What should I consider before filing for a divorce?

You would have to consider the following ancillary matters arising from a divorce.

i. Custody, care & control, and access of children

If there are any minor children (those below 21 years old) to your marriage, a decision will have to be made regarding the custody, and care and control of your children.

Custody refers to the authority to make decisions for the child on significant matters such as religion and education. In Singapore, joint custody is usually awarded to both parents except in very exceptional cases. Care and control refers to decision-making on more day-to-day matters with short term consequences. This usually also affects who the child will live with. Usually, one parent will be awarded care and control and the other will be granted access.

In dealing with matters relating to custody, care and control, and access, the welfare of the child is the paramount consideration. For more information on this matter, please refer to Question 3.

ii. Division of matrimonial home and assets

The court can order the division of the matrimonial home and assets. The court does this by defining the pool of matrimonial assets and thereafter dividing the assets in a just and equitable manner. The division will depend on the contributions made by each party towards the matrimonial assets. Such contributions will be given due recognition by the court regardless of whether a spouse had contributed in the economic or homemaking role, as the court recognises that both roles must be performed for the marriage to flourish.

To facilitate discussions with your lawyer, it is advisable to draw up a list of assets in parties' joint and sole names, as well as gather evidence of parties' respective contributions (e.g. CPF housing statements, home renovation receipts). For more information on this matter, please refer to Question 4.

iii. Ex-spouse and children maintenance

The court can also make an order for maintenance to be paid to a former wife or incapacitated husband. The basis for ordering the maintenance of an ex-wife or incapacitated husband is to even out any financial inequalities between the spouses, taking into account any economic prejudices suffered by the ex-wife or incapacitated husband.

Factors which may be considered by the court include the income and financial obligations of parties, the standard of living enjoyed by the family before the breakdown of the marriage, contributions made by the parties to the welfare of the family, among others.

The court can also make an order for maintenance to be paid to minor children of the marriage, or children with disabilities, serving national service, or studying. Maintenance can be paid as a lump sum or monthly. For more information on this matter, please refer to the article “Do I have to pay maintenance to my ex-spouse after the divorce?”