Divorce can be an overwhelming process. Your first consultation with a lawyer can also be daunting. You are about to divulge very personal matters to a stranger and entrust them to help you during a very emotional period of your life. You would also need to quickly form an opinion of the lawyer by the end of the consultation as to whether they are a good fit for you and if they are someone you will be able to rely on to take on your case. What should you ask them, how much information should you share with them and what can you do to make the most out of the first consultation?
Here are some questions you should ask your lawyer at the first consultation (bring a note-taking device to take notes!):
Do I have valid grounds for obtaining a divorce in Singapore?
Under section 95 of the Women’s Charter 1961, a divorce may be granted only if a marriage has irretrievably broken down due to one of the following 6 grounds:
- Adultery
- Unreasonable behaviour
- Desertion for a period of 2 or more years
- Separation for 3 years (with spouse’s consent)
- Separation for 4 years
- Mutual agreement
Ask your lawyer:
- Which ground best applies to my situation?
- What evidence do I need to support my claim?
- Are there any strategic considerations in choosing one ground over another?
Lay the foundation for your claim by establishing your legal position.
What is the divorce process like? What should I expect?
The divorce process typically involves two stages:
- Dissolution of marriage – proving the marriage has irretrievably broken down; and
- Ancillary matters – where the parties resolve issues in addition to the dissolution of the marriage such as the division of matrimonial assets, spousal and child maintenance and child custody and care arrangements.
Ask your lawyer:
- What are the steps involved in each stage of the process?
- How long does the whole process usually take?
- What documents will I need to prepare?
Prepare yourself mentally and emotionally by being aware of what the divorce process entails and how best to navigate it.
What are my rights and responsibilities regarding children?
If you have children, their best interests is the Court’s paramount concern. The Court will focus on the children’s welfare when making decisions about custody, care and control and access.
Ask your lawyer:
- What are the different types of custody arrangements (e.g. sole, joint, hybrid, split)?
- How do the Courts determine care and control?
- What factors influence custody decisions?
- What are my rights to access if I am not the primary caregiver?
- How is child maintenance calculated?
How will matrimonial assets be divided?
In Singapore, matrimonial assets are divided in a “just and equitable” manner. The Court will consider various factors such as:
- Direct contributions towards the acquisition, improvement and/or maintenance of assets (financial such as money, property etc.) by both parties
- Indirect contributions (non-financial such as homemaking, childcare etc.)
- Length of the marriage
- Needs of the children (including custody arrangements and financial support)
- Agreements between the parties made before or during the marriage (if any)
Ask your lawyer:
- What assets are deemed to be matrimonial property?
- How will the Court assess each party’s contributions?
- Can I protect or retain certain assets?
- How will CPF funds or jointly owned property be divided?
- What happens if we made an agreement before or during the marriage about the division of assets in the event of a separation?
What is the law on spousal maintenance?
Spousal maintenance in Singapore is governed by the Women’s Charter 1961 and gives the Court jurisdiction to order that financial support be paid by one spouse to the other.
Ask your lawyer:
- Am I entitled to maintenance or will I have to pay maintenance?
- How is the maintenance amount determined?
- Can the amount be varied in future?
- How long will maintenance be payable?
- What if my former spouse refuses to pay?
Should I consider mediation?
Mediation is mandatory for spouses with at least one child under the age of 21 years. For all other cases, the Court still encourages parties to resolve disputes amicably through mediation if possible.
Ask your lawyer:
- Is my case suitable for mediation?
- What are the benefits or drawbacks of going down the dispute resolution route?
- Can you represent me during mediation?
Mediation can reduce the legal costs and time engaged in legal proceedings and also lead to more agreeable outcomes for both parties.
What documents and information should I prepare for the case?
Ask your lawyer:
- What documents and information do you need?
- What financial records are needed (bank statements, payslips, property titles)?
- Do I need to document any communications or incidents (e.g. domestic abuse)?
The Most Important Question: What will the divorce cost me?
Legal fees can vary significantly depending on the complexity of the case, whether it’s contested or uncontested and the number of ancillary matters involved.
Ask your lawyer:
- What are your estimated legal fees?
- What are the cost differences between contested and uncontested divorces?
- What third party costs may there be (e.g. Court filing fees, private investigators, expert reports)?
- Do you charge fixed-fee prices or per hourly rates?
Having a clear understanding of the costs allows you to budget effectively and avoid financial surprises.
How long will the divorce process take?
While uncontested divorces in Singapore may take a few months, contested divorces can drag on for more than a year.
Ask your lawyer:
- What is a realistic timeline for my case?
- What factors can cause delays?
- Is there anything I can do to expedite the process?
What if my spouse and I already agree on everything?
An uncontested divorce is usually quicker, cheaper and less emotionally taxing.
Ask your lawyer:
- Can you help us draft a settlement agreement? If so, how much would it cost?
- Will the Court still need to approve our agreement?
- What if we change our minds later?
- Can we revise the terms after the divorce is final?
Can I move out or travel with my children whilst in the midst of a divorce?
Custody arrangements may not be formalised during the divorce process, but making certain decisions without your spouse’s consent may have legal consequences.
Ask your lawyer:
- Can I relocate with the children temporarily or permanently?
- Do any travel restrictions apply whilst divorce proceedings are ongoing?
- Will moving out of the matrimonial home affect my chances of obtaining care and control of the children?
It is important to obtain legal advice as to your rights in these scenarios to prevent unintended legal complications.
What happens if my spouse does not consent to a divorce?
In Singapore, only one party needs to prove that the marriage has irretrievably broken down, but there may be pushback or delay from the other spouse.
Ask your lawyer:
- What are my options if my spouse refuses to cooperate?
- Will a contested divorce take longer or cost more?
- How can I protect myself from false claims or stalling tactics?
Are there any risks or consequences I should be aware of?
Ask your lawyer:
- What is the worst-case scenario in my situation?
- Are there any legal or financial pitfalls I should prepare for?
- How can I protect myself during this process?
What is the likely outcome of my case?
No lawyer will be able to guarantee an outcome, but an experienced family lawyer can predict the outcome of your case based on previous cases.
Ask your lawyer:
- Based on your experience, what do you think the outcome would be for my case?
- What are the key strengths or weaknesses of my case?
A frank discussion about potential outcomes can help you decide how to proceed.
As an experienced divorce lawyer in Singapore, I can provide you with the necessary legal and emotional support to help you through this challenging time. If you’re considering filing for divorce, contact me today at 8039 9083 for a consultation. Together, we can navigate the divorce process and help you move forward with your life.
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