When going through a divorce, a common question that often arises is how to determine what constitutes a fair and equitable settlement for both parties involved.
Since no two marriages are exactly alike, the answer to this question is rarely straightforward.
When determining what is just and equitable in each case, the Court considers a wide range of factors, including but not limited to both parties’ financial and non-financial contributions to the marriage, the future needs of each party and each parties’ income.
In doing so, the Court often takes a broad-brush approach, rather than using a detailed formula.
Reaching a fair settlement involves more than just looking at numbers — it requires a nuanced approach, that considers parties’ unique circumstances and the impact that any orders may have on parties and the children (if any).
Consult a Divorce Lawyer
A consultation with an experienced divorce lawyer is one of the best ways to understand what a fair settlement might look like.
They can assess your specific situation and provide advice on the likely outcomes for the following ancillary matters:
- Division of the matrimonial home;
- Division of the other matrimonial assets;
- Spousal maintenance;
- Custody, care and control, and access of the children;
- Maintenance for the children
A lawyer’s advice can help you understand what to expect and how to negotiate a settlement, that aligns with your interests and ensures your needs are met.
Read more: What Happens During the First Meeting with your Divorce Lawyer?
Seeking a Second Opinion
If you find yourself uncertain about the advice you’ve received, it would be wise to seek a second opinion—particularly from a law firm that has a diverse team of lawyers, including senior lawyers. Why does this matter?
Larger law firms often have access to a broader range of expertise and experience. Senior lawyers and specialists in family law can offer deeper insights, drawing from their wealth of knowledge in handling complex divorce cases. Different lawyers, even within the same firm, may approach the same legal principles from varying perspectives. This is because their experience, background, and interpretation of the law can differ.
For instance, a senior lawyer might have encountered cases with unique financial or custodial complexities, which can be invaluable when discussing what constitutes a fair settlement in your situation.
When you seek a second opinion from a firm with a large pool of lawyers, you’re not just getting an additional viewpoint—you’re tapping into a collective depth of knowledge that enhances the overall understanding of your case. This can help you identify potential pitfalls in the initial advice you received, uncover new strategies, or validate the course of action you are considering. In high-stakes matters like divorce, this thorough vetting process can provide peace of mind and ensure that all avenues have been explored before making any final decisions.
Ultimately, engaging a firm with multiple lawyers and senior legal professionals can enable you to receive more robust, well-rounded advice that is tailored to your specific circumstances, giving you greater confidence in moving forward.
Read more: Understanding Your Best- and Worst-Case Scenarios in Divorce: Why It Matters
Educating Yourself on the Divorce Process
Being well-informed about the divorce process is a powerful tool that empowers you to approach negotiations and discussions with greater confidence. A strong understanding of key legal principles and the steps involved can be immensely beneficial, as it prepares you for the challenges ahead.
Our Singapore Divorce Lawyer Blog is one such resource that offers valuable information to help you gain a deeper understanding of the bigger picture. From articles on property division and maintenance to insights on child custody and visitation, the blog serves as a guide for navigating the complexities of divorce in Singapore.
While specific legal advice should always come from a qualified professional, our blog provides foundational knowledge that can clarify your understanding and help manage expectations. Here’s why staying informed is so important:
- It allows you to have a better grasp of the legal framework
- You are better equipped to dispel common misconceptions
- This can improve communication with your lawyer
- It enables you to highlight and identify key areas of concern
- It strengthens your decision-making abilities
Read more: Divorce in Singapore is a Two-Stage Process
Attend Mediation Sessions
If you and your spouse are open to dialogue, mediation can help you achieve a mutually acceptable settlement without going through a lengthy and contentious court process.
Mediation is a non-adversarial approach that gives both parties the opportunity to sit together with a neutral third party, a mediator, present and to discuss what their needs are. The goal in a mediation would be for parties to reach an agreement, without going to Court. An experienced and well-trained mediator can help facilitate discussions between parties and assist parties in coming to an amicable resolution.
Read more: The Benefits of Mediation During Divorce for Your Children
Review Past Court Judgments
Another option is to look at past court judgments in similar cases to understand how the courts have ruled in similar situations. This can give you an indication of what might be considered fair in your situation. While no two cases are exactly alike, past decisions can provide a reference point for parties to work from.
Getting a Legal Opinion from GJC Law
At GJC Law, we help clients understand how the courts might view their unique circumstances and provide valuable insights, based on our extensive experience with similar cases. We will present potential scenarios, advise you of your rights and guide you in evaluating your options objectively. Our aim is to ensure that any decisions you make are legally sound and as closely aligned with your long-term interests as possible.
At the consultation stage, our Divorce Lawyers will:
- Assess if you can file for divorce in Singapore.
- Help you understand each step of the divorce process.
- Address questions & concerns related to divorce process.
- Help you explore your divorce options.
