Short-term maintenance
Lawyer RAJAN CHETTIAR provides step-by-step solutions for interim maintenance.
A number of “trailing spouses” become housewives upon moving to Singapore, suspending their chosen career to support their husband and family. When a marriage breaks down, it’s normal for such wives to worry about their financial future and hesitate when filing for divorce. But you are entitled to an “interim maintenance” approved by the Family Court, while you decide to file for divorce.
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Prepare a Magistrate’s Complaint seeking for interim maintenance at the court. Once complete, you’ll appear before a judge to affirm the truth of the complaint.
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If the complaint is in order, the Magistrate will order a summons to be issued against your husband, which will request his presence in court for the service of the summons. You’ll also have to be present.
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Once the summons is served, upon both your consent, the court mediator will mediate the issue of interim maintenance.
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If settlement is reached, you will both appear before a Judge to record the agreed terms in the form of a consent order. If no settlement is reached, a date will be fixed for both parties to appear in court again.
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If your husband fails to attend court, a complaint will be served requesting his attendance at a “mention” date.
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If your husband does not attend the first mention, a warrant of arrest will be issued against him to appear in court.
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At the mention, the court can order your husband to pay reasonable maintenance to you pending the final hearing of the summons. If you and your husband haven’t attended a mediation session, you may be expected to do so that day.
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If no settlement is reached the court will file for an Affidavit, leading to a trial.
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During the trial, you will have to confirm – under oath – your affidavits are true and accurate and you will be cross-examined by your husband’s counsel. The same process also applies to your husband.
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The court then makes an interim maintenance order which will continue until the issue of maintenance is reviewed during divorce proceedings. This hearing can last from a few hours, to a day, or more than a day. Should you decide to seek legal representation, you will only have to attend Court until the first mention. The rest will be taken care of by your solicitor.
Rajan Chettiar
Commissioner for Oaths, Mediator LLB (Honours), Barrister-at-law (
What if I get married in Sinapore and then move overseas and then divorce in another country? Am I still liable to pay maintenance to my ex wife if she is Singaporean and moves back to Singapore? Also, what if all my assets are under a company name and all my income is treated as a company expense to avoid tax ? Then theoretically I have no income to pay any sort of maintenance, and I have no assets to divide.
Will the Singapore courts still be the rule of law in this case? Also if I make my wife sign a pre nuptial in my home country does this not mean I have no obligations ?