Documents Required in Filing for a Divorce in Singapore
Filing for a divorce involves gathering and organising several documents and evidence to facilitate a smooth legal procedure, regardless of whether the divorce is amicable or contested. These documents can help support the case and substantiate the claims to protect an individual’s rights and interests. Additionally, they can significantly impact decisions on child custody, asset division, and financial responsibilities.
Here are the essential documents and evidence to prepare before filing for a divorce in Singapore:
Required Legal Documents for Divorce
The divorce process begins by completing specific documents to establish a legal framework, which is then reviewed by the Court. The primary documents include:
- Marriage Certificate: This is a fundamental document that verifies the official union between two parties. It contains key information, such as the date of marriage and the names of both spouses. In case of a lost or misplaced certificate, it is necessary to apply for a new copy from the Marriage Registry Office.
- Children’s Identification Documents (if applicable): If there are children involved in the marriage, it is necessary to provide their birth certificates and other documents to verify their identities. Furthermore, if either party has undergone a name change, a copy of the relevant Deed Poll must be submitted.
- Relevant Legal Contracts (if applicable): Any existing agreements, such as separation or prenuptial/postnuptial agreements, must also be submitted. These contracts outline the terms agreed upon by the parties regarding the distribution of assets and liabilities.
Required Financial Documents for Divorce
Financial documentation is crucial in divorce proceedings. It provides the Court with insight into both parties' financial circumstances for the division of matrimonial assets and other related matters. This includes essential documents, such as:
- Debts and Liabilities: Documentation such as credit card statements, personal loan agreements, and credit bureau reports provide insight into the financial obligations of both parties.
- Income Statements: Recent payslips, CPF statements, income tax documents, and other documentation for both parties are necessary to assess both parties' income levels.
- Bank Statements: Copies of recent bank statements help clarify both parties' financial standing, including savings, expenditures, and any existing joint accounts.
- Property and Asset Documentation: This includes deeds, titles, valuations, and loan statements for real estate, vehicles, investments (stocks, bonds, mutual funds), and other significant assets.
Child Custody and Maintenance Documents
- Parenting Agreement: This document establishes a co-parenting plan, detailing the division of duties and decision-making between parents regarding their children. It covers various aspects, such as living arrangements and financial support, to safeguard the long-term interests of the children involved.
- Breakdown of the Child's Expenses: This provides a detailed overview of the child's monthly expenses, including vital areas like education, healthcare, and daily living costs.
- Supporting Documents for Child-Related Expenses: Any additional documentation about child-related expenses, such as receipts/invoices and bank statements, should be included to reinforce the claims made in the breakdown of costs.
- Payslips or Other Income Evidence from Both Parties: Evidence of income from both parties is required to ensure a fair distribution of the child’s upbringing. The amount paid by each parent is typically determined based on a ratio of their incomes.
Evidence to Support Divorce Claims
A party may need to present evidence to establish the facts of the case and support or refute claims made by their spouse. The relevance and usability of the evidence are case-specific. Some documents that can be used to support a divorce claim are as follows:
- Audio Recordings: Audio recordings can capture pertinent conversations or incidents that can be used as evidence to support claims of unreasonable behaviour or other grounds for divorce, such as adultery, child abuse, or domestic violence. However, it is crucial to obtain these recordings legally to ensure their validity and admissibility in the proceeding.
- Email and Text Messages: Communication records, such as emails and text messages, can provide context to the nature of the relationship between both parties and may serve as evidence of issues that led to marital dissolution, such as infidelity or abuse.
- Witness Testimonies: Statements from witnesses who corroborate marital issues can help substantiate divorce claims. The Court will carefully evaluate and review these testimonies to determine their judgement.
- Photographs or Videos: Visual evidence like photographs or videos can be utilised to support assertions of misconduct or situations where the safety and well-being of the spouse or children were compromised.
While going through a divorce can be overwhelming, preparing your documents beforehand will help you navigate the complexities of the legal procedure easily. Consult a trusted divorce lawyer who can offer tailored advice and ensure all the gathered documents are relevant to your situation.
Established in 2003, Godwin Campos LLC specialises in handling diverse and complex marital and family law cases. Our team of family lawyers is equipped with in-depth knowledge of the field and has an excellent track record of delivering comprehensive legal assistance to safeguard the best interests of clients. For more information about our services or to schedule an appointment, please call 6535 1306 today.
FAQs
What happens if my marriage certificate is not in English?
If you have any documents, such as a marriage certificate, that are in foreign languages (other than English, Mandarin, Tamil, or Malay/Bahasa Indonesia), it needs to be translated to English by an accredited translator (certified by the respective embassy). The translated document should be submitted to the Court along with the original copy to ensure that they can be authenticated.
What happens if I don’t have some of the required documents?
All parties must check if the requirements for getting a divorce in Singapore are met. Failure to provide all the necessary documents may result in delays or even dismissal of the case by the Court.
Can I file for divorce if my spouse refuses to cooperate in providing the required documents?
You can still file for divorce in Singapore even if your spouse refuses to cooperate and does not provide the necessary documents. In this case, your divorce would be considered a "contested divorce." The Court would then make a judgment based on the evidence presented or issue orders for the uncooperative spouse to provide the required information.
Are documents from overseas valid in Singapore’s divorce courts?
Documents from overseas can be valid, provided they are properly authenticated, and, if necessary, translated into English. It is advisable to consult with a lawyer to ensure all foreign documents meet Singapore’s legal requirements.
When faced with a legal concern, it is key to have an experienced and supportive law firm on your side. Godwin Campos LLC is an award-winning law firm in Singapore and we offer free, non-obligatory first consultations to help you evaluate your situation better.