Common divorce questions answered
Got a pressing question regarding divorce procedures? Ask lawyer RAJAN CHETTIAR.
When experiencing divorce you naturally wish to avoid the emotional rollercoaster ride of drama and focus instead on a speedy settlement. But the process of obtaining a divorce can leave you with many unanswered questions. In this Q&A we aim to offer some help.
Q. How do I get a Court order to file for divorce, before the first three years of marriage have passed?
A. It’s difficult to obtain such a court order. But the Court may grant it if you can produce a psychiatric report proving the breakdown of the marriage is causing you severe emotional hardship and an early divorce will help you recover your mental health.
Q. In Singapore, how long does it take to finalise divorce proceedings?
A. The shortest period is six months. The Singapore Family Court usually deals with the divorce and then hears any ancillary matters. After the divorce hearing, the Court grants an Interim Judgment – or temporary divorce order – and the Final Judgment is granted three months later, provided ancillary matters are resolved by then.
Q. How can I obtain an Interim Judgment quickly?
A. When filing, agree with your spouse you’ll be stating the facts to support the divorce. As long as your spouse doesn’t contest divorce proceedings, the process becomes administrative.
Q. What happens if my spouse and I fail to reach an agreement?
A. File the divorce papers expeditiously and state the essential facts to support your request for divorce. But keep in mind divorce papers aren’t an avenue to list complaints against your spouse.
If your spouse wishes to defend the proceedings, he or she will have to file a defence – or countersue you for divorce, defence and counterclaim. You’ll both then need to negotiate an uncontested divorce order, or attend mediation. If a Counterclaim has already been filed, consider amending your divorce papers and the Counterclaim.
Q. Does the reason for the divorce impact the spouse sued for divorce?
A. In
Q. Does the filing party have a legal advantage?
A. No. Your rights, custody rights, share of maintenance or the division of matrimonial assets are not affected – either party can file.
Rajan Chettiar
Commissioner for Oaths, Mediator LLB (Honours), Barrister-at-law (
My wife just file a divorce against me on the 20th April 2011. My concern is youngest children is 20years and 6 months. Finish his Polytechnic education and enlisting to army on 1st August. My wife is claim the custody with care and control to her.
Can my child decide for this case.