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Divorce
maintenance

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Divorce is a difficult decision. We understand the emotional situation you are in. At Emerald Law, our lawyers who specialise in Divorce will advise you on the divorce procedure in the Family Courts of Singapore, your legal rights and obligations and the issues related to payment of maintenance for your spouse and children.

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Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

In Singapore the fastest divorce you can go through will take a minimum of 4 months. This is known as the simplified divorce proceedings or commonly known as an Uncontested Divorce. 

If your divorce is contested, the process will take a much longer time and it depends on how contested the divorce is. There are cases in which the divorce process has taken over a year to finalise. 

Please visit our dedicated section on divorce here for more specific answers.

With our wealth of experience, we help you navigate through the divorce process in the smoothest manner and with a goal of preserving your interest as best as possible.

With a Lawyer, you will be able to get advice on whether a proposal is reasonable and whether it is worth fighting an issue till trial. This allows you to evaluate the situation and potentially save money in the long run. Also, by having a lawyer, you will not fall foul of any procedural requirements which will undoubtedly delay the entire process.

Contact us if you would like us to review your case and advise you.

There is no specific rule or guideline set in Singapore Law yet. Typically factors that affect the amount of maintenance paid to your spouse are the following:

  • What each party's income is.
  • What each party's income was in the past and potential future income.
  • The financial needs of your spouse.
  • What obligations your spouse may have.
  • The standard of living your spouse enjoyed during the course of the marriage.

If you have a pre or post nuptial agreement that shows that each party agreed that there shall be no maintenance paid for the spouse this evidence can assist you.

 

However in the case of avoiding paying maintenance for your child, unless your financial situation is so dire that you cannot possibly pay any maintenance, it is unlikely that you can avoid paying maintenance at all. The Singapore Family Court is of the view that the child's needs are paramount and as the parent to the child you are responsible for their needs.

No. If parties are able to agree on the terms of the divorce and if they agree that there shall be no maintenance paid then the payment of maintenance is not needed.

In Singapore, as long the child is below the age of 21, every parent is under the legal duty to look after their child.

If there is a change in your situation where you have lost your employment, or if you discover that you require expensive and long-term medical care, you may take out an application to vary or suspend the maintenance order.

You will need to show the Family Court of Singapore that there is a material change in your circumstances and owing to this, and you are unable to pay the stipulated maintenance amount.

Yes, but you will need to show the Family Court of Singapore that there is a material change in your circumstances and owing to this you require more maintenance than what was initially agreed upon or ordered by the Court.

For example, if after your divorce you discover that your child's educational needs require him/her to go to a school where the school fees are much higher than before, you may seek to have the maintenance amount varied upwards.

Interim Maintenance is temporary, this is typically obtained while parties are still married and not divorced. 

A Maintenance Order is a final order.

Yes, but after the Syariah Court dissolves the marriage, she can no longer rely on that. However, for child maintenance, she has to approach the Family Court for an order as the Syariah Court does not make orders on the maintenance of children.

Please visit our dedicated page on Syariah / Muslim maintenance-related matters here.

The Court will consider the factors stated in section 69(4) of the Women's Charter when deciding whether to grant child maintenance:

 

The child's financial needs;

The income, earning capacity (if any), property and other financial resources of yourself, your spouse and your child;

Your child's physical or mental disability (if any);

Both the ages of yourself and your spouse;

The duration of the marriage;

Contributions made by yourself and your spouse to the family's welfare;

The standard of living enjoyed by your child before your spouse neglected or refused to provide reasonable maintenance for him or her;

The way your child was raised, and which both yourself and your spouse expected your child to be, educated or trained; and

Any conduct of yourself and your spouse that would be inequitable for the Court to disregard.

 

*It is essential to take note that this list is not exhaustive, and the amount of money awarded is based on a case by case basis. Contact us so that we may advise you on what is a reasonable proposal.

 

**If the husband can prove that a child is not his (e.g. through the taking of a paternity test), he may be able to argue against providing maintenance for that child during the divorce.

Why Choose us

we are specialised

Each and every lawyer assigned to your case is someone who has handled many similar cases before. They each bring a specialised element to your matter ensuring that your case is handled with the utmost care.

we provide solutions

We ensure that the advise and solution provided to you resolves your matter in the most efficient manner. We are not here to simply talk, we're here to provide REAL solutions.

we are committed

We provide service with such dedication that we can even arrange to meet you outside of our normal office hours.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

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