Addressing Ancillary Matters in a Divorce

In the event of a Divorce in Singapore, Ancillary Matters such as child custody, maintenance, and asset division become central concerns. We navigate through these critical aspects, providing clarity on how these matters are resolved equally and fairly.

What are Ancillary Matters?

Ancillary matters are a crucial aspect of the divorce process. This includes decisions on child custody arrangements, financial support for both children and spouses, and the division of matrimonial home and division of matrimonial assets. These decisions revolve around ensuring the best interests of the child, and a fair and just distribution, based on your respective contributions.

Overview of Ancillary Matters in a Divorce

In Singapore’s divorce process, following the Interim Judgment, the court will proceed to address Ancillary Matters, which forms the second stage in the divorce process. They cover a wide range of areas from child custody and child/spousal maintenance, division of matrimonial assets, and the division of the matrimonial home.

Mediation, counselling, and out of court negotiations are some methods through which these issues can be resolved. If there’s an agreement between the two parties, a consent Ancillary Matters hearing is scheduled.

However, in the absence of an agreement, an Ancillary Matters Case Conference may be necessary to address the unresolved issues. Court proceedings for these issues can be lengthy, complex and stressful. The engagement of family lawyers to provide legal advice may help navigate you through it.

Child Custody, Care and Control, and Access

Children’s welfare is one of the most critical ancillary matters in a divorce. This typically encompasses issues of custody, care and control, and access to the children of the marriage. The Family Justice Courts in Singapore prioritise the best interest of the child in their decisions, focusing on the welfare of the child which includes:

• Physical well-being

• Emotional well-being

• Educational well-being

• Moral well-being

  Determining custody involves several considerations, including:

• The parents’ involvement

• The child’s preferences

• The desire to maintain sibling relationships

• Each parent’s capacity to meet the child’s need for emotional and developmental support

In situations of dispute, additional measures like the Mandatory Co-Parenting Programme (CPP) and Status Conferences might be employed to ensure children’s issues are appropriately managed, including the requirement to attend court.

Child Custody

There are two types of Child Custody:

• Joint Custody

  In Singapore, joint custody is the common practice, emphasising equal decision making power for both parents. This arrangement encourages ongoing involvement of both parents in important aspects of the child’s life.

• Sole Custody

  Sole custody comes into play when collaboration between parents is challenging or in special cases of abuse and such. In such situations, all major decisions regarding the child’s welfare are entrusted to one parent, eliminating the possibility of shared decision-making in a joint custody setup.

Care and Control

Care and Control is another significant factor of child custody issues. Care and Control means where the child will stay. The parent granted care and control will then have the authority to make short term decisions relating to the child’s daily life.

Custody on the other hand, relates to major decisions of the child’s life, such as religion, education, and health.

• If there is Joint Custody, both parents must agree to such terms.
• If there is Sole Custody, then the parent with sole custody will be the decider.

It is rare that Singapore grants sole custody unless it is an exceptional case such as complete neglect of the child or sexual abuse.

Please bear in mind that a parent having a criminal record or is abusive to the spouse does not automatically grant sole custody. A parent may be a bad spouse but can be a great parent.

Access Rights

There are various types of Access Rights:

• Reasonable Access

  Reasonable Access means that time spent with the child should be scheduled or arranged in advance.

• Liberal Access

  Liberal Access on the other hand, the non-custodial parent can have access as and when she or he wants.

• Restricted Access

  Restricted Access can be unsupervised but restricted to a specific place.

• Overnight Access

  Overnight Access is whereby a child may stay overnight at the non-custodial parent’s house.

The order of the Court for child Access Rights can be fluid. The Court will always make an order that is in the best interest of the child.

Imagine this scenario.

You’re going through a divorce in Singapore, and your child’s father, who is a recovering drug addict, expresses a strong desire to maintain a relationship with your child. In such cases, the court may decide to grant him supervised access rights. This means your child can still have contact with his/her father, but these interactions will occur in a controlled environment with either the other parent, or, an authorised agency such as the Divorce Support Specialist Agency (DSSA) designated supervisor present to ensure your child’s safety during visits. The frequency of these supervised visits, typically once or twice a week, will be determined by the court, considering what is in the child’s best interests. To navigate such complex situations, it’s crucial to seek legal guidance to ensure the best outcome for your child.

The Family Court often encourages parents to cooperate on access arrangements and may order a Custody Evaluation Report in disputes. It can also grant specific orders for access during special occasions like Christmas, Chinese New Year, or Hari Raya. During school holidays, the children may spend alternating periods of time, such as two weeks with one parent, followed by two weeks with the other parent.

It’s important to note that the child’s reasonable preferences, which are assessed based on age and maturity, may impact the determination of access rights, although the court is cautious of parental influence on the child’s wishes.

Maintenance: Child and Spousal Support

Another key ancillary matter in a divorce is Maintenance, which is also known as financial support. It covers children, ex spouses, and in certain situations, incapacitated husbands.

Child Maintenance

Biological parents, step parents, and adoptive parents, are obliged to maintain any of their children under 21 years old.

Child maintenance includes costs for essentials like food, clothing, and education, with the amount determined by the child’s needs and parental financial capabilities. Not only will the Court assess parental finances, the maintenance amount can also be influenced by the age of the parents, the duration of the marriage, and the child’s standard of living during the marriage. The court will also take into consideration any physical or mental disability of the child.

Imagine this scenario.

You and your spouse are divorcing with a child who has a disability. The court will assess the situation and decide how much child maintenance should be paid. The court will consider what your child needs such as basic clothing, food, education and even special requirements needed for his disability. Other considerations include both you and your spouse’s financial capabilities and the lifestyle your child enjoyed. For instance, both you and your spouse are working, but you draw a smaller salary. The court will likely direct that your spouse provides a larger share of your child’s maintenance.

Overall, the court considers a multitude of factors to ensure the wellbeing of your child and at the same time be just and equitable to both you and your spouse.

Spousal Maintenance

Another essential aspect of the divorce process is spousal maintenance as stated in the Women’s Charter.

In Singapore, wives have the option to apply for maintenance at various stages (this includes child maintenance where applicable as well) including during marriage, separation, and divorce proceedings. This provides them with legal support and financial protection in different circumstances.

• The parties’ income
• Earning capacity
• Contributions to the family
• The standard of living
• Duration of the marriage

Maintenance orders can be varied or cancelled if a significant change in circumstances occurs. The goal is to avoid creating lifelong dependency and to encourage financial independence post-divorce. The court may even grant spousal maintenance as periodic payments or as a lump sum, with the latter often used to enforce a ‘clean break’ or due to lack of cooperation.

Imagine this scenario.

You’re in a situation where you and your spouse, who is a multi-millionaire, are getting a divorce. Throughout your marriage, your husband has been extremely affluent, and you’ve indulged in luxury items like Hermes bags and extravagant lunches. Now, upon divorce, the court may order your husband to pay you spousal maintenance to help you maintain your opulent lifestyle. The court could determine this amount to be SGD 50,000 per month, ensuring you can continue your lavish spending habits even after the divorce, allowing for a fair transition for both parties as you navigate the complexities of separation.

[Please note that the above example is a simplified example, and the actual spousal maintenance amount can vary.]

Division of Matrimonial Assets and Matrimonial Home

Matrimonial Assets

During a divorce, another critical ancillary matter that requires resolution is the division of matrimonial assets. Matrimonial assets includes:

• Assets acquired by one or both parties during the marriage
• Assets acquired before marriage but used by one or both parties or their children
• Assets acquired before marriage but were significantly improved by the other spouse during the marriage

The division of matrimonial assets mandated by the Women’s Charter allows for a just and equitable allocation. The division process consists of evaluating the direct and indirect contributions of parties, followed by averaging these ratios to arrive at an equitable share for each.

Imagine this scenario.

You and your spouse decide to divorce, and you have a matrimonial home, savings, and investments acquired during your marriage. To determine the division of assets, both your direct contributions (such as how much financial contribution was pumped into acquiring that asset or financial contribution towards maintaining that asset) and indirect contributions (such as homemaking and child-rearing) will be considered. For instance, if you’ve been the primary breadwinner, your direct financial contributions are significant. On the other hand, your spouse, who may have managed the household and children, made indirect contributions by allowing you to focus on your career. After assessing these contributions, a fair share for each of you will be calculated to ensure an equitable distribution of assets.

Examples of matrimonial assets include:

• The matrimonial home
• The family car
• Jewellery
• Businesses
• Insurance policies
• Crypto
• Shares
• Central Provident Fund (CPF) balances
• Savings
• Lottery winnings
• Golf memberships

Matrimonial Home

Similarly, the division of the matrimonial home is subject to a number of considerations under Singapore Law.

The matrimonial home is often the most significant asset a couple has, and its division can be a complex process. The court aims to reach a fair and equitable distribution, taking into account factors such as each party’s financial and non-financial contributions to the home, the needs of the children, and the individual circumstances of the parties involved.

Imagine this scenario.

Let’s say you’re getting a divorce, and you have two children. You’ve been taking care of them as the primary caregiver while your spouse worked outside the home and has been the primary income earner. You both own a house that you’ve lived in together. In this case, the court will recognise both types of contributions. However, the court may decide that, to ensure stability and continuity for the children, you can keep living in the house with them. This arrangement continues until the children reach a certain age, ensuring their daily lives are less disrupted. When that time comes, you might sell the house, and the proceeds would be divided between you and your spouse. The court considers your caregiving responsibilities and the children’s well-being in this decision, aiming to minimise the impact of the divorce on them.

In some cases, the court may order the sale of the home and an equitable division of the proceeds. In others, one spouse may buy out the other’s share. The specific outcome will depend on the unique circumstances of each case, ensuring that the division of the matrimonial home aligns with the principles of fairness and equity recognized by Singapore Law.

What are some factors influencing Asset Division?

After identifying matrimonial assets, they must be divided in a manner that is both fair and equitable. The court examines the direct financial contributions made by each party, including payments like mortgages, and indirect contributions such as renovations.

In addition, contributions to the welfare of the family, including homemaking and caring for dependents, as well as supporting a spouse’s business or occupation, are factored into asset division. This ensures that homemakers are not disadvantaged despite the absence of direct financial contributions. Agreements made between the parties concerning the ownership and division of assets can also influence the final division.

Conclusion

Navigating the complexities of a divorce is no easy task. However, understanding all the ancillary matters involved can help ensure a fair and balanced resolution. As we’ve seen, these matters cover a wide range of issues from child custody and access to maintenance and division of matrimonial assets. Each of these issues is vital to ensuring the welfare of the family, particularly the children, and financial independence of the parties involved post-divorce.

If you are going through a divorce and need expert legal guidance, our team is here to assist you. Contact us today to learn more about how we can support you through this challenging time and help you achieve a fair resolution.

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Frequently Asked Questions

What is an Ancillary Hearing in a Singapore Divorce?

An ancillary hearing in Singapore divorce is a stage where issues like child custody, maintenance, and division of assets are resolved. It occurs after the Interim Judgment and aims to address matters that the parties cannot agree on.

What does Ancillary mean in Divorce?

Ancillary in divorce refers to hearings that address matters like child custody, maintenance, and division of matrimonial home assets, usually in the second stage of the divorce process. It encompasses various issues beyond the main divorce proceedings.

What assets are split in Divorce in Singapore?

In a divorce in Singapore, assets that may be split include the matrimonial home, cars, insurance policies, businesses, shares, crypto, savings, Central Provident Fund (CPF) balances, jewellery, and even lottery winnings and golf memberships. Make sure to consider these assets when navigating a divorce settlement.

What is the difference between Joint and Sole Custody?

The main difference between joint and sole custody is that joint custody involves both parents sharing decision-making authority, while sole custody is granted when collaboration between parents is deemed harmful or in cases of abuse.

What does 'Care and Control' mean in a divorce?

In a divorce, 'care and control' refers to the parent with whom the child will live with and who is responsible for the child's day-to-day upbringing, including meals and transport. This responsibility involves the child's day-to-day needs and living arrangements.