• Clock9:30 - 17:30
    Our Opening Hours: Mon - Fri
    Outside office hours, by appointment only
  • Clock6535 1800
    Call Us At Your Convenience
    24/7 Committed

Singapore Divorce Lawyer - Lam & Co Blog

For most people, divorce is a rare and scary thing. You simply do not have any previous experience with it and there are many horror stories you have heard from your friends. Lam & Co.'s expert divorce lawyers are focused on sharing information with you to assist you as much as possible in making painless and correct decisions.
Philip Lam - Singapore Divorce Lawyer

Tips to Find a Recommended Divorce Lawyer in Singapore

Very often, when we are looking for a professional such as a lawyer, we will rely on recommendations from our friends.

These are some tips on how to find a recommended divorce lawyer in Singapore.

Ask your friend why exactly he or she is recommending that lawyer

It is important to ask your friend for his or her reasons for recommending the recommended divorce lawyer to you.

Sometimes, our friends will recommend someone by saying that the lawyer is good or even excellent.However, this is too general for you to understand or appreciate in what way the lawyer is good or excellent.

Ensure that the reason he or she is recommending that lawyer is relevant to your case

Clearly, it is important, for someone who is a recommended divorce lawyer is recommended for something that is relevant to your case.

Even within divorce itself, there can be sub-specializations that may not be relevant to your case.For example, someone who is very empathetic, caring and helpful may specialize as a mediator when what you need is a recommended divorce lawyer who handles a lot of contested divorce cases.

Ask your friend whether or not he or she would go back to her recommended divorce lawyer or not

This is another important question to ask and follow up on.

If the answer is no, then, why not?Get a description of how the recommended divorce lawyer handled your friends' case.

Ask your friend whether or not he or she had any concerns at all about the recommended divorce lawyer

Sometimes, matters that do not matter so much to your friend may matter a lot to you.

For example, your friend's language skills may be better than yours and you may not feel as comfortable as your friend with the level of communication with the recommended divorce lawyer.

Check with your friend whether or not you can mention his or her name to the recommended divorce lawyer

First of all, you should not do so unless your friend is agreeable (and if your friend is not agreeable, you should ask why not).

Doing so after getting your friend's permission may help the recommended divorce lawyer understand your case and its background better (if it were similar to your friend's case).

Finding a divorce lawyer in Singapore for divorce

To find a divorce lawyer in Singapore for divorce, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.


Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.. 

Rate this blog entry:
17 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

Why you should engage the Best Legal Aid Divorce Lawyer

Even if you need legal aid or require government assistance, you should still engage the best legal aid divorce lawyer for your case.This is what you need to do in order to try to try and get the best outcome for yourself and your family.

You should look out for the following when choosing the best legal aid divorce lawyer to represent you:

Makes time for your case

The best legal aid divorce lawyer will make time for your case.He or she will not be rushing through your case or cutting you off.

Truly listen to you

This leads to the next point: The best legal aid divorce lawyer will truly listen to you.

He or she will listen intently as you go through your concerns and issues.He or she will focus on the points that are most important to you just as if you were the firm's most important (and highest paying) client.

Will not recommend a shortcut (unless there is a good reason)

The best legal aid divorce lawyer will not recommend a shortcut (or less work) unless there is a good reason for this.In other words, he or she will not cut corners or adopt other wrong or improper ways to handle you case because you are legally aided.

Will not recommend unnecessary work

On the other hand, the best legal aid divorce lawyer will also not recommend unnecessary work in order to make your spouse incur a lot of legal costs (since you are legally aided).This is improper and is not allowed by the courts.

It is true that your divorce lawyer should act in your best interests but he or she must do this in an ethical way.

Does not unnecessarily delay your case

Your case deserves as much attention as that of a top paying client and the best legal aid divorce lawyer will not unnecessarily delay your case.He or she will pay proper attention to your case and move it forward as appropriate.He or she will not keep putting it at the bottom of the pile of files that he or she is working on.

Finding a divorce lawyer in Singapore for divorce

To find a divorce lawyer in Singapore for divorce, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.


Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.. 

Rate this blog entry:
88 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

How to find the best divorce law firm in Singapore

You need to work with the best divorce law firm for you so that you can get the best outcome for you and your family.

Some of the things you should look out for when choosing the law firm to hire are as follows:

Readiness to put your interests first

Of course, the divorce law firm you choose should put your interests first.

Readiness to help settle the case

One way to check for this is to see whether the divorce law firm is ready to help you settle the case.Often, if the case is settled (especially if it was settled early), you will end up paying the divorce law firm less (than if the case is not settled).

If the divorce law firm is reluctant or refuses to help you settle the case, ask why this is so and carefully consider their reasons.

If the divorce law firm tries to persuade you not to settle or not to negotiate or not to try negotiations a second time, again, you should ask them why they are doing that and carefully consider their reasons.


Gives you ample time to respond & prepare

The best divorce law firm will give you ample time to respond to their queries for instructions and also to prepare for the case.In other words, they will not sit on your case and then chase you for a response when the court's deadline comes up.Instead, they should let you know early about the court's deadlines and work with you to meet them.

Tells you the pros and the cons

The best divorce law firm will let you know the pros and the cons of the main options available to you.

Often, the law and the situation is such that there is no "best" option.Each option has its own advantages and disadvantages.The best divorce law firm will go through these advantages and disadvantages with each of the options.

Respects your decisions

The best divorce law firm will respect your decision.

If your decision is unexpected or abnormal, the best divorce law firm may check with you several times but ultimately, the case and the situation is what you face and it is your case and they should respect your decision.

Finding a divorce law firm in Singapore for divorce

To find a divorce law firm in Singapore for divorce, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.


Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.. 

Rate this blog entry:
82 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

Top tips to Hire the Best Divorce Attorney

The best divorce attorney for you is the one that you can work well with to achieve the ideal outcome for you and your family.

When you first speak with your attorney, the following tips will help you identify the best divorce attorney for you.

Patient

The best divorce attorney for you will certainly be patient with you while you explain your situation to him or her and also while he or she explains the law to you.

You are a normal person and you are not familiar with how the law works. That is why the best divorce attorney for you will patiently go through all these with you.

Ready to repeat

The reality is that you are quite likely to be unable to follow everything the first time your attorney mentions them to you. Because of this, you are likely to have to ask him or her to repeat what was said.

Your attorney should be ready to this over and over at least a few times. This is normal and you should not be made to feel that you are wrong or silly to do this.

Knowledgeable

Your attorney should be knowledgeable about divorce matters and in your discussions with him or her, he or she should be able to address most of your questions and doubts with clarity and certainty.

Honest

Your attorney should also be honest with you and let you know if he or she has to do some research before answering your question.

Sometimes, in respect of some things, it may be difficult or even impossible to tell the outcome in advance. Your attorney must be honest enough to admit this to you directly.

Supportive & Committed

The best divorce attorney for you will be supportive of your goals and aspirations for your family and yourself. If he or she is committed to your objectives, this will adversely affect his or her ability to work closely with you to achieve those objectives and the outcome is likely to be sub-optimal.

Finding a divorce attorney in Singapore for divorce

To find a divorce attorney in Singapore for divorce, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.


Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no-obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it..
Rate this blog entry:
35 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

How to find affordable divorce lawyers in Singapore

It is, of course, vital to find affordable divorce lawyers.Otherwise, you may be forced to your case half way when your money runs out.

Costing

To avoid running out of money half way, it is important to discuss the costing in advance, before engaging your lawyer.

All in quote / Full package cost

For simple cases, for example, a fully consented case (where your spouse will agree and cooperate and sign all the documents), you should ask for an, "All in quote" (or full package cost inclusive of all disbursements), which should include any and all disbursements.

Disbursements

Typically, disbursements refer to the amounts other than your lawyer's professional fees including those that have to be paid to other parties (i.e., parties other than yourself and your lawyer).For example, these can include court fees, oath fees, witness fees, stamp duties, photo stating fees, service fees, etc.

Time-based fees

For more complex cases such as, for example, contested divorce cases, time-based fees may make more sense:

Here, if the parties are able to settle their case early, there could be a significant saving in terms of time and money.

Also, if there is no settlement and a significant amount of work needs to be done, you will pay according to the time-based fee.

Comfort level

Different people will find different comfort levels with different amounts and different ways of charging.

It is vital that you discuss the way of charging in advance and confirm that you are comfortable with it before engaging your lawyer.

Finding an affordable divorce lawyer in Singapore for divorce

To find an affordable divorce lawyer in Singapore for divorce, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.


Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.. 

Rate this blog entry:
94 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

Why it is important to find best divorce law firm for divorce in Singapore

 It is important to find the best divorce law firm for your case because only with the such expertise can you get the best outcome for yourself and your children.

You do not know what you do not know

Since you are a normal person and not a divorce lawyer, you will not know how best to handle a divorce.

Thus, you will not know what are the steps to take to secure the ideal outcome for your case.

Mistakes or wrong steps

In fact, people can make big mistakes or take wrong steps even before looking for their lawyer. This is a terrible situation to be in because your lawyer cannot turn back the clock.

For example, someone makes a report to the authorities against his or her spouse without checking with his or her lawyer first. Once the report has been made, it is often no longer possible to control the outcome of the investigation and the lawyer will not be able to cancel the report.It may be better to see if it were possible to negotiate with the spouse for better terms first before making any report.

Correct, initial steps

Especially with international cases, it is important to take the correct, initial steps. Once the wrong step is taken, it may be impossible to reverse the situation.

For example, in international cases (e.g., where the parties and/or their children are living in different countries or are of different nationalities), important questions include (a) which country's laws would result in a better outcome for you and your children; and (b) what are the factors connecting the case to that country (as opposed the factors that connect the case to Singapore).

Concrete and practical steps

The best divorce law firms can share with you concrete and practical steps you can take to help them get you better outcomes.

For example, you may be asked to brainstorm for many different ways to approach your spouse in order to amicably settle the case. You may also be asked to consider (a) sending a letter; (b) going through an intermediary (e.g., your relative or friend, your spouse's relative or friend); (c) going for mediation conducted by the court; etc. After that, go to a quiet place and carry out vivid visualization exercises to see which way is most likely to successfully result in a settlement.

Steps to Anticipate

The best divorce law firms can also share with you what steps to anticipate that your spouse may take to counter your actions.

For example, if you pick up your child from the kindergarten and bring your child to your own place, your spouse may ask to see the child. Will you allow your spouse to bring the child out? What if your spouse brings the child to his place and refuse to let you see the child?

It is important to analyze many steps in advance so that you are not surprised by what your spouse does in respect to your actions.

Finding a suitable divorce law firm in Singapore for divorce

To find a suitable divorce law firm in Singapore for divorce, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.


Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no-obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
108 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

How the court allocates the parental responsibilities over children in a divorce and how to find a suitable advocate for divorce case

In a divorce, the allocation of parental responsibilities over the children is a crucial part of the case.

To maximize the chances of getting a favourable outcome, you should find a suitable advocate for divorce case to assist you as early as you can.

Parental responsibilities

The court divides parent responsibilities into 3 main parts:

(a) Care and control

(b) Access

(c) Custody

Care and control

By care and control, the court generally refers to the right to take care of a child and to make day-to-day, short-term decisions concerning the children's upbringing and welfare such as what the children will eat today, what they will wear today, where they will sleep today, etc.

Therefore, the court intends the child to live with one party, then, the court will order that party to have care and control over the child.

Access

Usually, if one party gets care and control over the children, the other party gets reasonable access.

Reasonable access can be left to the parties to decide (based on mutually agreeable timing, terms and conditions, etc.).Alternatively, the court can expressly order that the other party can have access to the child from what time to that time, from which day to which day, etc.

Usually, the access is unsupervised (meaning that the other party can bring the child away from the home for outings, etc.).The access may (or may not) be for overnight access (meaning the other party can keep the children overnight.

Custody

Custody deals with long term decisions such as decisions regarding the child's religion, education, name (including surname), major medical decisions, etc.

How the court allocates parental responsibilities

The court is required by the Women's Charter to treat the children's welfare as the paramount consideration (i.e., treat the children's best interests as the most important factor.)Often, the court places significant weight on ensuring a stable household for the children.

The court will also take into account legal precedents (i.e., previous court decisions in other cases).

Legal precedents

(a)Soon Peck Wah v Woon Che Chye [1997] 3 SLR(R) 430, para. 45.

(b)ZO v ZP [2011] 3 SLR 647, holding 2.

(c)CX v CY [2005] 3 SLR(R) 690, holdings 3 and 4, para. 38.

(d)ACU v ACR [2011] 1 SLR 1235, paras. 40 and 41.

How the court allocates parental responsibilities in light of legal precedents

Even if both parents are equally capable of taking care of the child, the court will lean in favour of the mother being given custody of young infants. An infant of tender age is by nature more physically and spiritually dependent on its own mother than anyone else.

Joint custody is the norm and is very much in the welfare of the child.Sole custody is only justified in exceptional situations or circumstances.

The idea behind joint or no custody orders is to ensure that neither parent has a better right over the child and that both have a responsibility to bring the child up in the best way possible. Similarly, the child has a right to the guidance of both his parents.

The court may make a "joint custody order" to remind one party that the other party had an equal say in more significant matters concerning the child's upbringing, and that the one party should be more co-operative with the other party.

Finding a suitable advocate for divorce case

To find a suitable advocate for divorce case, call 6535 1800 now for a No Obligation discussion.

The above is not legal advice and should not be taken as such.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.. 

Rate this blog entry:
291 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

What if My Spouse Does Not Sign The Divorce Papers. Can I Still Get a Divorce?

Sometimes, we came across clients who are concerned that if their spouses do not sign the divorce papers, they cannot proceed with the divorce case.

This is often incorrect.

Even if your spouse cannot be found at all, you can still proceed and get your divorce (provided you satisfy the court's other conditions for divorce).

If your spouse can be found, the divorce papers will be hand delivered to him.

After that, the court rules require him to:

-file a certain document (called a memorandum of appearance) within 8 days from the date that he received the divorce papers.

-file another document (called a defence (or defence and counterclaim)) within 22 days from the date that he received the divorce papers.

If he or she does not file the documents, you can proceed with the case without his or her input.

This is done by applying to court:

-for substituted service.

With the court's permission, the divorce papers can be sent to your spouse's last known address and/or last known email, WhatsApp account, etc.Even if he or she does not respond, your divorce case can still proceed.

-for dispensation of service.

With the court's permission (usually where the spouse has no last known address and no other means of being contacted), the divorce case can proceed without serving the papers on your spouse at all.

The above is not legal advice and should not be taken as such.


Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Rate this blog entry:
1267 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

Top 10 Tips For Handling Your Finances After A Divorce

 After a divorce, you will probably be relieved that it is all over.

However, you should also be aware that there is always the risk of further litigation (legal fights) in the future.

This is one of the major factors affecting how you should handle your finances after a divorce.

Top 10 tips

You should:

(Please note that some of the following may apply even before a divorce.)

1 (if necessary, reach out to your ex-spouse and) close all joint accounts and transfer the funds to the appropriate places:

-Your funds should go into new accounts in your sole name.

-(Of course, any assets that the court divides in your favour should be transferred to your sole name as soon as possible.You should specifically instruct your lawyer or other professional to do this paper work.Because this paper work is usually separate from the divorce, they may take no action unless you instruct them to do the paperwork.)

2 consider opening a new bank account to receive only funds from your ex-spouse.(This may be helpful to help keep track of the funds received from your ex-spouse.)

3 decide whether or not to keep a paper trail of your funds and your expenses.

-Take note that if you keep a comprehensive paper trail (including all receipts, all credit card statements, etc.) of your funds and how they are spent, this can be helpful to prove your income, your expenses.This, in turn, can support your claim for more maintenance.

-However, this can also prove how much you earned and, possibly, how much you saved.

-The reverse of keeping a comprehensive paper trail is to "go cash" and leave no paper trail.This may make it more difficult to prove your expenses (Collecting all the receipts may counter this problem).However, this may also make it more difficult for your ex-spouse to track what had happened to the cash that you have withdrawn.

4 reach out to a financial planner to make a comprehensive financial plan for the future.

-It is important to identify all sources of income (including any maintenance and any division of asset payments or transfers) and allocate and invest them wisely.

-Your financial plan for the future should also cover liabilities.

-You should try to avoid bad debt (such as credit card debt and other high interest debts).

-If you have such debt, you should come up with a plan to pay down such bad debt as soon as you can.

-You should carefully consider "good debt" (such as low interest HDB housing loan which you are able to afford).

-You should ensure that your financial plan takes into account your child(ren)'s education and also your retirement.

5 (where you can afford it) buy insurance to insure you and the child(ren) against illness, death, permanent disability, etc.

-You should ensure that you consider carefully and name the beneficiaries to your insurance policies.

6 come up with a budget (working together with your financial planner).

-Try to save something every month.It may be 65% of your income or 25% of your income or only 5% of your income.Whatever the amount, try to save something.If you succeed, it means you are spending less than you are earning which is much, much better than the reverse.

7 (following from above) create an emergency fund.

-Start by gradually building up your emergency fund to 3 months of your salary. Then, aim for 6 months.If you able to afford it, then build it up to a year and then 2 years of your salary.

-In this way, you have a safety net in case you suddenly lose your job.

8 check with the credit bureau to confirm that your credit is good and that your ex-spouse has not adversely affected your credit worthiness.If the Credit Bureau still have the both of you on record as a married couple, clarify with them that you two have divorced.

9 make a will.This is because no one can tell the future and it is important to provide for your child(ren) and other beneficiaries.

10 make a CPF nomination.This is important for the same reason as above.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
1273 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

What Does Shared Care And Control of The Child(ren) Mean?

In order to understand shared care and control, it is important to note the difference between (A) care and control and (B) custody.


Care and control

Care and control is about the right to take care of a child and to make day-to-day, short-term decisions concerning the child's upbringing and welfare.

This may include deciding on:

-what the child will wear today.

-what the child will eat today.

-when the child with go to bed tonight.

Thus, the party that has care and control will normally have the child living with that party.Equivalently, the party who has the child living with him or her will normally be the party that has care and control.


Custody

Custody alone is about the right to make the more important, longer-term decisions concerning the upbringing and welfare of a child.

This may include:

-the type of education the child is to undergo as this concerns the more important and long-term aspects of a child's upbringing.

-(depending on the importance of this decision to the child's education), the particular school.


Shared care and control

Shared care and control means that the child(ren) spend about equal amounts of time with each parent, for eg,:

-3 days with the father and 4 days with the mother.

-a week with the father and the next week with the mother.

-two weeks with the father and the next 2 weeks with the mother.

It is also important to note that shared care and control is very rare and the court will not make this order unless it is satisfied that it is in the child(ren)'s interests.

In order to get this type of order, it is helpful:

-for the parents to live close to each other (and also close to the child(ren)'s school).

-for the child(ren)'s care arrangements to already be split between the parents and they have already established stable (and separate) households (that are near to each other and to the child(ren)'s school(s)


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Rate this blog entry:
1071 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

My Marriage is Not Working And I Want a Divorce. What Should I do?

 The first sentence from Leo Tolstoy's novel, Anna Karenina, says:

"All happy families are alike; each unhappy family is unhappy in its own way."


First question

Before proceeding with a divorce, you should consider the question:

-whether or not there is a future to the marriage.

Also, you should seek professional help in considering this question.

If necessary (and if your spouse refuses to go for counseling with you), you should go for counseling on your own.


Answers

If your answer to the question is:

-Yes, I believe there is a future to my marriage; or

-I do not know whether there is a future to my marriage,

you should work with professional help towards saving your marriage.

If the your answer to the question is:

-No, I believe there is no future to my marriage,

then, you should engage a lawyer to apply for a divorce.

In the meantime, you should gather together whatever evidence you can in case you need this for the divorce application.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Rate this blog entry:
614 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

What Can I do to Increase my Chances of Getting Care & Control Over my Child(ren)?

 It is important to try to understand the judge's way of thinking about care and control.


Child(ren)'s welfare paramount consideration

Under the Women's Charter, when the judge makes any decision that is related to the child(ren), the judge is required to make the child(ren)'s welfare the paramount consideration.

This means that the judge must treat the child(ren)'s welfare as the most important factor when making any decision that is related to the child(ren).


Stable household and primary caregiver

Often, the judge will emphasize providing a stable household for the child(ren).

This, in turn, usually means that the judge will grant care and control of the child(ren) to the party who was the primary care giver during the marriage -- provided, of course, the child(ren) has (have) been well take care of by the primary care giver.

Thus, a full-time housewife who does not have a domestic helper, who is there all the time for the child(ren), closely supervising the child(ren) and where the child(ren) is (are) healthy and doing well in school is much more likely to get care and control than a parent who is none of the above.


Increasing your chances

Depending on your situation, you may be able to increase your chances of getting care and control over your child(ren) by:

-keeping a diary (a pen and paper one, not an electronic one).

In it, you should record when you get up and go to bed and how you spend your time with the child(ren).You should also record when your spouse gets up and goes to bed and how he or she spends time with the child(ren).

Naturally, such a diary will help your case if you are the primary care giver.Otherwise, it may assist your spouse's claim for care and control.Thus, care should be exercised in keeping such a diary.

-taking photos and/or videos every single day.

These can record your interactions with your child(ren) and help prove that you are the primary care giver.There is no need to wait for a special occasion like a birthday or public holiday to take photos or videos.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
798 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

My Spouse Has Kept Me in The Dark About His (or Her) Assets. What Can I do to Find Out What Assets He (or She) Has?

 Sometimes, in a marriage, one spouse is the sole breadwinner and that spouse keeps to himself (or herself) all information about the assets acquired over the years.

Application for documents and information

In such a case, the other spouse can apply to court for discovery (documents) and interrogatories (information).


A serious limitation

However, there is a serious limitation to these applications:

The court may direct the spouse to produce the documents and the information.

However, the court will not direct the bank, finance company, stockbroker, stock exchange, etc., to provide any document or information.

If the spouse does not produce the documents or the information that the court directed him or her to produce, the court can draw an adverse inference against him or her.


Adverse inference and evidence

The adverse inference can be in the form of assuming that the spouse has more assets than the available evidence shows.

If you have no evidence at all of any assets, it is likely to be difficult to advance your case.

Thus, it is important to have as much evidence as possible.

Even evidence of some bank account or some funds from long ago may prove helpful to your case.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800 or  email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
687 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

I Have Clear Evidence of My Spouse's Adultery (Sexual Intercourse With A Third Party Of The Opposite Sex). I am Sure to Win The Divorce Case, Correct?

The correct answer is, No, not necessarily.


What you need to prove

First of all, yes, divorce based on adultery requires proof of:

-sexual intercourse.

(Just holding hands or having dinner does not count.)

-with a third party of the opposite sex.

(We are of the view that currently, the law is that sexual intercourse between your spouse and a party of the opposite sex is required.)

Secondly, the above is not enough.

You have to also show that you find it intolerable to live with your spouse.

Also, you must not have continued living with your spouse for more than 6 months after finding out about his or her adultery.Otherwise, you cannot use that instance of adultery to apply for a divorce.

Also, you and your spouse must have been married for at least 3 years.Otherwise, the Women's Charter says you cannot apply for a normal divorce (including a divorce based on adultery) in the first 3 years of your marriage.


Benefits of applying based on adultery, are there any?

It is important to note that even if the court grants a divorce based on adultery, this does not mean that you will get more assets or more maintenance for yourself or for the child(ren).

It also does not mean that your spouse will lose care and control of the child(ren) to you.

It still depends on the circumstances of your case.


Reasons not to apply for divorce based on adultery

In fact, there are many reasons not to use adultery as a basis for divorce.

First, the court is likely to require very strong evidence of the adultery.

Secondly, there is the alternative of applying for divorce based on unreasonable behaviour (improper association instead of sexual penetration) which is much easier to prove.

Thirdly, in most cases, there is no advantage in applying based on adultery as this would not improve your claim for division of matrimonial assets, your or the child(ren)'s maintenance and/or care and control of the child(ren).

Fourthly, your spouse is far more likely to resist adultery allegations than suitably watered down allegations of unreasonable behaviour.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800 or  email This email address is being protected from spambots. You need JavaScript enabled to view it.  

Rate this blog entry:
730 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

My Spouse Has a Lot of Credit Card Debts, Gambling Debts & Other Debts. Will They be Deducted From The Matrimonial Assets When We Divorce?

When there is a divorce, the court will divide up the parties' matrimonial assets.

Before dividing the assets, the court will deduct from:

(A) the value of the matrimonial assets,

(B) the value of the matrimonial liabilities,

in order to determine the net value of all the matrimonial assets.

The court will normally not deduct (C) the value of the parties' personal liabilities.

Thus, sometimes, the argument in court is whether a liability is

(1) a matrimonial liability; or

(2) not a matrimonial liability.


Matrimonial liabilities

Examples of matrimonial liabilities include housing loans on the matrimonial home, liabilities incurred for the household and/or the children, etc.


Non-matrimonial liabilities

Examples of non-matrimonial liabilities include liabilities incurred solely for the benefit of one party without the consent (express or implied) consent of the other party.

Credit card debts incurred by one party to buy himself or herself an outrageous gift which the other party immediately objected to after finding out is more likely to be a personal liability.

However, credit card debts incurred in the normal course of the marriage to which neither party objected may be a matrimonial liability.

Gambling debts incurred by one party when the other party has been objecting to the gambling is more likely to be a personal liability.

However, gambling debts incurred on a family trip are likely to be matrimonial liabilities.

Depending on the facts, the court's decision may be made based on case by case considerations and may also depend on how the particular judge views the evidence.

The above is not legal advice and should not be taken as such.


Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
903 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

What Are The Court's Requirements For An Annulment?

 In the first 3 years of your marriage, you cannot (successfully) apply for a normal divorce.

This means that during the first 3 years,

-you cannot (successfully) apply for a divorce if your spouse has behaved in such a way that you cannot be reasonably be expected to live with him or her.

-you cannot apply for a divorce if your spouse has deserted your for 2 years.

-you cannot apply for a divorce even if your spouse has committed adultery and you find it intolerable to live with him or her.


Annulment

In the first 3 years of your marriage, you are allowed to apply for an annulment.

An annulment is radically different from a divorce.

This is because after an annulment, the parties' status reverts back to being single.After a divorce, their status becomes that of divorcees.

The court requires certain conditions (stipulated in the Women's Charter) to be satisfied before it will grant an annulment.

These conditions (for annulment) are radically different from those for a divorce.


What are the conditions for an annulment?

Actually, there are very many different types of annulment, each with different conditions.

For example, if you married your spouse after he misled you into thinking that he was a woman, this may entitle you to an annulment.

Another is example is where you or your spouse were unable to properly consent to the marriage (perhaps due to an abnormality of the mind) which may also entitle you to an annulment.


The most common type of annulment

However, by far the most common type of annulment is based on wilful refusal to consummate the marriage.


Condition(s) for the most common type of annulment

The condition that needs to be satisfied in this type of annulment is:

-the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it.

If this condition is not satisfied, the application for annulment will fail -- even if both parties agree and cooperate and sign all the annulment papers.

Generally, this condition means that:

-since the parties got married (ROM), the parties had never had sexual intercourse;

-the applicant (ie, the party applying for the annulment) constantly (or often) approached the defendant to have sexual intercourse; and

-the defendant kept refusing to have sexual intercourse with the applicant, either without any reason at all; or without any good reason.

The above is not legal advice and should not be taken as such.


Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
834 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

I Have Been Married (ROM) for Less Than 3 Years. Can I Apply For A Divorce?

The Women's Charter does not allow you to (successfully) apply for a normal divorce within the first 3 years of your marriage.

This means that in the first 3 years of your marriage,

-you cannot (successfully) apply for a divorce if your spouse has behaved in such a way that you cannot be reasonably be expected to live with him or her.

-you cannot apply for a divorce if your spouse has deserted your for 2 years.

-you cannot apply for a divorce even if your spouse committed adultery and you find it intolerable to live with him or her.


Annulment

In the first 3 years of your marriage, you are allowed to apply for an annulment.

However, the court requires certain conditions (stipulated in the Women's Charter) to be satisfied before it will grant an annulment.

These conditions (for annulment) are radically different from those for a divorce.


Exceptional hardship & exceptional depravity

In the first 3 years of your marriage, you are allowed to apply for an "exceptional" divorce.This must be based on:

-exceptional hardship; and/or

-exceptional depravity.

In the past, suffering from depression was sufficient to satisfy the condition to get an "exceptional" divorce.However, this no longer appears to be the case.

Now, it is much harder to get an "exceptional" divorce.

The above is not legal advice and should not be taken as such.


Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Rate this blog entry:
651 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

In a Divorce Case, What is Mediation and What Happens There?

If you and your spouse cannot agree on the terms of the divorce, the court will often fix the case for mediation.

Mediation is essentially negotiations between the parties with the assistance of a judge (or other judicial officer).

Leading up to the mediation, the court will usually direct the parties to exchange copies of documents including:

-each party's IRS notices of assessment for the past 3 years.

-each party's bank statements for the past 3 to 6 months.

-each party's CPF statements showing the balances in their CPF accounts.

-each party's CPF statements showing the amount paid towards the property and accrued interest.

-each party's list of expenses (and, if any, child(ren)'s expenses).

-each party's payslips for past 3 to 6 months.

-each party's documents showing the value of the property and the amount outstanding on the housing loan.

Mediation will be conducted on a without prejudice basis.This means that all communications made in the course of mediation will be treated in strict confidence and will not be admissible in any court unless otherwise stipulated by law.

At the mediation session, the judge (or other judicial officer) will guide the parties and their lawyers.

Often, the outstanding issues (which the parties are unable to agree on) will be identified.Then, each party's position will be determined (so that the gap between them is clarified).

The judge may organize the mediation session as he or she deems fit, including:

-seeing and speaking with all the parties and their lawyers.

-seeing and speaking with one (or the other) party and that party's lawyers only; and/or

-seeing and speaking with one (or the other) party without his or her lawyers.

If the dispute is not resolved at the mediation session, the court will direct the case to proceed to trial.

The case will then be heard by a judge other than the judicial officer conducting the mediation.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
793 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

My Spouse is Agreeable to a Divorce. What Happens in an Uncontested Divorce?

Typically, we will conduct an initial interview to understand your situation better.

Then, we will prepare the draft divorce papers for your approval.

After you have approved them, they are shown to your spouse for his or her approval.

After both of you have approved the divorce papers, the signing copies will be prepared and an appointment fixed for the both of you to attend and sign the papers.

When you and your spouse sign, your signatures will be witnessed by a Commissioner for Oaths.

After that, the signed divorce papers will be filed into court.

Then, the court will fix a hearing date.Usually, neither of you needs to attend court.

On the hearing date, the judge will review the divorce papers and if they are in order, he or she will grant an Interim Judgment.

After that, there is a 3-month waiting period.

After the 3-month waiting period, the court will grant the Final Judgment.

(If you have any children with your spouse who are below 21 years of age, the court will also write to the both of you to attend a counseling session.If you wish to, you can call up to reschedule your appointment so that you do not need to attend at the same time as your spouse.You should not bring the children to the counseling session.)

The above is not legal advice and should not be taken as such.


Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
556 Hits
0 Comments
Philip Lam - Singapore Divorce Lawyer

My Spouse is Not Agreeable to a Divorce. What Happens in a Contested Divorce?

 Typically, we will conduct an initial interview to understand your situation better.


Parenting program

If you have any children with your spouse who are below 21 years of age, you will be registered for a parenting program.

This program consists of a one-time, 2 to 3-hour session.It will usually not be about how to reconcile with your spouse.Instead, it will normally focus on how the divorce may impact on your child(ren) and how the parties should not use the child(ren) as a pawn(s), etc.

It is for you to attend on your own.In other words, there is no need for your spouse to attend with you.You should also not bring your child(ren).

After you complete the program, you will normally be given a certificate of completion.

This certificate will be filed into court together with the divorce papers.


Divorce papers

In the meantime, the divorce papers will be prepared.

After the papers are filed into court, the court will affix its seal to them.

The divorce papers (including Writ for Divorce) will then be served on your spouse.

Counting from the date that he or she received the papers, your spouse is required to:

-file his or her memorandum of appearance within 8 days; and

-file his or her defence (and counterclaim, where applicable) within 22 days.

If he or she does not file the documents, you can proceed with the case without his or her input.

If your spouse files the documents in time, the court will call the parties' lawyers for a case conference.


Mediation

Often, the parties would go for mediation after that.

Mediation is essentially negotiations with the assistance of a judge.

If mediation is successful, the rest of the case will be "just paper work" and no further "fighting" is required.

If the mediation is not successful and the parties are not able to agree on anything, the court will fix the case for trial.


Trial

At the trial, both sides will get the chance to call their witnesses (including themselves) to prove the facts on which the divorce is based.

If there is insufficient evidence, the divorce application will be dismissed and the parties will remain married.

If there is sufficient evidence of the facts for divorce, the divorce will be granted.


Affidavit of assets and means

After that, the parties will be required to file their affidavits of assets and means.

These are sworn statements listing out:

-the parties' assets and liabilities

-the parties' income and expenses

-the child(ren)'s expenses

-the parties' direct and indirect contributions towards the assets and the household, etc.


Ancillary matters hearing

Once all appropriate evidence has been filed, the court will fix the case for an ancillary matters ("AM") hearing.

At this hearing, the court will hear the parties' lawyers and in the end, decide on issues such as the child(ren)'s custody, care and control and maintenance, spousal maintenance, division of matrimonial assets, etc.

After the usual 3-month waiting period and the outcome of the AM hearing, the final judgment will be granted and the divorce completed.


The above is not legal advice and should not be taken as such.

Call 6535 1800 now for a No Obligation discussion.

Lam & Co. (Advocates & Solicitors): An International and Singapore divorce law firm.

We can help by addressing your questions and speaking about how to move forward.

For a no obligation discussion, call +65 6535 1800, email This email address is being protected from spambots. You need JavaScript enabled to view it.

Rate this blog entry:
744 Hits
0 Comments

ANY QUESTIONS OR CONCERNS? ASK US.

Fill in the form below and we will contact you for a private and confidential discussion.