How can a Foreigner file for Divorce in Singapore

I. Divorce Jurisdiction in Singapore

Non-Singapore citizens may file for divorce in Singapore if either party satisfies the jurisdiction requirements. According to Section 93 of the Women’s Charter, either party must be domiciled in Singapore at the time of the commencement of the proceedings, or either party must be habitually resident in Singapore for a period of three years immediately preceding the commencement of the proceedings.

To prove one’s domicile in Singapore, the applicant must demonstrate that they are a resident of Singapore with the intention to remain here, either permanently or indefinitely. Singapore citizens are deemed to be domiciled in Singapore, but non-citizens can also be domiciled in Singapore by acquiring it as a domicile of choice. Evidence such as acquiring permanent residency, purchasing immovable property to stay in Singapore, moving assets to Singapore, and starting a career with long-term prospects in Singapore are often used to prove Singapore as a domicile.

Foreigners who have been residents in Singapore for a period of at least three years can file for divorce proceedings in Singapore, even if they are not permanent residents or have no intention to live in Singapore for the long term.

II. Resolving Financial Matters

Court adjudication and mediation are common options for resolving financial matters. The Singapore courts have the power to divide assets and order maintenance for a former spouse and/or children upon the commencement of and consequent to divorce proceedings. The courts also have the power under the Maintenance Summons regime to order ongoing maintenance in a subsisting marriage if a husband fails to provide adequate maintenance for a wife or a parent fails to provide adequate maintenance for their child.

Apart from court adjudication, mediation is a popular option for parties seeking a non-contentious method of dispute resolution. Mediation can take the form of private mediation as well as court-assisted mediation in the Singapore Family Justice Courts.

III. Forum Disputes

For international marriages, two potential forum issues may arise: (1) in a situation where there are parallel proceedings in a foreign jurisdiction, the Singapore court will have to decide whether to stay the matrimonial proceedings in Singapore; and (2) where there is already a divorce granted in a foreign jurisdiction, the Singapore court has to decide whether to recognize it.

The Singapore court may stay the matrimonial proceedings in Singapore on the principle of forum non conveniens. If there are proceedings in another jurisdiction, the Singapore court will examine all the relevant facts and circumstances to decide which is the more appropriate forum for the matrimonial proceedings. If it is decided in favor of the foreign jurisdiction, the Singapore court will stay the local proceedings and direct parties to litigate in the foreign jurisdiction.

The Singapore court will generally recognize a divorce that has already been granted by a foreign court of competent jurisdiction under certain circumstances, such as when either party is domiciled in the jurisdiction of the foreign decree, the foreign decree was granted on the same bases as the Singapore court would grant a divorce, or there exists sufficient connection between the court granting the decree and either party to the marriage.

IV. Divisions of Assets

Consequent to a divorce, the court has the power to order the division of matrimonial assets in a just and equitable manner. The court will first identify the pool of matrimonial assets, which includes the matrimonial home, assets acquired during the marriage, and assets acquired before the marriage if they were ordinarily used or enjoyed by both parties during the marriage or were substantially improved by the other non-acquiring party or both parties during the marriage.

The court will then consider all the circumstances of the case and strive to arrive at a just and equitable division of assets, taking into account factors such as the extent of contributions made by each party toward acquiring, improving, or maintaining matrimonial assets, any debt or obligation incurred by either party for their joint benefit or for the benefit of any child of the marriage, the needs of the children, any agreement between the parties with respect to the ownership and division of the matrimonial assets made in contemplation of divorce, any period of rent-free occupation or other benefit enjoyed by one party in the matrimonial home to the exclusion of the other party, or support by one party to the other party.

For dual-income marriages, the courts in Singapore apply the “structured approach” under ANJ v ANK, which entails ascribing a ratio to the parties’ direct financial contributions, ascribing a ratio to the parties’ indirect contributions, deriving each party’s average percentage contributions, and making further adjustments to the parties’ average percentage contributions, if necessary. For long-single income marriages, the courts will tend towards equal division.

V. Maintenance

The court has the power to make an order for maintenance of a former spouse during the course of the matrimonial proceedings and subsequent to the grant of divorce. Under Singapore law, spousal maintenance orders are generally for the benefit of former wives, and the obligation of maintenance is based on financial preservation. The starting point is to preserve the former wife at a standard of living that she enjoyed during the marriage. However, the need for the former wife to eventually regain self-sufficiency is also considered. The court will consider factors such as the financial needs of the former spouse, the income, earning capacity, property, and other financial resources of the parties, the standard of living enjoyed by the family during the marriage, the age of the parties, the duration of the marriage, and the contributions made by the parties towards the welfare of the family.

In addition to spousal maintenance, child maintenance is also commonly ordered by the court. The court will consider the financial needs of the child, the income, earning capacity, property, and other financial resources of the parties, and the standard of living enjoyed by the family before the breakdown of the marriage.

VI. Conclusion

In conclusion, non-Singapore citizens can file for divorce in Singapore if either party satisfies the jurisdiction requirements. The court has the power to divide assets and order maintenance for a former spouse and/or children upon the commencement of and consequent to divorce proceedings. Mediation is also a popular option for parties seeking a non-contentious method of dispute resolution. For international marriages, forum issues may arise, and the Singapore court will have to decide whether to stay the matrimonial proceedings in Singapore or recognize a divorce that has already been granted by a foreign court of competent jurisdiction. The court will consider all the relevant circumstances and strive to arrive at a just and equitable division of assets and maintenance orders.