What Happens After the Divorce Is Finalised?

The finalisation of a divorce does not only signify the end of a marriage, but it also marks the beginning of a new chapter in terms of financial, legal and emotional adjustments. Once a divorce is finalised, you will need to address ancillary issues such as the division of assets, custody of children, spousal and child maintenance and the settlement of financial responsibilities. 

Finalising the Divorce

After a divorce petition has been filed and the Court has heard the case, the Court will grant an order for divorce known as an Interim Judgment. This allows the parties to start making post-divorce arrangements. However, the marriage is not considered fully dissolved until the Final Judgment is granted.

The Final Judgment is the legal document that formally ends the marriage. It is typically granted three months after the Interim Judgment, but can be sooner if there are no outstanding issues such as asset division or child custody. This is when the marriage is officially terminated, and both parties are legally free to remarry.

Property Transfers

Once the Court has made a ruling on the division of assets, both parties must comply with the Court’s order. If one spouse is awarded the family home, the legal ownership of the property will need to be transferred accordingly. This process typically involves updating the title deed, mortgage and other related documents.

Custody and Care of Children

If the parties have children, the Court’s primary concern regarding children is the welfare of the child. The Court will determine who has custody, care and control of the children, ensuring that the child’s best interests are met.

Custody

Custody refers to who has legal responsibility for making major decisions in the child’s life, including those regarding education, religion, healthcare and relocation. There are two types of custody:

• Joint Custody: In most cases, parents are awarded joint custody. This means that both parents will be involved in the child’s major life decisions.
• Sole Custody: In rare cases, one parent is awarded sole custody. This might happen if the other parent is deemed unfit to make decisions for the child, perhaps due to issues like abuse, neglect or addiction.

Care and Control

Care and control relates to where the child will live and which parent will have the day-to-day responsibility for the child’s upbringing. It is common for the parent who is awarded care and control to be the one that the child primarily resides with, although joint care and control can also be ordered in some cases.

The Court aims to ensure that both parents remain involved in the child’s life, provided it is in the child’s best interests. As such, access and visitation rights may also be arranged, even if one parent is granted sole care and control.

Parental Responsibility

Even if one parent has primary care and control, the other parent will still retain certain parental responsibilities, such as maintaining regular contact with the child and being involved in major decisions. If one parent denies access to the child, the other parent can apply to the Court to enforce their access rights.

Child Maintenance

In cases where children are involved, the Court will also order child maintenance. Child maintenance is intended to ensure that both parents contribute financially to the child’s upbringing. It covers expenses such as education, medical care, clothing and general living expenses.

The amount of maintenance depends on several factors, including:

• The needs of the child (e.g. age, health, schooling);
• The financial capacity of the parents to provide support;
• The standard of living enjoyed by the child during the marriage.

Typically, child maintenance is paid on a monthly basis, although lump sum payments can also be agreed upon. It continues until the child turns 21 or becomes financially independent, whichever comes first.

Spousal Maintenance

Spousal maintenance is not automatic, and the Court only orders it if one spouse can demonstrate a financial need. This can happen if:

• One spouse is unable to support themselves due to health issues, age, or being a full-time caregiver for children.
• The standard of living during the marriage was particularly high, and one spouse cannot adjust to a lower standard of living after the divorce.

Unlike child maintenance, spousal maintenance can be awarded on a short-term or long-term basis, and may be subject to review or modification based on changes in financial circumstances.

Updating Legal Documents and Responsibilities

Once the divorce is finalised, both parties need to update various legal documents and responsibilities to reflect their new status as individuals rather than as a married couple.

Name Changes

If either spouse wishes to revert to their maiden name or change their surname post-divorce, they will need to notify the relevant authorities, including the Immigration and Checkpoints Authority (ICA), banks and other institutions.

Updating Wills and Insurance

After the divorce, any Wills made during the marriage should be reviewed and updated. In Singapore, divorce does not automatically revoke a Will or any gifts bequeathed to your former spouse. This means that if you made a Will during your marriage, it would still stay valid even after your divorce is finalised. If you had gifted assets in that Will to your former spouse, they would still be entitled to inherit those assets after you pass away. This may not necessarily align with your current wishes. Therefore, it is important for you to update your Will after your divorce has been finalised. 

Similarly, life insurance policies, where a spouse is named as a beneficiary, should be updated to reflect the new status.

Tax Filing

Both parties must also adjust their tax filings. Post-divorce, the married filing status will no longer apply, and each spouse will file taxes as individuals. Depending on their income, they may also become eligible for different tax benefits and deductions post-divorce.

Moving On: Legal and Emotional Adjustment

After the divorce, both parties must move on and pilot their new lives. On the legal side, they will have to finalise the division of assets and liabilities, as well as comply with child custody and maintenance arrangements. On the emotional side, adjusting to life after divorce can be challenging. Both parties need to come to terms with their new circumstances and, in cases where children are involved, work to establish a healthy co-parenting dynamic.

For some individuals, seeking counselling or therapy after the divorce may help address emotional challenges, and support groups may offer additional emotional support.

If you require post-divorce advice, contact me today at 8039 9083 for a consultation.