What Is The Procedure For The Dissolution Of Marriage?
When planning to file a divorce, you need to know that there are two divorce proceedings stages:
- Dissolution of marriage
- Ancillary matters
Maintenance of spouse and children
- Custody of the children
- Care and control of the children
These are the two stages that the complainant must know. In Singapore divorce, you need to determine who is the Plaintiff and the Defendant.
- Plaintiff. Seeking to file a divorce.
- Defendant. The spouse filed for divorce.
Conditions for filing a divorce
Before Plaintiff commences divorce proceedings, some conditions should be fulfilled.
- Either Plaintiff or Defendant should be domiciled in SG at the beginning of the proceeds or either one that has resided in SG for at least 3 years before the commencement of divorce proceedings.
- Plaintiff and Defendant should be married for at least 3 years.
The marriage has “irretrievably broken down “Need more information about a divorce lawyer in Singapore? Click here.
What is the irretrievably breakdown of marriage?
The marriage has broken down irretrievably when the following happens within the marriage:
- Adultery. A considerable amount of proof was adduced to prove that Defendant committed adultery.
- Unreasonable behavior. The Plaintiff can file a divorce based on the marriage that has broken down irretrievably due to the unreasonable behavior of the spouse. Each marriage is unique with various circumstances, but must not be tolerated if unreasonable behavior is enacted, such as violence. Thus, unreasonable behavior is a ground for divorce.
- Desertion or abandonment. If Defendant deserted or abandoned Plaintiff for two years without any sign of returning, the marriage can be terminated.
- Separation. When both parties have lived apart for three years while married and both consented to a divorce, a dissolution of marriage is possible. When there’s no consent, parties should be 4 years separated.
Deed of separation
When the parties haven’t met the conditions for filing a divorce, a deed of separation can be applied. A deed of separation effectively allows the parties to live separately from the spouse. It is only preliminary for divorce proceedings and not conclusive. The parties may attempt to reconcile;e and recover their marriage in the Interim.
The deed of separation establishes an agreement on:
- Continuation of 3 years of separation
- Filing for a Write for Divorce
- Spousal maintenance and support
- Consent of both parties to grant of decree of divorce
- Matrimonial property and some property arrangements
Take note: The deed of separation doesn’t terminate the marriage, but only serves as an instrument to fix matrimonial finances and properties prior to proceeding with a divorce.