Divorce and family matters

You must show the court that the marriage has broken down irretrievably, using one of six facts set out in the Women's Charter, and you usually need to have been married for at least three years. The court first grants an Interim Judgment, then deals with children, maintenance and assets, and the divorce becomes final when the Final Judgment is extracted.

If you and your spouse agree on the divorce and the fact relied on before filing, the case can run on the simplified track, even if some issues about children or money are still open. If the divorce itself is disputed, it runs on the normal track, which involves more steps and usually takes longer.

Muslim divorces are dealt with by the Syariah Court under the Administration of Muslim Law Act, not the civil courts. You must first register for and attend the Marriage Counselling Programme, then file your case, which goes to mediation and, if needed, a hearing. The Syariah Court also deals with nafkah iddah, mutaah, custody and the division of matrimonial property, while child maintenance is dealt with by the Family Justice Courts.

The court divides the pool of matrimonial assets in a way it considers just and equitable, looking at each spouse's financial contributions and their contributions to the family, such as homemaking and childcare. There is no automatic 50-50 split, and an HDB flat brings its own eligibility rules.

The court's paramount concern is the child's welfare. Custody, meaning major decisions, is usually shared by both parents, while care and control decides who the child lives with day to day and the other parent is given access.

Both parents have a legal duty to maintain their children, usually until 21 and sometimes beyond. A wife or former wife, or a husband who is incapacitated, can ask for maintenance, but spousal maintenance is not automatic and depends on factors such as income, needs and the standard of living during the marriage.

You apply to the Family Justice Courts, or through a Protection Specialist Centre, by setting out the family violence you have suffered or fear. The court can grant a protection order if it is satisfied that family violence has been or is likely to be committed and the order is needed for your protection, and in urgent cases it can make a temporary Expedited Order. If you are in immediate danger, call the Police on 999 first.