Singapore Divorce FAQ

They are:-

• Maintenance of ex-wife
• Custody of children
• Maintenance of children
• Division of assets and
  properties

Maintenance is often claimed and awarded pending the conclusion of matrimonial proceedings as part of the ancillary matters.

Only wives can claim spousal maintenance. Maintenance can be claimed on an interim basis pending the hearing of matrimonial proceedings and at the final hearing of ancillary matters.

The court must have regard to all the circumstances of the case when awarding maintenance (section 114(1), Women’s Charter). This includes income, earning capacity, property, the parties’ age, financial resources, needs and obligations, the standard of living of the family before the breakdown of the marriage, the duration of marriage, any disability and financial and non-financial contributions. Parties should be, as far as is practicable, put in the financial position they would have been in had the marriage not broken down and where each party properly discharged his or her financial responsibilities to the other (section 114(2), Women’s Charter).

There is no broad principle that a husband who has not maintained a wife during the marriage is automatically absolved of the need to do so after a divorce. In addition, a former wife must, where possible, make reasonable efforts to secure gainful employment and contribute to preserve her pre-breakdown lifestyle. The court assesses the reasonableness of a spousal maintenance claim taking into account the husband’s ability to pay .

Yes, the Court may vary, rescind or suspend the Order if :-

• it was made based on a misrepresentation or a mistake; or

• there has been a material change in the circumstances after the Order was made

The Court may order the following:-

• attachment of earnings order
• writ of seizure & sale
• imprisonment

It means the husband’s or father’s employer is ordered to keep a part of his salary to pay for the maintenance. If he leaves his employment, a new order has to be obtained against his new employer.

The husband’s or father’s personal property is seized and will be sold to pay for arrears of maintenance.

Generally for short, childless marriages, a wife tends to get a share of the matrimonial assets which is close to her direct contribution to their acquisition and where possible, lump sum maintenance.

In the division of matrimonial assets in long marriages “the proportion awarded to homemaker wives who have made modest financial contributions for marriages lasting 17 to 35 years with children, ranged between 35% to 50% of the total matrimonial assets, but subject to exceptions.

The Singapore Court emphasised the need for a holistic assessment of direct monetary contributions and all other indirect contributions in deciding on the division of assets.

During the subsistence of a Marriage, the husband has an obligation to maintain his wife and children.

The Singapore Court, when granting a judgment of divorce, judicial separation or nullity of marriage, has powers to order the division or sale of matrimonial assets, in such proportions as the Court thinks just and reasonable.

The statutory criteria considered include the:

• Extent of contributions in money by either party.
• Parties’ property or work to the acquisition, improvement or maintenance of marital assets.
• Debts or obligations undertaken for the benefit of the family.
• Needs of any children.
• Extent of contributions to care for the family and relatives.
• Income, earning capacity and financial needs of the parties in the foreseeable future.
• Duration of the marriage.
• Age of the parties.

Divisible matrimonial assets are defined as any asset of any nature acquired during marriage by one or both spouses. Any asset acquired by a spouse before marriage is not treated as a matrimonial asset unless:

• The asset is ordinarily used or enjoyed by both parties or one or more of their children for shelter or transportation or for household, education, recreational, social or aesthetic purposes.
• The asset has been substantially improved during the marriage by the other party or both parties.

Any asset acquired at any time by gift or inheritance is not divisible, unless substantially improved during the marriage by the other party or by both parties to the marriage.

This Order is usually used as the last resort, which means that the Court will sentence the Defendant to a term of imprisonment. Such order is usually not beneficial to the wife, ex-wife or children because if the husband or father is in prison, he is unable to earn any income.