Differences Between Family and Divorce Lawyers in Singapore

Many people think that divorce lawyers are the same as family lawyers, but in reality, they perform different roles but within the same area of law. In order to better understand what each type of lawyer does, we should first understand the scope of family law.

Family law covers all legal matters pertaining to family relationships. This includes marriage, divorce, child custody, spousal and child maintenance, adoption, family violence and the division of matrimonial property.

Therefore, lawyers practising in family law should be knowledgeable in a range of services that go far beyond divorce proceedings.

What a Family Lawyer Does

A family lawyer is a legal professional who handles all aspects of family-related legal issues. Their responsibilities may include:

• Advising on and drafting prenuptial and postnuptial agreements
• Handling divorce, annulment or judicial separation proceedings
• Child custody and access disputes
• Maintenance (spousal and child) issues
• Guardianship and parental rights
• Family violence protection orders
• Adoption proceedings
• Mediation and dispute resolution within the family context
• Division of matrimonial assets

Essentially, family lawyers are trained to deal with a whole spectrum of family law cases.

What a Divorce Lawyer Does

A divorce lawyer, on the other hand, is a subsection of family lawyer who focuses primarily or exclusively on divorce proceedings. Divorce lawyers assist clients in navigating the dissolution of marriage under the legal framework provided by the Women’s Charter 1961.

Their core responsibilities include:

• Filing for divorce 
• Handling contested and uncontested divorce proceedings
• Division of matrimonial assets
• Negotiating or litigating spousal and child maintenance
• Establishing child custody and care arrangements
• Enforcing Court Orders related to divorce

While all divorce lawyers are family lawyers by training, not all family lawyers choose to specialise in divorce. A lawyer may offer general family law services or choose to focus only on divorce matters.

Key Differences Between Family and Divorce Lawyers

Though they overlap in many ways, family lawyers and divorce lawyers differ in the scope, focus and types of cases they handle.

Scope of Practice

• Family Lawyer: Broad practice area covering all family-related legal issues.
• Divorce Lawyer: Narrower practice area focused only on the termination of marriage and related issues.

Types of Clients

• Family Lawyer: Serves a diverse range of clients. For example, couples planning marriage, parents dealing with custody issues, individuals seeking adoption etc.
• Divorce Lawyer: Primarily serves clients whose marriages are breaking down or have broken down.

Legal Proceedings Involved

• Family Lawyer: May be involved in civil proceedings (e.g. adoption), Tribunal applications (e.g. maintenance) and Family Court litigation (e.g. protection orders).
• Divorce Lawyer: Involved primarily in proceedings under the Family Justice Courts to dissolve marriages and resolve associated disputes.

Breadth of Knowledge

• Family Lawyer: Requires broad knowledge across many legal statutes and psychological or welfare concerns in family dynamics.
• Divorce Lawyer: Requires expertise in matrimonial law, asset division and divorce procedure.

Choosing Between a Family Lawyer and a Divorce Lawyer

Choosing the right type of lawyer depends on the complexity and nature of your case.

When to Engage a Family Lawyer

You may need a family lawyer if:

• You are considering marriage and want to draft a prenuptial agreement
• You need help with adoption proceedings
• You are involved in a custody dispute unrelated to a divorce
• You require a personal protection order due to family violence
• You are seeking legal guardianship for a vulnerable family member
• You wish to apply for deputyship under the Mental Capacity Act

When to Engage a Divorce Lawyer

You should consider engaging a divorce lawyer if:

• You are contemplating filing for divorce
• You have received divorce papers and need representation
• You are involved in a contested divorce with disputes over assets or custody
• You are negotiating child maintenance or spousal support
• You need help enforcing a divorce-related Court Order

Many law firms provide both family and divorce law services. However, some lawyers are more experienced in handling certain types of cases. For example, some lawyers may specialise in complex asset division or international custody disputes.

The Role of the Family Justice Courts

Both family and divorce lawyers work closely with the Family Justice Courts, which handle:

• Divorce 
• Custody, care and control of children
• Maintenance issues
• Family violence and protection orders
• Adoption and guardianship
• Probate and mental capacity applications
• Deputyship
• International child abduction

Understanding how the Family Justice Courts work and their procedures is essential for both types of lawyers. The Family Justice Courts also strongly encourage alternative dispute resolution like mediation, and lawyers often play a key role in facilitating these out-of-court settlements.

Alternative Dispute Resolution

Both family and divorce lawyers are expected to support non-litigious solutions to family conflicts. Mediation and collaborative divorce have become more popular in Singapore due to their cost-effectiveness and reduced emotional strain.

Resolving matters amicably can help you preserve co-parenting relationships and save money and time.

Legal Fees and Billing Structures

Family and divorce lawyers in Singapore may charge differently depending on the:

• Type of case (e.g. contested vs uncontested divorce)
• Complexity (e.g. high-net-worth divorce vs routine child maintenance applications)
• Law firm reputation
• Experience of the lawyer

Typical billing structures include:

• Fixed fees: Often used for uncontested divorces or standard deputyship applications.
• Hourly billing: Used in more complex or prolonged matters.

It’s advisable to clarify the billing structure early on and ensure that the lawyer has transparent pricing policies.

Who Should You Engage?

While divorce lawyers are family lawyers who specialise in divorce, the legal representative you choose depends on your specific legal concern. For broad or non-divorce family matters, choose a family lawyer. For anything directly related to the dissolution of marriage, a divorce lawyer with relevant litigation or mediation experience would be ideal.

Understanding the differences between family lawyers and divorce lawyers can empower individuals to make informed choices about which legal representation is appropriate for their needs. The right lawyer can guide you through complex legal procedures and also provide compassionate support during emotionally charged times. 

As a seasoned family lawyer in Singapore, I offer comprehensive legal and emotional support to guide you through this challenging period. Please contact me at 8039 9083 to schedule a consultation. Together, we can navigate the family law process and help you move forward with confidence.