Divorce: Getting The Right Advice

Breaking up is hard whether it’s a “conscious decoupling” or an acrimonious split. But an expat divorce abroad adds a whole other level of complexity. Here, legal experts walk us through the divorce process for expats – from filing for divorce and jurisdiction, to splitting assets, maintenance and mediation.

- GEORGINA HOCKLEY

Filing for a divorce in Singapore: The first steps

KALIDASS MURUGAIYAN, founder of Kalidass Law Corporation, has years of experience dealing with divorce and criminal law matters. He explains that if you’re considering expat divorce, you will have jurisdiction to file a writ against your spouse in Singapore if you’ve been married for at least three years, and you or your spouse have been living in Singapore for three continuous years immediately prior to the divorce, or your spouse is a Singapore citizen. To establish this, you’ll need to provide details of habitual residence.

The law governing divorce in Singapore is The Women’s Charter 1961. Either party to a marriage may file for divorce on the basis that the marriage has irretrievably broken down by meeting one of five grounds for divorce: adultery, unreasonable behaviour, desertion for a continuous period of at least two years, separation for a continuous period of three years (by agreement), or separation for a continuous period of four years.

As an expat, it’s also worth getting legal advice on whether filing in your home country or country of marriage is more appropriate.

“Remember, too, that if you have children under 21, attending a mandatory parenting programme is a must before filling for divorce,” says Kalidass. Once you’ve done this, you’ll be issued a certificate of completion which will need to be filed with the divorce papers.

“Divorce proceedings are commenced by filing a writ for divorce together with a statement of claim and statement of particulars, a parenting plan, and a matrimonial property plan.” The Court will then conduct a mediation in person with both sides.