How to solve noise pollution with my neighbour?

Under the law, a person has the right to quiet enjoyment of his or her property. However, this right must be balanced against the right of your neighbor to engage in his or her own activities as well. Hence, it is only when your neighbor's noise pollution level has gone beyond tolerable levels that you are entitled to seek recourse. Otherwise, commencing civil proceedings for nuisance and/or harassment could be a fruitless process.

Whether the noise pollution level is considered a ‘tolerable level’ is dependent on a few factors: the duration, frequency and loudness of the noise. There is, however, no exact measurement of each factor which, when exceeded, will be considered sufficient nuisance. It is all very circumstantial and the court will make its decision based on the specific circumstance. For example, noise that is considered “loud” in a library may not be “loud” for a shopping mall. Ultimately, the key question is whether your peaceful enjoyment of your property is “reasonably” disturbed by your neighbor's noise pollution. To determine if you have a sufficient cause of action, it is thus advisable to seek legal advice from a civil claims lawyer.

Assuming that there is sufficient cause for action, you may seek mediation in the first instance through the Community Mediation Center. Should that fail, you may consider taking legal action, for example instituting civil proceedings against your neighbor for private nuisance and/or harassment.

If you wish to institute civil proceedings in Singapore, you may wish to seek legal advice from a Singapore Civil Lawyer from one of our leading law firms, Gloria James-Civetta & Co. At Gloria James-Civetta & Co, we offer a free 20-minute consultation with one of our lawyers. Should you have any queries or should like to seek legal representation, kindly contact us at 6337 0469 or email us at consult@gjclaw.com.sg.

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Employment: Know Your Rights

Were you unfairly terminated?

Whether you had received unfair treatment is governed by the Employment Act. Termination is considered fair if

• Notice is given; and
• Notice is of the required period (see table below)

Period of Employment	Required period of notice of termination
<26 weeks	1 day’s notice
> 26 weeks but < 2 years	1 week’s notice
2 years > but < 5 years	2 week’s notice
> 5 years	4 week’s notice

In the event that either of the requirements is not fulfilled, it is still a fair termination if:

- The employer has given the salary equivalent to the required notice of termination;

- The employee has wilfully breached the terms of contract of service, e.g.

• employee is absent for more than 2 continuous days without even attempting to inform his employer
• employee committed some gross misconduct e.g. criminal offences

It is fair if you are dismissed with

- just cause or;
- just excuse

If any of these points were not fulfilled, you may be unfairly terminated. You should contact a lawyer as soon as possible to check if you have any claims or remedies.

At Gloria James-Civetta & Co, we offer a free 20 minutes consultation with one of our employment lawyers who will assess your case. Kindly contact us on 63370469 or email us.

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Singapore Law Office

About Our Singapore Law Office.

Gloria James-Civetta & Co is a full service law firm in Singapore, offering a comprehensive range of legal services to both businesses and individuals.

Our solicitors in Singapore advise clients in a wide range of areas in the personal law field– particularly family, criminal, personal injury and mediation matters.

We are well-known for our work in the family law sector, where we have built up a reputation for sensitivity and dedication in dealing with complex, and often high conflict cases.

Gloria James-Civetta & Co represents clients in the following areas of law:

Criminal law

Family Law ( Divorce )

Civil & Commercial law

Corporate & Employment law

Accident/ insurance Law

Will & Estate Matters

Coroner`s Inquest

Mediation Services

For further information, please visit our website www.gjclaw.com.sg or call us on +65 63370469

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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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Will and Last Testament in Singapore

A Will is made to provide for the administration and distribution of what a person owns. The person who makes this Will is called the ‘testator’. The people who are going to inherit or benefit from the will are the ‘beneficiaries’.

The testator appoints an ‘executor’ and he/she is able to administer and distribute his estate upon the person’s death.

Theoretically, a person above the age of 21 with a sound mind may make his own Will in Singapore without the assistance of a lawyer. However there is a risk that the Will may be ineffective or invalid, causing the beneficiaries to not being entitled to the inheritance and going through unnecessary sufferings. Hence, it is in your best interest that you engage a Wills lawyer who will advise and guide you through the entire process.

The signing of the Will must be witnessed by two persons, who must be present at the same time. They cannot be beneficiaries of the Will nor can they be the spouses of any of the beneficiaries.

In the event you want to the change your Will, consult a Wills lawyer in Singapore who will provide a Will Writing Service as well as take you through the necessary procedures. Crossing words out, adding parts in or attaching anything to it will render it ineffective and invalid. The Wills lawyer would help you make a fresh Will or prepare a supplemental Will.

If someone passes away without making a will, the person’s assets will be distributed according to the rules of intestacy, governed by the Intestate Succession Act. 

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