Divorce is a significant life event that can lead to many changes, including the possibility of remarriage.
Understanding the legal framework surrounding remarriage in Singapore after divorce is crucial for those contemplating this step.
The process involves several stages, starting from the finalization of the divorce with a Final Judgement from the Courts, to understanding the implications of remarriage under different legal statuses such as interim judgement or judicial separation.
When can I Remarry?
In Singapore, divorced spouses can proceed to remarry after finalising their divorce. Specifically, the Courts must have granted your Final Judgement, allowing the marriage to dissolve.
At which juncture is the Final Judgement?
Many divorced couples are under the impression that their marriage has been successfully dissolved upon being notified of the outcome of their final ancillary matters hearing.
However, this is a common misconception. The final ancillary matters order is not equivalent to the Final Judgement. The latter may only be applied for after all ancillary Orders have been made and three months have elapsed since the granting of the Interim Judgement.
What about marrying after my Interim Judgement?
Marrying without being eligible to do so, either by way of not obtaining a Final Judgement (such as doing so immediately after the Interim Judgement) or without going through a divorce, is an act of bigamy, an offence in Singapore.
You are liable under Section 6A of the Women’s Charter and may be imprisoned for up to 7 years and be liable to a fine of up to S$10,000.00 if found guilty.
Is there a manner to expedite my Final Judgement?
Should you require an expeditious remarriage, you may apply to the Courts to speed up the process of obtaining your Final Judgement. This term is called “Abridgement“.
An abridgement application can speed up the time between an Interim Judgement and a Final Judgement from 3 months to 2 weeks. However, do note that applications are wholly subject to the Court’s discretion, and applicants must prove they are in a position of need.
I was granted a Judicial Separation from my spouse. Can I remarry now?
A divorce is not equivalent to a Judicial Separation. In a divorce, the marriage is dissolved, whereas, in a Judicial Separation, parties have mutually decided to separate while maintaining the legal status of marriage. As such, should you remarry while being judicially separated and not divorced, you will be committing the offence of bigamy as abovementioned.
Can I Remarry my ex-spouse?
There are no laws in Singapore prohibiting the remarriage of ex-spouses. However, should you both be in the process of divorcing, you may choose to rescind the proceedings to prevent the dissolution of your marriage.
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Should you require legal representation, kindly contact Gloria James-Civetta & Co for a free consultation with one of our divorce lawyers.