Navigating family law matters often becomes more complex when one spouse is a foreign national. In Singapore, these cases often involve intricate legal considerations, from pre-nuptial agreements to child custody and asset division.
Below, I explore some common issues that often arise between Singaporean spouses and their foreign national partners.
Pre-Nuptial Agreements
For high-net-worth individuals living in Singapore, pre-nuptial agreements are often a consideration. These agreements help outline the financial terms in the event of a divorce.
Recently, our team handled a case involving a soon-to-be bride from China who sought to be adequately compensated if her marriage ended. It took six months of intense negotiations, with both parties represented by lawyers, before the agreement was signed.
This highlights the importance of careful legal guidance when drafting and negotiating PNAs.
Divorce Jurisdictions: Singapore or abroad?
When it comes to divorce, deciding where to file can be a significant issue. Singapore is often the preferred jurisdiction due to the majority of assets and connecting factors being based here. In addition, Singapore offers a well-established legal system that ensures transparency and fairness, and the courts here are equipped to handle international family law issues. The legal process is generally efficient, with clear timelines, which can provide a quicker resolution compared to other jurisdictions.
Some foreign clients may choose to file in their home country if they find the process simpler or do not meet jurisdiction to file for divorce in Singapore. Singapore courts have a robust framework for dealing with complex financial matters, child custody arrangements, and cross-border disputes, making it a more comprehensive option for those with significant connections to the country.
In cases where a divorce is filed abroad, court orders must often be mirrored in Singapore. This is especially important when immovable property is located in Singapore, as foreign courts typically defer property issues to Singaporean courts for resolution.
Child Custody and Relocation
Child custody disputes between Singaporean and foreign national spouses often involve the complexities of relocation and the Hague Convention.
Some countries are not signatories to the Hague Convention on International Child Abduction, which can complicate international custody disputes.
These countries include:
Afghanistan, Algeria, Bangladesh, Belarus, Cambodia, China (excluding Hong Kong and Macau), Egypt, Ethiopia, India, Indonesia, Iraq, Jordan, Lebanon, Libya, Malaysia, Morocco, Nepal, Pakistan, Russia, Saudi Arabia, Somalia, Sri Lanka, Syria, and Ukraine.
It’s important to be aware of these non-signatories, as custody matters involving these nations may not be handled in accordance with the Hague Convention’s principles.
This creates a challenging situation if a foreign spouse decides to leave Singapore and return to their home country with the child.
To prevent this, there are a few critical steps:
- Retaining possession of the child’s passport.
- Filing a legal application to prevent the PRC spouse from leaving the country with the child. If a stop order is granted, Singapore’s Immigration and Checkpoints Authority (ICA) will prevent the child from leaving the jurisdiction.
Read more: Relocation and Child Custody Disputes
Division of Assets and Enforcement of Orders
There is often a misconception among foreign national spouses, that they are automatically entitled to 50% of all assets upon divorce. However, Singapore courts consider many factors before deciding on asset division.
If a foreign court issues an order, it can be mirrored in Singapore through a post-divorce application. The reverse situation, where Singapore courts rule on assets located overseas, can present challenges. In such cases, it may be better to offset the division by granting the spouse assets located in Singapore rather than pursuing property claims in China.
Read more: Division Of Matrimonial Assets In Singapore For Foreign Divorces
Child Maintenance Obligations
In Singapore, both parents are legally obligated to contribute to their child’s maintenance until the child turns 21 or completes their university education. The contribution is typically based on the income ratio between the parents, ensuring the child’s needs are met regardless of the parents’ marital status.
Spousal Maintenance
Spousal maintenance depends on the nature of the marriage. If it was a short-term marriage or if the spouse seeking maintenance is a homemaker, the court will consider these factors. In longer marriages, the working spouse may be required to provide maintenance, but the specifics vary on a case-by-case basis.
Read more: Determining Spousal Maintenance
Visa Matters for Foreign National Spouses
When married to a Singaporean, foreign spouses are generally granted a Long-Term Visit Pass (LTVP). However, obtaining permanent residency (SPR) can take around 1.5 years. It’s essential to be aware of these timelines when planning for long-term stay arrangements in Singapore.
Read more: Divorce and Permanent Residency in Singapore: A Foreigner’s Guide
In summary, family law matters involving Singaporean spouses and foreign nationals require careful legal consideration and expertise. Whether it’s drafting a pre-nuptial agreement, dealing with child custody issues, or navigating asset division, GJC Law can assist.
