Wednesday, August 17, 2022

Divorce: When Does The Case Commences And Ends?

Family issues have always been visible ever since. These are just common problems that usually parents are facing off. However, not all parents can handle cases and find solutions. Instead, the parents end up deciding that the children can be affected. Therefore, Singapore law had covered family law, which handled legal cases of the family.

The family law in Singapore

The family law of Singapore is dealing several family legal issues in the state, such as:

  • Adoption
  • Divorce
  • Children’s issues
  • Personal protection orders
  • Matrimonial property division
  • Probate
  • Maintenance

Singapore has two different sets of family law: for everyone and the Muslims. The divorce lawyer singapore can discuss and handles the two sets of family law, which is called:

  1. Family law for Muslims. It is codified in the AMLA (Administration of Muslim Law Act).
  2. Family law for non-muslims. It is codified in the “Women’s Charter”.

The FJC or Family Justice Courts of Singapore handled all these family cases.

When can divorce be granted?

Divorce is just easily considered and granted by the court because the spouse wanted it. Of course, there should be grounds for divorce that the complainant must establish. The court recognized grounds, such as:

  • Adultery
  • Unreasonable behavior
  • Desertion
  • One party must be staying in Singapore for 3 years
  • It applies to both foreigners or Singapore citizens

How to apply for divorce?

Applying for divorce is not all about going to the divorce lawyer’s office in Singapore and instantly file the case. Applying for a divorce needs to submit all these essential documents:

  • Writ for divorce
  • Statement of particulars
  • Statement of claim

The statement of claim contains all the reasons why you are filing for a divorce. Although it is possible to proceed in the divorce proceedings in Singapore with no divorce lawyer, some would consider their legal advice and consents if the complainant is doing the right thing or not. Hence, the Family Court can’t offer any legal advice regarding the case. The divorce lawyer will help or assist the complainant legally and may help to make the case easily granted as soon as possible. Also, spouses will no longer be permitted to take any of their kids out of state, sell joint properties, and borrow against the property.Property deed lawyer handles all this thing very properly in such matter.

What will happen when divorce commences?

If both parties think the divorce case proceeds for several court hearings without trying to fix the marriage, they are wrong. Once the divorce commences, there will be forms of disputes that the defendant may raise, which will result in a referral, a marriage counseling. Marriage counseling will be handled by the divorce lawyer or any professional marriage counselor. Once it fails, both parties file affidavits of evidence. Hereafter, the judge determines the case as an uncontested or contested divorce. The judge calls for 3 months for an interim judgment. Interim judgment is the event that both parties are given one last chance to reconcile. Once it fails, the ancillary process starts.

Finally, once the judge finds that the marriage is broken down irremediably, the divorce will be granted. However, if both parties decide to remarry, they are granted to do so, but only after three months. Many marriage issues remained unsolved until they filed a divorce case.

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