Family law encompasses a broad spectrum of legal issues that arise within familial relationships, ranging from marriage and divorce to child-related issues and estate planning. In Singapore, family lawyers play a crucial role in helping individuals navigate these complex and emotionally charged matters. In this article, we explore some of the common issues handled by family lawyers in Singapore, shedding light on the legal processes, challenges, and resolutions involved.
- Divorce and Separation
Divorce and separation involve not only legal dissolution of marriage but also addressing various ancillary matters such as the division of matrimonial assets, wife and children maintenance, and child-related issues such as custody, care and control, and access.
Family lawyers help clients understand and guide them through the process of divorce under the Women’s Charter 1961 (“Women’s Charter”). There is only one ground for divorce in Singapore which is the irretrievable breakdown of marriage due to either one of the following five facts:
- Adultery;
- Unreasonable behaviour;
- Separation for 3 years (with consent);
- Separation for 4 years (without consent); and
- Desertion.
Family lawyers guide clients through the process of filing for divorce, including preparing and filing the necessary documents, serving the divorce papers on the spouse, and attending court hearings.
- Custody, Care and Control, and Access
Section 3 of the Guardianship of Infants Act 1934 provides that where in any court proceedings, the custody or upbringing of a child is in question, the court in making a decision must regard the child’s welfare as the first and paramount consideration.
When dealing with matters involving children such as when advocating for the custody, care and control, and access, family lawyers help clients understand what would be in the best interests of the child, highlighting the responsibilities and obligations of the parents. Family lawyers also help parties to understand the differences between the types of arrangements of custody, care and control, and access. Common types of child-related orders are, but not limited to:
- Custody: sole custody or joint custody;
- Care and control: sole care and control or shared care and control; and
- Access: supervised access, unsupervised access, or liberal access.
Additionally, family lawyers assist parents in establishing access schedules and addressing issues related to parental access and relocation.
- Maintenance
Maintenance, or financial support, may be awarded to spouses and/or children following a divorce pursuant to Section 112 of the Women’s Charter or as a standalone application under Section 69 of the Women’s Charter.
Family lawyers help clients determine their entitlement to maintenance and calculate the appropriate amount based on factors such as income, earning capacity, and financial needs. They negotiate maintenance agreements with the opposing party or represent clients in court to seek maintenance orders. Conversely, family lawyers defend clients against unjustified claims for maintenance and ensure that support obligations are fair and reasonable.
Additionally, where parties are liable to pay maintenance but refuses to comply with the court orders for maintenance, family lawyers assist in enforcement of such orders so as to protect the receiving parties’ rights and welfare.
- Division of Matrimonial Assets
Dissolution of the marriage is only the first stage of the divorce proceedings. At the second stage of the divorce proceedings, including the division of matrimonial assets involves identifying, valuing, and distributing certain assets such as those acquired during the marriage.
Family lawyers work closely with clients to compile a comprehensive list of matrimonial assets, which may include properties, savings, investments, businesses, and monies in bank accounts. They assess the contributions of each party to the acquisition and maintenance of these assets, including financial contributions, non-financial contributions, and homemaking responsibilities. Family lawyers negotiate asset division settlements that take into account the parties’ respective needs and contributions, ensuring a fair and equitable distribution of assets.
- Adoption and Guardianship
Adoption and guardianship proceedings are complex legal processes that require careful consideration of the child’s welfare and best interests and compliance with statutory requirements.
Family lawyers guide clients through the legal steps involved in adopting a child, including obtaining consent from the biological parents, undergoing background checks, and attending adoption hearings. They assist clients in preparing adoption applications and supporting documents, ensuring compliance with the Adoption of Children Act 1939 and other relevant laws.
Additionally, family lawyers advise on and assist clients with establishing guardianship arrangements for minors, including appointing testamentary guardians, and applying for guardianship orders through the court.
- Domestic Violence and Protection Orders
Domestic or family violence cases require immediate intervention to ensure the safety and protection of victims and their dependents. Family lawyers provide legal representation and support to victims of domestic abuse, helping them obtain protection orders such as Personal Protection Orders (PPOs) and Expedited Orders (EOs) under the Women’s Charter 1961. They assist clients in gathering evidence of abuse, preparing affidavits, and filing applications for protection orders with the court. Family lawyers also represent clients in court hearings to obtain or contest protection orders, advocating for their clients’ safety and well-being.
- Mediation and Alternative Dispute Resolution
Mediation and alternative dispute resolution (ADR) methods offer parties a non-adversarial approach to resolving family-related disputes. Family lawyers function as mediators or represent clients in mediation sessions, facilitating constructive dialogue and negotiation between parties.
They help clients explore mutually acceptable solutions to their conflicts, including parenting plans, financial settlements, and division of matrimonial property agreements. By promoting open communication and collaboration, family lawyers assist clients in reaching amicable resolutions that meet their needs and priorities while minimising the emotional and financial costs associated with litigation.
- Estate Planning
Estate planning involves the preparation and management of an individual’s assets and affairs to ensure their smooth transition and distribution upon death or incapacity. Family lawyers assist clients in creating comprehensive estate plans that encompass various legal instruments and strategies to protect their assets, provide for their loved ones, and minimise tax liabilities. These may include:
- Wills: Family lawyers help clients draft legally binding wills that specify their wishes regarding the distribution of their assets, appointment of executors, and guardianship of minor children. They ensure that the will complies with statutory requirements under the Wills Act 1838 and accurately reflects the testator’s intentions. Additionally, family lawyers advise clients on updating and revising their wills periodically to reflect changes in circumstances or family dynamics.
- Trusts: Family lawyers advise clients on establishing trusts as part of their estate plan to protect assets, provide for beneficiaries, and facilitate the management of assets during the testator’s lifetime and after their death. They assist clients in choosing the appropriate type of trust, such as discretionary trusts or charitable trusts, and drafting trust deeds that specify the terms and conditions governing the trust.
- Advance Medical Directives (AMDs) and Lasting Power of Attorney (LPAs): Family lawyers help clients prepare advance medical directives (AMDs) and lasting power of attorney (LPAs) to make decisions regarding medical treatment and appoint representatives to manage their affairs in the event of incapacity. They explain the legal implications of AMDs and LPAs, assist clients in completing the necessary forms, and ensure compliance with the Mental Capacity Act 2008 and other relevant legislation.
- Probate and Estate Administration: In the event of a death of a family member, family lawyers assist the executor or administrator in obtaining probate or letters of administration from the court to administer the deceased’s estate. They guide clients through the probate process, including identifying assets, settling debts and liabilities, and distributing assets to beneficiaries according to the terms of the will or the Intestate Succession Act 1967.
- Estate Disputes and Litigation: Family lawyers also represent client in challenges over the administration of the estate and the validity of wills, claims of undue influence or unconscionability of the testator. They advocate for clients’ interests in court proceedings and negotiate settlements to resolve estate disputes amicably, where possible.
Conclusion
In summary, family lawyers in Singapore handle a wide range of legal issues pertaining to family relationships, providing comprehensive legal advice, representation, preparation of legal documents and support to clients facing complex and emotionally challenging situations. By addressing these issues with professionalism, compassion, and expertise, family lawyers play a crucial role in helping individuals navigate the complexities of family law and achieve favourable outcomes that safeguard their interests and well-being.
