Matrimonial Relief in Singapore

A group of lawyers from Gloria James Civetta elaborates on the different type of court orders that can be granted under the application for matrimonial reliefs by parties seeking to terminate their marriage.

What is matrimonial relief?

The term “matrimonial relief” is used to describe orders granted by the court which affect the continuity of the spouses’ relationship. The types of reliefs that the court may grant under the Women’s Charter are

• ·  Nullity of marriage (Relationship is      declared to not have been validly formed)
• ·         Divorce (Termination of the relationship)
• ·         Judicial Separation (Suspension of the relationship)

Judgment of Divorce

This court order terminates a perfectly valid marriage. It is the most frequent order granted by the court amongst the judgments of matrimonial relief.

Presumption of death and divorce

This statutory presumption is a variation of the judgment of divorce. Where your spouse has been missing for a number of years and you have no reason to believe that he or she is alive, the Women Charter allows you to apply for a judgment which presumes your spouse to be dead and to proceed to terminate your marriage by divorce.

Your spouse being missing and continually absent for a period of 7 years or more coupled with the fact that you have no reason to believe that your spouse has been living within that time, is evidence that he or she is dead, unless the contrary is proved.

Judgment of nullity

This judgment declares the marriage to be invalidly formed. There are two kinds of judgments, one being the judgment of nullity of a void marriage and the second being that of a voidable marriage.

Only the latter affects the continuation of a marriage since a void marriage is one that has never existed in law in beginning. The judgment for a voidable marriage operates from the date of its making. Hence, there could have been a formation of a valid marriage between the formation of the voidable marriage and the date it was declared to be a nullity. This judgment dissolves the invalid marriage.

Judgment of judicial separation

This judgment merely suspends the relationship. As such, this judgment has the least effect on the continuity of the marriage compared with the judgment of divorce or nullity of a voidable marriage.

In fact, the spouses can achieve the same result by separating from each other without court proceedings or by entering a separation agreement.

This judgment is a provisional one, and the making of a judgment of judicial separation does not prevent an application for the more permanent divorce relief.

Matrimonial proceedings

While the effect of each judgment may differ, there are features common to all matrimonial proceedings. Proceedings may only begin when the parties meet the requirements of the matrimonial jurisdiction – In Singapore, matrimonial jurisdiction rests in the Family Court – and both the matrimonial proceedings as well as the conduct of the proceedings must be brought following the rules specially created for them.

Gloria James Civetta is an established law firm with a team of divorce lawyers well versed with family law in Singapore and can provide legal advice to aid in your pursuit for divorce as well as court dispute resolution and alternative dispute resolution services.

Email us or call +65 63370469 to speak to one of our friendly lawyers.

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Matrimonial Law Singapore

Dispute Resolution

A recent development in family law in Singapore is the Collaborative Family Practice (CFP). The Collaborative Family Practice (CFP) begins before the start of divorce proceedings in Singapore and allows parties to negotiate the terms of their divorce. This form of alternative dispute resolution is provided by the Singapore Mediation Centre (SMC) and aims to help couples reach an amicable solution to avoid an acrimonious litigation process.

Lawyers in Singapore involved in this process are specially trained collaborative divorce lawyers. The panel of Collaborative Family Practice (CFP) consists of nineteen lawyers from leading law firms in Singapore. Among them is Ms. Gloria James Civetta of GJC law, a top family law firm in Singapore that also offers services for civil proceedings, business and commercial disputes in Singapore. Legal advice about family law in Singapore related to any form of divorce mediation can be sought from law firms in Singapore like GJC law.

The collaborative divorce lawyers that assist you in Collaborative Family Practice (CFP) must not represent you again in future litigation should a settlement not be reached. This is to encourage a settlement to be reached between parties. Further, this aims to help provide a safe environment for parties to negotiate without prejudice.

After completing the Collaborative Family Practice (CFP) process, the divorce proceedings will begin in court. Divorce proceedings will go smoother with a prior settlement agreement in place completed during the Collaborative Family Practice stage. 

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Singapore Family Lawyer

Gloria James-Civetta is a family law practitioner with Singapore law firm Gloria James-Civetta & Co, she provides a candid insight into the challenging practice of family law in Singapore.

 What is family law?

Family law encompasses a broad range of legal issues that face families. A typical family lawyer will deal with the following issues:

      Divorce

     Spousal support

     Child support& maintenance

     Custody of children

     Division of assets in a divorce

     Adoption

     Family disputes

     Paternity

     Mediation

     Collaborative family law

       

       What is most satisfying about practicing in this area of the law?

Whilst the procedure for divorce is brutal by nature and quite traumatising to many, you know that at the end of it all, people are going to move on to the next stage of their lives and be better off for it. As lawyers we do all we can tohelp individual through one of the most stressful experiences in life. Knowing that you do your best through your thorough knowledge of the law is a reward in itself.

What are the biggest challenges you face?

The biggest challenge is that sometimes, some clients refuse to see the big picture and develop big expectations in the outcome of their case. Opposing lawyers can sometimes be an even bigger obstacle.

What is a typical day of a lawyer involve?

Each day brings about a different challenge but for most part, the duties will vary in no particular order.New issues arise frequently so you must be mentally switched on. Checking emails, doing telephone conferences, preparing affidavits, seeing new clients and dealing with existing clients who are facing difficulties are all part of the daily routine.

What skills are needed to practice family law?

A family lawyer must possess the skills of both litigator and mediator. You must possess an ability to stay focused and time organised as priorities can change from hour to hour. You must be able to quickly calculate numbers and percentages when in a meeting with a client.

People skills are very important, particularly oral communication, this is how you convey to your client your persona and knowledge of the law. You are constantly in contact with people, whether it be your client, opposing lawyers, secretaries or court officials.

What are the latest trends in family law?

A relatively new concept in Singapore, Collaborative Family Practiceis a dispute resolution process new to Singapore. It is a legal process whereby couples who have decided to separate or end their marriage, can avoid the lengthy and costly process of a contested divorce through negotiation.This process has successfully achieved satisfactory results for divorcing parties and is much less stressful for all parties.

For information on family law, visit www.singaporedivorcelawyer.com.sg

Should you have any questions or need legal representation, kindly contactGloria James-Civetta & Coon 6337-0469 for a free consultation, or email toconsult@gjclaw.com.sg

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Prenup Agreement- Things to consider before signing it

Love is not bed of roses as we dive in emotions and long for togetherness but it misleads and can be indeterminate and vague at the same time. This has never stopped couple from announcing their big days but everything comes with an expiry and love is no miracle unless we think and make it to be. Contemplating marriages from putting love in exact terms with a pre-nuptial agreement is certainly on either way a biggest need of the hour. Couples can dictate where they should live, have how many kids or in rather case how the matrimonial assets be divided.

Apparently in Singapore, couple may even include and conceive “force-majeure” clauses by successfully including:

·         How much of a spouse can receive as maintenance

·         With broken marriage, the term of forfeiture of assets is done by which side of party.

As prenup is a legally binding contract that is signed after a marriage it is meant to be as it is. So whether you end up divorcing, the contract visibly states that how premarital as well as marital assets will be divided up. In recent past, a prenup might even be viewed as one of an escape clause. Additionally, various other couples are also looking at it to resolve difficult issues calmly during good times as contradicted to emotions and tensions present in light of divorce. 

For everyone who is considering signing one should take few things in consideration:

 

·         The Court has the Final Say in Things: The prenuptial agreement is meant to be sanctioned by court under the Women’s Charter under their own scrutiny and possess all the power to divide matrimonial assets.

·         Maintenance is A Must:  A husband can’t draw out of paying maintenance for his wife and children thus no matter what he has to pay it all.

Ensure you know it all about family law in Singapore and then ensure that you seek legal advice before signing the prenup.

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