Divorce proceedings for NRIs in Singapore

Getting a divorce as a Non-Resident Indian (NRI) in Singapore can be tricky because you need to follow both Indian and Singaporean laws. This is because each country has its own rules and ways of doing things. NRIs who want a divorce must first check if they are eligible, based on where they live, how long they’ve been married, and if they have children.

In Singapore, the Women’s Charter is the main law for divorce. However, NRIs should also think about Indian laws, like the Hindu Marriage Act or the Special Marriage Act, depending on their religion and marriage. These laws can make the process more difficult, especially when trying to make sure the divorce agreement works in both countries. It’s a good idea for NRIs to hire a lawyer who knows both Indian and Singaporean family law to help them through the process.

Filing for Divorce in Singapore

In Singapore, the divorce process begins by filing a petition in the Family Justice Courts. NRIs need to know the reasons for divorce under Singaporean law. These reasons include if the marriage cannot be saved or if something went wrong in the marriage. They also need to think about things like dividing property, paying support to their spouse, and taking care of children. These things often need careful discussion and help from a lawyer.

Eligibility Criteria

1. Residency Requirement: 

To file for divorce in Singapore, one spouse must have lived in Singapore for at least three years. This shows that they have a strong connection to Singapore. So, an NRI can file for divorce in Singapore even if their spouse is still living in India. 

2. Marriage Duration: 

The couple must have been married for at least three years. This rule helps the court make sure that the relationship has had enough time to grow, so they can fairly look at the marriage and any problems that may have come up over time.

Grounds for Divorce

In Singapore, a divorce can be filed on several grounds, which include:

1. Adultery: 

This ground applies when one spouse has engaged in sexual relations with someone outside the marriage. The other spouse can file for divorce based on this breach of marital trust.

2. Unreasonable Behavior: 

This includes cases where one spouse treats the other badly, either physically or emotionally, making it impossible for the victim to stay in the relationship. Examples can be things like name-calling, controlling behavior, or any actions that hurt the other person’s feelings or safety.

3. Desertion: A spouse can ask for a divorce if their partner leaves them without permission and stays away for at least two years. This reason recognizes that when one person chooses to leave, it can hurt the relationship beyond repair.
4. Separation: 

If the couple has lived apart for a minimum of three years, either spouse can file for divorce. This ground recognizes that a lengthy period of separation may indicate that the marriage has effectively ended.

5. Mutual Agreement: 

If both spouses agree that they cannot fix their marriage, they can file for divorce together. This makes the process easier because both people agree to end the marriage.

Mutual Consent Divorce

For Non-Resident Indians (NRIs), pursuing a mutual consent divorce is often advisable. This type of divorce is beneficial because it requires both parties to agree on the terms, which can significantly simplify the process. The steps involved typically include:

1. Filing a Joint Application: 

Both spouses must file a joint application for divorce in the Family Justice Courts. This application outlines the agreed terms of the divorce, including matters related to asset division, child custody, and any financial settlements.

2. Attending Two Motions: 

The court will schedule two motions:

• The first motion allows both parties to express their consent to the divorce. During this session, the couple can also present the terms they have agreed upon.
• The second motion takes place after a six-month reflection period, during which the couple has time to reconsider their decision. In this session, the couple reconfirms their intention to proceed with the divorce.

Legal Considerations

1. Jurisdiction Issues: 

When one person lives in India and the other lives in Singapore, it can be tricky to decide which country’s court will handle the divorce. Indian courts may not accept a divorce decision made in another country unless both people live in that country and are part of the legal process. This can make things harder and cause confusion about where the divorce should be filed.

Ex Parte Decrees: 

If one person is not present during the divorce (called ex parte), it might not be final unless that person agrees or participates later. This can make things harder for people who live in another country, especially if one spouse can’t or doesn’t want to go to the court hearings.

3. Recognition of Foreign Decrees: 

Indian courts do not automatically accept divorce decisions from other countries. To accept the divorce, both people must agree to the foreign court’s rules, and the reason for the divorce must match what Indian law allows.

4. Mutual Consent Divorce : 

People often recommend a mutual consent divorce because it simplifies the process. Both parties must agree to the divorce and its terms. If the spouse in India is willing to participate, this can facilitate a smoother process, helping to avoid potential legal implications that may arise in a contested divorce.

Conclusion

Getting a divorce in Singapore can be tricky for Non-Resident Indians (NRIs). Both Indian and Singaporean laws are involved. It’s important to know if you qualify for a divorce and the reasons for divorce. You also need to understand how to go about it, especially if both partners agree. Asking a lawyer who understands both Indian and Singaporean laws can help. They can make the process easier and make sure everyone’s rights are respected.

When both partners agree to get a divorce, talking and working together can make the process easier. This helps reduce stress. It also makes it more likely to get a fair decision that both countries accept. With the right help from experts, NRIs can go through the divorce smoothly. They can then move on to the next part of their life.

It is advisable for NRIs to consult with legal professionals familiar with both Indian and Singaporean family law to navigate these complexities effectively.