Expat divorce – What should you know about it?

Making a wedding work isn't easy especially with the extra pressure of creating your ex-pat life work. Divorce is typically the logical consequence when a wedding ends. The best family law firm Singapore will offer advice on what to stay in mind for divorce outside of your home country.

The end of any marriage is stressful and this will be compounded if you're living far from your home country. What’s certain is that divorce doesn't need to be so destructive that those involved are left emotionally shattered. There are several non-contentious routes for an amicable divorce that parties can adopt to attenuate the impact. Provided both parties agree that the wedding has irretrievably ended and that they are happy that the divorce takes place within the chosen country, the divorce itself can usually be an easy paper application.

Avoiding a Financial Dispute

The issue which will often cause difficulty and hostility is negotiating the matrimonial finances. Following an amicable divorce, to make sure that the associated financial issues are resolved swiftly, both parties must be reasonable and open within financial negotiations. 

Both parties are entitled to request full and frank financial disclosure from one another and it's imperative that they're cooperative and fully engaged within the process. It’s particularly important where there are children involved as parties must remember that they're going to need to co-parent together until their youngest child is a minimum of 18 years old, therefore a bitter financial dispute will only cause tension at handovers which the youngsters will inevitably devour on.

Where to Divorce as an Expat

As an expatriate living overseas, there are usually multiple options hospitable to you in terms of where you'll get a divorce. A stimulating case in Singapore highlights the importance of carefully considering the acceptable place to divorce as an expat. The case heard last year within the Australian courts involved an expat couple living in Singapore - the husband was British and therefore the wife Australian. The husband, who earned around 1 million Australian dollars per year, wanted to divorce in Singapore whilst the wife wanted to conduct the expat divorce in Australia. 

The Australian Judge determined that it might be more advantageous for the wife to divorce in Australia, than in conducting an expat divorce Singapore. In Australia, the court would take under consideration assets that accrued during the time the couple lived together before the wedding, whereas in Singapore, the court wouldn't. The Judge also considered that Australia would award the wife litigation funding to support her during the divorce whereas this cannot happen in Singapore.

What to Ask Your Family Lawyer in Singapore

This case highlights the importance for expats of taking clear and full advice, not only within the country during which they reside, but also their home country which of their spouse. It is vital to research intimately the pros and cons of every jurisdiction hospitable to you to form an informed decision on the way to proceed.

Important inquiries to consider together with your Singapore expat divorce lawyer are:

• How are assets divided on divorce?
• What assets are included? Are businesses or inherited assets excluded, for instance?
• Does the length of marriage make a difference to the result and are periods of cohabitation included?
• Will I be able to obtain interim support during the divorce?
• Will I be able to obtain help with my legal fees from my spouse?
• How long are child and spousal maintenance likely to be awarded for?
• Are the awards needs-based?
• What's the disclosure process?