their senior years tend to face a significantly different set of issues than younger couples who divorce. Most couples who divorce over age 55 have a long history that’s likely to involve substantial co-mingled assets, financial obligations to adult children, and retirement plans based on […]
Maintenance of Special Needs Children
For parents of special needs children, the issue of child maintenance will typically one of their biggest concerns in a divorce. This anxiety is especially acute among parents who have care and control of a special needs child but are not in the financial position to provide everything the child needs without the other parent’s […]
The Financial and Legal Advantages of Being First to File for Divorce
When your marriage is a troubled one, it’s common to consider divorce a long time before taking any definitive action. But once you feel confident that divorce is in your future, you should stop hesitating and start preparing. There are significant financial and legal advantages to being the first to file for divorce. Here’s what […]
What to Expect in a Contested and an Uncontested Divorce in Singapore
The divorce experience differs for everyone. Much of it depends on the attitude of the parties, but it can also depend on whether the dissolution is an agreed or contested divorce. Here’s an overview of what you can expect from these two types of divorce. HIGHLIGHTS Definition Uncontested Divorce Uncontested Divorce Process Definition Contested Divorce […]
FAQs : Child Maintenance in Singapore
Child maintenance is one of the many aspects that couples who are going through a divorce has to consider. It is also the time when you would start to wonder how the divorce is going to affect your child’s daily activities and how you are going to provide for the child. We shall now look […]
Setting aside a Deed of Separation
What is a Deed of Separation (“DOS”)? Parties can apply for a Deed of Separation which will allow them to live separately from each other before they officially commence divorce proceedings. Through the DOS, parties can provide for matters non-exhaustively laid out below: division of matrimonial home; division of other matrimonial assets apart from the […]
A Brief Introduction to Trust Law in Singapore
What is a trust? A trust is a fiduciary arrangement where a trustee holds asset (real estate, stocks, bonds, funds, etc) on behalf of another beneficiary. While the trustee holds legal title of the assets, the beneficiary has equitable title of the same. Having a legal title means that the trustee has ownership of the […]
My application for a Personal Protection Order (PPO) has been denied. What can I do next?
If you are a victim of family violence and your application for a Personal Protection Order (PPO) has been denied, it is natural to be disheartened and confused about the next steps to take. Nonetheless, there are a number of key things you can do to improve your chances of getting the PPO after your […]
Receiving Child Maintenance after 21 in Singapore
Even as the child has seemingly progressed into adulthood when he/she turns 21, an adult will always be some parent’s child. However, the law is not as sentimental as the loving parent when it comes to defining what a child is. When the child turns 21-years old, there is a celebration, then quite suddenly, any […]
Step-parent Obligations
In becoming stepfather/stepmother to your lover’s child, you may wonder if you have a duty to pay for the child’s living expenses where the child is still receiving maintenance from his/her biological/adoptive father and mother. A step-parent is classified as a non-parent, which even includes, grandparents or relatives. He/she is neither a biological nor an […]
Maintenance Obligations Amid Economic Crisis due to Covid-19
On 7 April 2020, the Singapore government passed a new Act, called the Covid-19 (Temporary Measures) (Control Order) Act 2020 to define the details of the circuit breaker restrictions for containing the spread of Covid-19. One of the measures in the Act called for a complete shutdown for many non-essential businesses which has caused serious […]
COVID-19 (Temporary Measures) Act 2020 and How It Affects Child Access Arrangements
(UPDATED AS OF 10 APRIL 2020) As a result of the enactment of the COVID-19 (Temporary Measures) Act 2020 (the “Act”) and the amendments made thereafter, every parent (either separated or divorced) will inevitably have questions on how the Act will impact their current Court Order or agreement on child access arrangements. On our analysis […]
Frequently Asked Questions on Guardianship in Singapore
What is the legislation governing Guardianship in Singapore? The legislation governing Guardianship in Singapore is the Guardianship of Infants Act (Chapter 122). It has been highlighted by the Honourable Justice Debbie Ong in the most recent High Court decision of VET v VEU [2020] SGHCF 4 (“VET v VEU”) that the purpose of the GIA […]
Co-parenting in a Pandemic
The Singapore Family Justice Court’s (“FJC”) approach to handling family disputes is to encourage effective co-parenting. Past cases illustrate that effective co-parenting involves prioritising the welfare of the children pursuant to Section 125 of the Women’s Charter. Judges have reminded parties that “acrimony is no excuse for the lack of communication” (in the case of […]
Impact of Coronavirus on Divorce & Child Custody in Singapore
The coronavirus pandemic has thrust the world into a period of fear and uncertainty. For divorced parents, these feelings are intensified. How can parents protect their children from potential exposure to the virus without violating a shared custody or visitation order? What if one parent believes a particular activity is safe for the children, but […]
6 Things to Ask a Family Lawyer Before Hiring
Divorce is never easy, but the right attorney can smooth the path. The “right” lawyer is not only well-qualified in the family law field, but has a working style and personality that meets your needs and expectations. When you meet with a prospective Singapore divorce lawyer, ask these six questions to determine whether you’re making […]
Covid-19 and Marital Relationship Issues
The worldwide call to limit external social activity, keeping a social distance, working from home and even having to isolate oneself at home will result in one having to spend much more than an unusual amount of time at home with their spouse. This situation can inevitably expose any underlying conflicts couples may be experiencing. […]
How Will a Divorce Pan out With Children in the Picture?
Divorce can be made simple if uncontested, but what if there are children in the picture? A divorce is no longer just between the Husband and the Wife when there is a child, or children, from the marriage. Television programmes often depict divorcing parents who are undergoing a ‘messy’ divorce ‘fighting’ for their child in […]
FAQs: Adoption in Singapore
What is adoption? Adoption is a legal process where parental rights over a child are conferred to the applicants. The relationship between the biological parents and their child is severed and replaced with a legitimate relationship between the applicant(s) and the child. In Singapore, the process is governed by the Adoption of Children Act (ACA). […]
When Does Discipline Become Child Abuse?
Corporal punishment may have once been a common mode of discipline across households in Singapore, but it is increasingly being frowned upon, especially as the leakage of such acts on social media has triggered waves of public outrage. The law supports the authority of a parent to inflict reasonable discipline on his or her child, […]
Citizenship Laws in Singapore: How is Citizenship Acquired?
Article 15 of the 1948 Universal Declaration of Human Rights states that everyone has a right to a nationality, and that no one shall be arbitrarily deprived of it. Indeed, citizenship is important, to the extent that some legal scholars have maintained that citizenship is a person’s basic right, or “the right to have rights”. […]
Outrage of Modesty: Practical Considerations
What is outrage of modesty? Section 354 of the Penal Code criminalises the use of criminal force on another person with the intention or knowledge that it will thereby outrage the modesty of that person. Outrage of modesty is also commonly known as molestation. The terms ‘outrage’ and ‘modesty’ are left undefined to accommodate for […]
Grey Divorce in Singapore
If you’re considering divorce at an older age, you’re not alone. As The Strait Times has reported recently, more seniors getting divorced in Singapore, even after decades of marriage. This trend is commonly known as “Grey Divorce” or a “Senior Divorce”. Grey divorce is becoming more prevalent as women become more willing to assert their […]
Driving while under Influence of Drink or Drugs – Road Traffic Act (Chapter 276)
67 – 1) Any person who, when driving or attempting to drive a motor vehicle on a road or other public place — is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper […]
FAQs : Birth Certificate Registration in Singapore
A birth certificate is something people often take for granted. Not many of us would think that it holds any value. However, something that we often overlook that is of great significance is whether both of our parents are named on our birth certificate. The consequences of not having a parent – the father, named […]
Postnuptial Agreements – Verbal Agreements Between Spouses
Essentially, postnuptial agreements are agreements entered into by married couples to determine issues upon divorce such as the division of matrimonial assets, maintenance and child-related issues. There 3 key points to note: Whether postnuptial agreements are enforceable Whether it makes a difference if the agreement was made verbally Whether the attempt to reconcile affects the […]
What is a Lasting Power of Attorney
In this article, we will be sharing some frequently asked questions by our clients in relation to a Lasting Power of Attorney. What is a Lasting Power of Attorney (referred to as ‘LPA’)? It is a legal document allowing a person who is 21 years or older (referred to as ‘donor’) to voluntarily appoint one […]
Appropriate Adult Schemes in Singapore
There are two types of Appropriate Adult Schemes in Singapore: Appropriate Adult Scheme for suspects with intellectual disabilities Appropriate Adult Scheme for young suspects under 16 years old Who is this for? As outlined above, there are currently two schemes. One of the schemes are intended for suspects with intellectual disabilities – such as people […]
How are Assets Divided in Divorce?
The most commonly asked question during divorce enquiries is how assets are divided during a divorce. This article offers general guidelines on how Courts in Singapore decide asset division. This is a complex process, and you can approach specialist divorce lawyers to give you specific advice for your situation. Mediation In the most ideal situation, […]
Implications of Annulment
Unlike a divorce, an annulment results in the marriage being treated as not having existed. As a result, some of the subsequent effects of an annulment differ from that of a divorce. This may be particularly so with regards to status of children, maintenance payments and property. Status of children The primary issue concerns the […]
What are some Alternatives to Divorce?
It isn’t an easy time when you are deciding whether to end your marriage, but you can take comfort in the fact that you are not alone. According to the Department of Statistics in Singapore, the median duration of marriages in 2017 stands at 10.3 years. Ending your marriage may at times be the best […]
Variation of Parenting Orders (Custody, Care and Control & Access)
At the end of the second stage of your divorce proceedings dealing with ancillary matters, the Judge has likely made a decision on various issues pertaining to your child. This includes orders regarding: Custody: which parent gets to make major life decisions for the child in areas such as education, healthcare, and religion? Care and […]
Strategy for Obtaining Custody from a Narcissist Parent
When you decide to divorce a narcissistic spouse, you may feel relief at finally being able to distance yourself from their toxic behavior. But the situation is more complicated when you have children.
Cohabitation Without Marriage Pitfalls (Illegitimate Children)
The Ministry of Social and Family Development (MSF) has recognised the family as a basic building block of our society, and has encouraged families to have children within marriages by providing benefits such as the Baby Bonus cash gift, housing benefits, and tax reliefs. But what happens if a child is born out of outside […]
Child Maintenance During National Service
Some frequently asked questions from clients include whether or not they are entitled to financial support from their ex-spouses before or after their children are 21 years old, when their children are enlisted in National Service (“NS”).
What to Expect When Divorcing a Narcissist
During my 23 year career as a Singapore divorce lawyer and divorce coach, I’ve seen numerous matters involving narcissistic spouses.
Hiring a Private Investigator for Adultery
Clients who suspect that their spouse is cheating on them are usually plagued with frustration, uncertainty, and grief.
Surrogacy and the Law – Frequently Asked Questions
The issue of surrogacy has been in the limelight as a result of a recent landmark High Court decision where a Singaporean gay man was legally allowed to adopt his biological child who was born through a surrogate mother in the US. In this article, we will be sharing with you some of the frequently […]
Singapore High Court Allows Gay Man to Legally Adopt his Surrogate Son
A quick Google search with the keywords “Singapore Gay Man Case” will result in articles from different online sources on the landmark High Court case that allowed a Singaporean gay man to
Compensation Monies and Matrimonial Assets
In our line of work, we see the strongest relationships break down that tugs our heartstrings. Yet most rewardingly, we are tasked with the noble job of listening to clients share their personal stories and helping them move on with their lives – one step at a time. Our experienced Singapore Divorce lawyers are family […]
What is an Uncontested Divorce in Singapore?
If you and your spouse are able to communicate in a civil manner, you`ll be able to make better decisions that will get you through a divorce more quickly. Even if you use the assistance of a mediator to cover all issues, you will file as simplified uncontested divorce. Through the Simplified Uncontested Divorce Process, […]
Trusts and Divorce
Divorces between financially sophisticated spouses often involves judges and lawyers encountering trusts issues when the topics of maintenance and the division of matrimonial assets arise.
Before you Adopt
Before you begin the adoption process, it will be prudent to understand what is adoption all about.
Protection from Harassment Act 2014
With the recent #MeToo Movement, more and more people are speaking out against the harassment that they have suffered.
Improvements, Protection & Challenges relating to Sexual Harassment
Types of Sexual Harassment, The Law – Statutes & Case Laws.
How do I Prove Adultery for Divorce Purposes?
High Threshold of Proof In Singapore, one of the ways to get a divorce is to prove that “your spouse has committed adultery and you find it intolerable to live with him or her.”
10 Things to Know about a Collaborative Divorce
1. What is a collaborative divorce? A collaborative divorce is a process which enables parties to use mediation and negotiation to settle their divorce.
Prenuptial Agreements FAQ`s
If you need legal advice to find out your options before you proceed to divorce, we offer a free no-obligation consultation with one of our divorce lawyers.
10 points to consider before filing for Divorce based on Adultery
1. There are two elements that need to be proven. Firstly, the plaintiff must prove that adultery has been committed by the defendant.
New Laws for Grab and Uber Drivers
Amidst the slew of alternative modes of transportation come two very familiar powerhouses on Singapore’s roads, both vying for a share of the private hire-car pie.
Existing Litigation vs Ancillary Matters
What happens if a third party files a separate legal suit claiming interest over the matrimonial assets?
Care and Control – Father or Mother
In granting care and control to one parent, factors that a court may take into consideration include the gender of the parent, continuity of living arrangements for the child and the lifestyle of each parent.
Deed of Separation in Singapore (‘DOS’)
What is the DOS about? A DOS is a private document which may be revoked at any time with the consent of both parties.
What Happens to Gifts from my soon to be Ex-Spouse?
Does my soon to be ex-spouse retain (i.e donor spouse) all the gifts he has given me or will they be subjected to the laws on division of matrimonial assets?
International Prenuptial Agreements
You need a highly experienced Prenuptial Agreement Lawyer when advising wealthy and entrepreneurial clients on protecting their wealth.
Tips for instituting Child Abduction Proceedings under the Hague Convention
A Hague Convention application may be made where a child is taken across an international border, away from his or her habitual place of residence, without the consent of the other parent who has rights of custody under the law in Singapore.
Agreements Entered into During Marriage – How Valid are they?
Does the law recognize agreements I entered into with my other spouse?
Can I be Forced to Maintain a Child Even Though I am not the Parent?
I’m not a parent. Can the court still force me to pay for a child’s maintenance?
Theft – s378 of the Penal Code
This blog post will first lay out the general elements of theft under Section 378 of the Penal Code.
Common Driving Offences and their Punishments
A key piece of regulation, which proscribes dangerous driving behavior in Singapore,
Criminal Force & Assault – s350 and 351 of the Penal Code
When is a person guilty of using “criminal force”? Criminal force under Section 350 is a charge that is taken very seriously in Singapore. This is especially when criminal force is used in furtherance of sexual crimes such as outrage of modesty or in cases of wrongful confinement as well as cases which deter a […]
Prenuptial Agreements in Division of Matrimonial Assets
Prenuptial agreements are a common trend in marriages today. They often involve the spouses entering into an agreement, prior to marriage,
Obtaining Maintenance in Singapore After a Divorce Overseas
Ordinarily, the Family Justice Courts could only order financial relief in the form of division of matrimonial assets (s 112, Women’s Charter (“WCh)), or maintenance of the former spouse (s 113, WCh) in respect of marriages that had been terminated in Singapore.
Spousal Maintenance in Singapore FAQs
Who can claim for spousal maintenance? The Women’s Charter provides that the wife or an incapacitated husband can claim for maintenance from the other spouse.
Interim Custody, Care and Control (ICCC) in Singapore
An Interim Custody, Care and Control (ICCC) order governs the care arrangements for the children of a marriage prior to a divorce.
Is Mediation Suitable For You?
Many who are considering divorce would also consider the option of mediation rather than litigation for the following reasons:
Littering in Public Places FAQs
What is considered as littering? If you throw any rubbish on the ground, it is littering.
How are Matrimonial Assets Divided in Singapore?
The apex Singapore Court of Appeal has repeatedly asserted that a “broad-brush approach” must be taken
Factors Affecting the Division of Assets in a Divorce
In ANJ v ANK [2015] 4 SLR 1043 at [22], the Singapore Court of Appeal highlighted the steps to be taken
Mandatory Parenting Programme
In order to support child-centricity in divorce, new rules in the Women’s Charter
Children in Divorce
Divorce proceedings can become considerably more complicated when there are children involved
The Divorce Process – In a Nutshell
In Singapore, Divorce is a 2-stage process, with each stage being contested or uncontested.
Divorce Strategy
The divorce process can be incredibly taxing emotionally, physically
Custody & Access Evaluation in High Conflict Divorce
In cases where child custody and access issues are heavily contested, the Court may order a Custody & Access Evaluation Report.
Capital Offences / Death Penalty in Singapore
What are listed as capital offences? Under the Penal Code, Cap 224
Plea Bargaining In Singapore
Plea bargaining is an informal two-way process between defence counsels
Why everyone should have a will
Making a Will and Why Everyone should make one. Click here to download pdf.
Requirements for a Will
Although you do not need a lawyer to make a Will, you are advised to engage the services of a lawyer
Lasting Power of Attorney
Why you should apply for a Lasting Power of Attorney? Unless you already have a Power of Attorney
What if the deceased’s will does not provide for me?
When a deceased’s will or the intestacy law does not adequately provide for the deceased’s
Laws of Intestacy in Singapore
In the absence of a will, your estate will be distributed in accordance to Singapore’s Intestate Succession Act.
The Role of an Executor of a Will in Singapore
Their role in relation to the Testator and Beneficiaries As the maker of the will
Civil Disputes Involving Copyright Infringement
If you are a performing artiste, writer or artist, this section may be relevant to you especially
Employment Contracts: Confidential Information/Trade Secrets
During the signing of employment contracts, employers may request for employees
Divorce Mediation in Singapore
At Gloria James-Civetta & Co, we understand that the divorce process is both difficult & complex.
Altering your Will
As you live life, your estate and your relationships with different people would be constantly changing.
How Does an Executor Know Where to Find The Will After Someone Passes?
In Singapore, there is no central storage area where Wills are stored. However, there is a Wills Registry
How do I Apply for a Grant of Probate?
A grant of probate is a court order given to the executor appointed by the deceased in his will to administer
How are Assets Distributed in the Event that there is No Will?
If you are a Singaporean who has property only in Singapore, your assets will be distributed
How do I Obtain Letters of Administration?
You would need to obtain letters of administration if the deceased had not left behind a will.
What is family violence? What can I do if I am a victim of family violence?
Most victims of family violence do not know that they are considered victims in the eyes of the law.
Requirements for obtaining an Employment Pass in Singapore
A. Eligibility Requirements of Employment Pass (“EP”) The current salary threshold for the EP is $3,300.
What happens at a Mediation Session?
The mediation session will usually involve the following steps: The mediator will introduce attending
Appointment of Directors
Under Singapore corporate law, all companies are required to have at least 1 director
Directors: Indemnity and Release of Duties
Relief given by company Under corporate law in Singapore, any provision
Directors: Remuneration
Under Singapore corporate law, in the absence of express stipulation in the articles of association
6 Reasons To Get A Prenuptial Agreement
A prenuptial agreement is an agreement between two people that is executed before marriage.
Adoption
The Adoption of Children Act (Cap. 4, 2012 Rev. Ed.) governs the adoption of infants in Singapore.
Property Law
Property Disputes actions are usually commenced in the High Court, as it requires the High Court
Sports Law
The commercial nature of sports means that they have a requirement for legal representation.
Personal Injury & Accident Law
If you have suffered an injury due to a negligence-related accident, you would be feeling a great deal
Employment Law
At GJC, our experienced team of employment contract lawyers is ready to offer comprehensive
Deed of Reconciliation
A Deed of Reconciliation can be executed between parties who have the intention to save their marriage.
Deed of Cohabitation
A Deed of Cohabitation is a contract between people who are living together but are not married.
Judicial Separation
If parties wish to live apart permanently but do not wish to commence divorce proceedings
Should I make a Will?
A Will allows you to give your assets to anyone and in any proportion you desire.
Legal Complaint in a Personal Injury Case in Singapore
If you have suffered a personal injury due to the negligence of another person, you will need to file a lawsuit against that party for compensation.
Can an Executor of a Will Be Forced to Execute the Will by a Judge?
Gloria James-Civetta & Co Estate Lawyers A judge can remove an executor if he does not perform his duties or the beneficiaries propose a good case to remove him.
Joint and Mutual Wills in Singapore
Gloria James-Civetta & Co There are various types of wills. The more common types in Singapore are simple wills, joint wills and mutual wills.
Will Writing Services
A Will with 2 Executors An executor is someone that you appoint and name in your Will to administer your estate and distribute your assets after you have passed on.
Amendments to the Singapore Employment Law Act
As effective from1 April 2014, we would like to highlight some important changes to employment law in Singapore that may affect your organisation’s employment policies and practices.
Testimonial letter form US Embassy for assistance in the Shane Todd Coroner`s Inquiry
We have recently received a testimonial letter from David I. Adelman, the current United States Ambassador to the Republic of Singapore, in recognition to our Lawyer team`s efforts in the Shane Todd Coroner`s Inquiry.
Women’s Charter Amendments 2011
The Women’s Charter governs the law of marriage and divorce, and recent amendments
