Lie Chin Chin

How Often Can You See Your Child After a Divorce in Singapore

What Happens If a Personal Protection Order is Breached?

Difficulties in Access to Children after Divorce – Supervised Access to Children

SUMMARY:
During a divorce, the Court may order that one party has care and control of the child, while the other party has supervised access to the child. This article informs you what to expect when a Court grants an order for supervised access, and will provide a guide on how to carry out such an order.
During a divorce, the Court may order that one party is to have sole care and control of the child, which means that the child will live with that party. However, to ensure that the child still has the benefit of guidance from both parents, the Court usually grants access to the parent who does not have care and control of the child.
In cases where the family is a high-conflict family, the access arrangements may have to be supervised. This is usually only ordered in special cases such as where the parent and children need to get used to each other or in any cases of divorce in Singapore where there has been a history of abuse. The Ministry of Social and Family Development states that supervised access arrangements provide “a safe platform for children who express strong reluctance and discomfort about meeting their access parent. Counsellors help by mitigating distrust and working on the complex family dynamics”

The Court does not order supervised access with a mind to prevent independent access by the non-care and control parent. The supervised access arrangements are aimed at building trust and a healthy relationship between the child and the non-care and control parent. These supervised access sessions aim to help parents’ co-parent in an effective and sustainable manner. They also provide the child with a safe and conducive environment to build a healthy and sustainable relationship with the non-care and control parent. 

To this end, the non-care and control parent can apply to the Court for variation of the Court order for supervised access when he/she is able to show that his/her relationship with the child has made sufficient progress and that it would now be feasible for him/her to have unsupervised access. 
 

Should you need any further advice regarding the Singapore divorce process? We are here to help. Contact Lie Chin Chin now!

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Understanding Prenuptial Agreement & Singapore Divorce Process

Understanding Prenuptial Agreement & Singapore Divorce Process

How Can I Protect Myself and My Assets in Anticipation of Marriage? – Prenuptial Agreements

SUMMARY:
A prenuptial agreement can provide you with peace of mind and assurance that you and your assets will be protected as you enter into a marriage. This article talks about what makes a good and effective pre-nuptial agreement and the effects of a prenuptial agreement.
Pre-nuptial agreements are contracts between two parties that are made in anticipation of marriage. These agreements allow you to protect yourself and your assets in the unfortunate events of separation or divorce in singapore, and can provide you with a greater peace of mind as you enter into your marriage. It can also provide you with an added sense of security knowing that you and your potential spouse have a mutual understanding and shared expectations with regard to your assets.
 
“Contrary to popular belief, pre-nuptial agreements are not by nature illegal or of no legal effect”
– Lie Chin Chin “Instant Legal Protection for Your Family”, page 140
Drafting an effective pre-nuptial agreement
An effective pre-nuptial agreement is one that is drafted carefully and that complies with local matrimonial laws. Many a time, we observe that pre-nuptial agreements are not upheld. This is usually because the agreements contravene the Women’s Charter or because they contain basic drafting mistakes. Below are a few useful pointers to note when you wish to have a prenuptial agreement drawn up.
1. Pre-nuptial agreements must comply with local matrimonial laws
Specifically, in Singapore, your pre-nuptial agreement must comply strictly with the Women’s Charter. If any part of your pre-nuptial agreement does not comply with the Women’s Charter, the Court will not uphold your pre-nuptial agreement after a divorce.
2. Pre-nuptial agreements must be agreed to by both parties to the marriage
Like any contract, the prenuptial agreement and all of its terms must be agreed to by both parties who are involved in the agreement. Both parties should agree to the pre-nuptial agreement of their own free will and accord. It would be advisable to sign the agreement in the presence of a witness.
3. Pre-nuptial agreements must be supported by consideration
Consideration is basically something of value that is given in exchange for a promise or the performance of some action.

For example, party A and party B sign a pre-nuptial agreement where A and B both agree to keep their own finances and assets separate throughout their marriage and, in the event of divorce, each will only retain whatever assets or finances he/she personally contributed. 

 

In this case, A receives the benefit of B not making a claim for A’s assets and finances in the event they proceed to get a divorce. In return for this benefit, A has provided consideration by promising that he will forego any potential claim that he may have over B’s assets and finances in the event of a divorce. Likewise, B provides consideration in return for the benefit of A promising not to claim her assets by promising not to make any potential claim for A’s assets.

The pre-nuptial agreement is a contract that is legally binding between the parties to the agreement. It makes sense that the parties should be held to what they have agreed to in the pre-nuptial since they voluntarily entered into the agreement as mature adults who understand the implications and effects of the agreement. However, the Court can intervene if the pre-nuptial agreement contravenes the Women’s Charter. 

For instance, during a divorce, the Court is empowered to divide the parties’ matrimonial assets in a just and equitable manner. If the Court considers the situation in its entirety and finds that the way that the matrimonial assets are divided in the pre-nuptial agreement is manifestly unfair, it can choose not to follow the pre-nuptial agreement.

You and your spouse are generally free to decide on the proportion in which to divide the house. If the house is a HDB property, then whether you can keep the house in a divorce would be subject to the prevailing HDB ownership eligibility conditions.

 

If you and your spouse are unable to decide on how to divide the house/your other matrimonial assets and the intervention of the Courts is required, the Courts will generally look at the financial contributions and non-financial contributions made to the household in deciding an equitable division of the property . In deciding who should keep the matrimonial home, the Courts may also favour the party who is given sole care and control of the minor children, in deference to the needs of the minor children for a roof over their heads.

If you would like to have a pre-nuptial agreement drawn up, it is advisable to engage an experienced family or divorce lawyer in Singapore to help you to draft an effective pre-nuptial agreement that will comply with the provisions of the Women’s Charter. Further, such a lawyer can clarify, explain and ensure that you and your potential spouse are aware of and understand the implications that the pre-nuptial agreement has, and can also act as a witness to the agreement. Having a lawyer involved in the drawing up of the pre-nuptial agreement is also likely to be a factor that could convince the Court to uphold the pre-nuptial agreement.
Need to consult a good divorce lawyer in Singapore? Reach out to us at Lie Chin Chin!

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If you are facing a situation whereby you are in need of urgent legal advice, please do contact our Client Care Team to connect with one of our team’s representative.
Contact our Client Care Team at  +65 9852 5181