What should I do when spouse (husband or wife) uses or threatens to use violence against the child of the family and/me?

• Adultery
• Unreasonable behaviour
• Desertion
• Separation for 3 years with consent
• Separation for 4 years without consent

• Domicile
• 3 years' restriction
• monogamous marriage

• the Petitioner (the spouse filing the Petition; and
• the Respondent (the other spouse)

If the Divorce is based on the factual situation of Adultery, the 3rd party may be named in the Petition and he or she is known as the "Co-Respondent".

You may wish to be separated from your spouse for a period of time before you decide on a divorce. In the meantime, the parties can still work out on reconciliation.

In this case, you may sign an agreement called a Deed of Separation which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. Both parties may mutually agree on an arrangement for the custody care and control of the children (minor), maintenance of a spouse and/or children and division of the matrimonial assets in the event of a divorce. 

A Deed of Separation is a private document, and not lodge with any government departments, and the Separation Deed may be revoked at any time with the consent of both parties.

Although the parties may have mutually agreed to the terms in the Separation Deed, either party can still apply to have any of the terms set aside by the Family Court (unless the Deed of Separation was sanctioned by the Court).

It would be advisable for you to consult a lawyer to draft the Deed of Separation, and the Deed signed in the presence of a lawyer.

Can I reconcile with my spouse after signing a Deed of Separation?

You may reconcile with your spouse even after signing the Deed of Separation. Alternatively, you may proceed with your divorce after 3 years (if your spouse consents) or 4 years (if your spouse does not).

Apart from Divorce, is there any other method of separation between Husband and Wife?

Once the decree of Judicial Separation is granted by the Court, the Petitioner is no longer obliged to cohabit with the Respondent.

There may be reasons that you may not want a Divorce which ends a marriage, such as on religious or moral grounds. Or you may not meet the 3 years' restriction on petitions for divorces.

Yes, the Court can deal with these matters such as custody of children and maintenance and division of the matrimonial assets.

Section 89 of the Women's Charter provides that it is the duty of the Court in a petition for a Divorce or Judicial Separation to give consideration to the possibility of a reconciliation of the parties to the marriage.

• with the consent of the parties, interview them in Chambers (Judge's room), with or without the presence of their lawyers

• nominate a Conciliation Officer to endeavour to effect a reconciliation

• postpone the proceedings to allow the parties the opportunity of being reconciled

It is to be noted that anything said or discussed (including admissions) in the course of an endeavour to effect a reconciliation will not be admissible in Court if the parties proceed with the proceedings after such attempt fails.

During the subsistence of a marriage, the husband has an obligation to maintain his wife and children.

• Maintenance of ex-wife
• Custody of children
• Maintenance of children
• Division of assets and properties

• it was made based on a misrepresentation or a mistake; or

• there has been a material change in the circumstances after the Order was made

• attachment of earnings order
• writ of seizure & sale
• imprisonment

It means the husband's or father's employer is ordered to keep a part of his salary to pay for the maintenance. If he leaves his employment, a new order has to be obtained against his new employer.

The husband's or father's personal property is seized and will be sold to pay for arrears of maintenance.

This Order is usually the last resort, which means that the Court will sentence the Respondent to a term of imprisonment. Such order is usually not beneficial to the wife, ex-wife or children because if the husband or father is in prison, he is unable to earn any income.

• Non-consummation owing to incapacity
• Non-consummation owing to wilful refusal
• Lack of consent
• Mental illness rendering the person unfit for marriage
• Respondent pregnant by another man
• Respondent suffering from Communicable Venereal Disease prior to marriage

• If the Petitioner knew of the circumstances whereby he or she could have avoided the marriage but conduct himself or herself such as to lead the Respondent reasonably to believe that the Petitioner would not seek to do so; and that it would be unjust to the Respondent to grant the decree.
  

• For the Petition based on the ground of mental illness, lack of consent, pregnancy and venereal disease, the Petition must be instituted within 3 years of marriage

A decree of nullity shall operate to annul the marriage with respect to any time after the decree has been made absolute (i.e. final). Notwithstanding the decree, the marriage is treated as if it had existed up to that time.

Notwithstanding the annulment, as at the date of the decree, the child shall be deemed to be their legitimate child (if the child would have been the legitimate child of the parties to the marriage if it has d been dissolved (by way of divorce) instead of being annulled. 

Violence may take place anywhere, and relates to physical violence and directed at the spouse or a child.

You must swear / affirm a complaint and produce a copy of an police report (if available) and a copy of any medical report (if available) to substantiate your complaint.

After your complaint, the Magistrate will then issue a summons against the Respondent with a return date, whereupon the Court will hear the parties, and their evidence recorded. Upon hearing the evidence, the Court will make its orders.

Applications are to be made in accordance with the provisions of the Adoption of Children Act.

        In general, an adoption order is not made when the sole Applicant is a male and the child is a female unless the Court is satisfied that there are special circumstances which justify making such an exceptional order.

        To make an application, the following must be satisfied:-

(1)    the Applicant must be at least 25 years of age;
(2)    the Applicant must be at least 21 years older than the child whom he/she is seeking to adopt;
(3)    the Applicant must be a resident in Singapore;
(4)    the child must be resident in Singapore;
(5)    the parent or guardian of the child must consent to the application; and
(6)    the spouse of the Applicant must give his/her consent if it is not a joint application.

    Yes, the Court can make an order for adoption in exceptional circumstances such as:-

        (1)    the Applicant is below 25 years of age and not more than 21 years older than the child, if:-

                (a)    the Applicant and the child are related, or 
                (b)    they are not related but there are special circumstances.

        (2)    no consent from the parent or guardian is provided, the Court is satisfied that the parent or guardian:-

                (a)    neglected or abandoned the child,
                (b)    cannot be found, or
                (c)    is unfit by reason of physical or mental incapacity.

    The Court must be satisfied that:-

        (1)    the parent or guardian who has consented to the adoption understands the nature and effect of an adoption order, i.e. that the order will permanently deprive him/her of his/her parental rights over the child;
 
        (2)    the order will be for the welfare of the child, and if the Court is satisfied that the child is of an age to have sufficient understanding, due consideration will be given to his/her wishes;

        (3)    the parent or guardian has not received or agreed to receive and that no person has made or given or agreed to make or give to the parent or guardian any payment or other reward in consideration of the adoption except as sanction by the Court.

Upon the order being made, all rights, duties, obligations and liabilities of the parent(s) or guardian(s) in relation to the future custody, maintenance and education of the child shall be extinguished and the adoptive parent(s) shall stand in the position of the parent(s) or guardian(s).

The Registrar of Births and Death will then issue the child's birth certificate bearing the child's new name and the name, address and description of each of the adoptive parent. Thereafter, no one shall be permitted to inspect the original entry in the Register of Births or take a copy of such entry unless permitted by the Registrar.    

You should engage a Lawyer to prepare all relevant documents and file a petition in the prescribed format. Some of the documents which will be filed together with the petition are:-

(1)    an affidavit verifying the contents of the petition,
(2)    the child's birth certificate,
(3)    the marriage certificate of the adoptive parents if the petition is jointly made by the spouses,
(4)    the consent of the natural parent(s) or guardian(s),
(5)    the consent of the other spouse if one of them is the applicant.

During the proceedings, the Attorney-General will usually be appointed by the Court to be the guardian ad litem for the child. The Attorney-General will appoint a welfare officer from the Children & Young Persons Service, to conduct the necessary investigations concerning the proposed adoption. After such investigation, the officer will give an affidavit stating his findings of the investigation.

Your Lawyer will liaise with the Attorney-General on their requirements on your behalf, and prepare and file such requisite documents as may be required by the Attorney-General and/or the Court. An adoption order will be granted when all procedures have been adhered to and the requirements fulfilled to the satisfaction of the Court.