Introduction.
With 65.63 millions passengers movement in 2018 according to the Changi Airport, Singapore is very much connected to the world. Consequently for locals, we have plenty of choices of where to get married. This is as result of our travels and getting to meet more foreigners. On the other hand for foreigners, there are more of them moving to Singapore to set up family. However in both situations , marital breakdown sometimes unfortunately occurs. In the same vein, the choice of where to get a divorce is not limited to Singapore.
You can apply for financial relief in Singapore after your divorce out of Singapore. Firstly, financial relief means help in the form of maintenance for your child or yourself. Secondly, it means getting a division of your matrimonial assets. This means that you are able to restart a new life with less hardship. Our courts have been granting such financial relief since 2011.
Foreign divorce
If your marriage is dissolved, annulled or is legally separated by proceedings in a foreign country, you can have it being recognised by our Family Justice Courts.
This is provided that such divorce, annulment or judicial separation is entitled to be recognised as valid in Singapore under Singapore law.
Who can apply?
Either spouse can apply as long as he or she has been living voluntarily in Singapore for the past 6 months intending to make this place a permanent home. This is domicile in another word.
Alternatively, you can apply if you have been living in Singapore regularly for the past 6 months. That is to say having habitual residence.
If you have a Singapore NRIC card, then this raises a presumption that allows the test to be satisfied.
Process
It is a 2 steps process. The first step is to apply for leave (permission) to make such application. The Family Justice Courts will consider your grounds including if Singapore is the appropriate forum.
The second step is to make the application. The Family Justice Courts in granting the relief will consider certain factors. These factors are similar to our local laws pertaining to maintenance and assets’ division.
What if the foreign court has already made order on any payment or transfer any matrimonial asset to the applicant or a child of the marriage?
It does not matter. Our court can still order financial relief.
Conclusion
You can have a peace of mind knowing that you can obtain financial relief in Singapore. This is regardless that you did not divorce in Singapore.
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