Divorce can be a good option to allow couples to enjoy comfortable lives on their own when they no longer find it tolerable to live with one another. We understand that this is not an easy battle.
However, there are plenty of myths out there that tend to induce fear in the couple who then refrain from filing for a divorce. This adds more strain to an already worn-down relationship.
Here, we discuss four common legal myths of divorce in Singapore.
Myth #1: You will get a better settlement if your spouse had an affair. Myth #2: If your ex-spouse does not pay maintenance, you can stop him from seeing your children. Myth #3: Divorce always involves nasty courtroom battles.
Myth #1: You will get a better settlement if your spouse had an affair.
Adultery is only a ground to file for a divorce. It does not influence the division of matrimonial assets as well as child custody.
The Family Justice Court in Singapore does not look at who is in the wrong when deciding on the final settlement of the divorce. It looks at what is “just and equitable” between both parties and for the children involved if any.
As such, the material conclusion of a divorce settlement is underpinned by the spouses’ contributions to the marriage, and what they can provide within their capacity after the divorce.
Therefore, the plaintiff is not guaranteed a higher percentage of matrimonial assets and child maintenance in a divorce settlement on the grounds of adultery.
Read more: Adultery – FAQ`s bY Gloria James-Civetta & Co
Myth #2: If your ex-spouse does not pay maintenance, you can stop him from seeing your children.
No, this is not possible. Child maintenance and child access are two separate legal matters. If your ex-spouse is not paying maintenance, it should not prevent you from fulfilling your duties as the custodial parent.
This means that should you have care and control of your child, you cannot stop him/her from meeting the other parent.
Access and maintenance are important aspects of the court’s decision in ensuring that the child receives support from both parents until he/she reaches 21 years of age.
Just as you cannot stop access due to no payment of maintenance, your spouse is still expected to pay for maintenance if he/she is denied child access.
Read more: If Your Child Refuses to have Access with the other Parent
Myth #3: Divorce always involves nasty courtroom battles.
Not all divorce cases lead to litigation. Most divorce cases in Singapore are primarily uncontested.
This means that reasons for divorce and ancillary matters pertaining to child custody and division of property are agreed upon between the spouses before the divorce proceedings take place.
As such, when a divorce is uncontested, attendance of the parties during the hearing of the divorce writ and ancillary matters is dispensed unless the court requires them to be present.
However, if the parents are representing themselves in court, they will need to attend the proceedings.
Should the divorce be contested, and disagreements arise pertaining to ancillary matters, divorcing couples can also use other means to resolve the conflicts.
These include court-based or private family mediation and counselling sessions that help to negotiate the best interests for the children following the divorce.
Couples can also opt for a collaborative divorce to decide on the outcome of the divorce in a more amicable manner. It also helps to avoid the emotional strain that often arises during traditional divorce litigation in the court.
Read more:
At the free 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.
