Preparing for the Initial Meeting with a Divorce Lawyer

The decision to divorce is one that is commonly accompanied by strong emotions and there is often confusion about what to do. The natural step for a person intending to divorce will be to make an appointment with a family lawyer to seek advice.

At the initial meeting, which is largely a fact-finding exercise, it is important for you to come prepared with some questions for the family lawyer. This will assist the family lawyer in assessing your issues and also help you clarify your expectations.

Questions for the Family Lawyer

Some questions you may wish to have would be:

• What is the process and timeline of a divorce?
• Are there any mediation or counselling options I will need to attend?
• What is the fee structure and what is an estimate of the cost of the divorce process?
• Who will be the lawyer handling my matter?
• How should I communicate with the lawyer?
• What other information will you require from me?

Preparing a Factual Summary

It will also be helpful for you to consider the following factors to prepare a factual summary of your marriage in preparation for the discussion with the family lawyer.

• When and where parties were married
  • The length of the marriage is important in determining whether a divorce writ can be filed given that there is a restriction on filing for a divorce within the first 3 years of marriage (Section 94(1) Women’s Charter 1961).
• Brief history of the marriage
  • This includes information to provide some context about the marriage and would include, how you met, how long you were dating before the marriage, the living situation after the marriage, and your respective responsibilities in the household.
• How you came to the decision to divorce and the current situation you are in
  • You should be prepared to share openly and candidly with the family lawyer regarding how the marriage broke down.
• • The sole ground of divorce is the irretrievable breakdown of marriage supported by one or more of five facts in Section 95(3) Women’s Charter 1961) as follows:
    • Your spouse has committed adultery and you find it intolerable to live with him or her;
    • Your spouse has behaved unreasonably in such a way that you cannot be reasonably expected to live with him or her;
    • Your spouse has deserted you for a continuous period of two years;
    • You and your spouse have lived apart for a continuous period of three years and your spouse consents to the divorce; and
    • You and your spouse have lived apart for a continuous period of four years.
  • In addition, you should also state what is your current living arrangement and whether any indication has been made to your spouse regarding your intention to divorce.
• Children (if any) and plans for the children
  • This includes the number of children of the marriage when the children were born, what school are they attending (if applicable) and who is their caregiver.
  • If you or your spouse have children outside of the marriage, information regarding the children should also be provided.
  • Your plans for the children after the divorce should also be stated. This includes who should have custody of the children, who the children should live with, how the other spouse would spend time with the children, and maintenance for the children. You may also wish to consider your reasons for these decisions.
• Assets (if any) and plans for the assets
  • You should first identify the assets which could be liable for division. This includes bank accounts, properties, vehicles, etc. In addition, you may wish to briefly note down when the assets were obtained and by which party.
  • You should also note down the proportion of assets you hope to receive and further if you or your spouse have any agreement regarding the division of assets.
  • Assets may be divided into four categories (USB v USA [2020] 2 SLR 588):
    • Assets obtained during the marriage by the efforts of one or both spouses and the matrimonial home (“quintessential matrimonial assets”). These assets are liable for division;
    • Pre-marital assets obtained by one or both spouses which were substantially improved during the marriage or ordinarily used or enjoyed by the family (“transformed assets”). These assets are liable for division;
    • Pre-marital assets obtained by one spouse but are not substantially improved nor ordinarily used or enjoyed by the family. These assets are not liable for division.
    • Gifts or inheritance which are not substantially improved during the marriage or ordinarily used or enjoyed by the family are not liable for division. If they are, they will be treated as transformed assets.
• Occupation and income of parties:
• Whether the other party would contest the divorce
  • While the emotions are high and it may appear overwhelming at first, take heart that the family lawyer will be there to support you along the way. Your factual summary need not be exhaustive, it is merely a guide for you to have a meaningful discussion with the family lawyer.

Questions you may have

Read More:
Engaging a Lawyer – The Letter of Engagement and Warrant to Act
Benefits of Working with a Large Team of Divorce Lawyers in Singapore