How to Apply for Maintenance in Singapore: A Guide for Divorcing Couples

Divorce in Singapore can be a complex process, especially when it comes to crucial financial considerations like maintenance. This comprehensive guide will help you understand maintenance in a divorce, debunk common myths, and walk you through the steps of applying for maintenance in Singapore. Maintenance ensures financial support for dependent spouses and children, making it a critical aspect of divorce proceedings.

Child maintenance in Singapore is particularly important, as it involves legal obligations under the Women’s Charter to provide for the financial needs of children based on various factors such as the parents’ earning capacities.

Understanding Maintenance in Singapore

Maintenance is financial support provided to a spouse, child, or incapacitated husband after a divorce. In Singapore, it’s governed by the Women’s Charter, which stipulates that:

• Wives (including ex-wives) and children have the right to claim maintenance.
• Incapacitated husbands may also claim maintenance in certain circumstances.
• The court considers various factors when determining maintenance amounts.

For more detailed information, you can refer to Section 69 of the Women’s Charter here.

Now, you’re divorced or in the middle of a divorce and thinking about applying for maintenance? It’s essential to understand the process and requirements to ensure you get the support you need. Whether you’re just starting the divorce process or have already received your decree nisi, you can begin your application for maintenance through the Integrated Family Application Management System (iFAMS).

Steps to Apply for Maintenance

Step 1: Filing the Application

To apply for maintenance, you need to file an application called a Magistrate’s Complaint through the Integrated Family Application Management System (iFAMS) at the Family Justice Courts. This application establishes the legal obligation for maintenance as defined by family law.

Required documents include:

• Your Identity Card or Passport
• A photocopy of your Marriage Certificate
• Proof of income (e.g., employment contract, payslips, CPF statements, etc)
• List of monthly expenses (e.g. grocery bills, utility bills, housing costs, transportation costs, childcare/educational costs, etc)
• Any other relevant supporting documents (e.g., bank statements, tax returns, medical reports and expenses, insurance policies, etc)

You can submit your application online via iFAMS. This system allows you to prepare and submit your application without needing to visit the Family Justice Courts in person. However, if you prefer or encounter any issues, you can also make a trip to the Family Justice Courts for assistance.

Step 2: Mediation and Court Mentions

After filing, you may be directed to attend mediation. If an agreement isn’t reached, the case proceeds to Court mentions where a judge provides directions for case preparation.

Court mentions are brief sessions where a judge reviews case status, provides directions, and sets future dates. They ensure case progression and address preliminary issues before trial.

You can read more about Court mentions for maintenance on the SG Courts website here.

Step 3: Court Hearing

If mediation fails, a court hearing is scheduled. The judge will consider all evidence before making a decision on the maintenance application.

So, mediation didn’t work out and you’re headed to Court. Don’t worry, it happens! But before we dive into the hearing, there’s an important form you need to know about – the ETS (E-Template Statement) Form. Let’s break it down.

Maintenance - What is an ETS Form?

The E-Template Statement (ETS) is essential and compulsory for maintenance applications, providing a clear financial overview to the court. It serves as your written statement, detailing your financial situation and maintenance claims.

Submitting a well-prepared ETS form via iFAMS before your trial begins can help streamline the court process.

Key Points:

• Mandatory for All Applications:
• It’s required for fresh maintenance applications and enforce/variation/suspension/rescission applications. Both applicants and respondents (i.e. divorcing spouses) must complete it.
• Preparation and Submission:
• Takes about 30 minutes to fill out.
• Must be prepared before mediation and submitted via iFAMS with supporting documents before trial.
• Content Includes:

1. Personal information
2. Employment details
3. Income and expenses
4. Assets and liabilities
5. Financial Resources
6. Reasons for the maintenance request or variation

Benefits:

• Streamlines the Case:
• Offers a comprehensive financial picture.
• Assists the court in understanding maintenance needs or payment abilities.
• Can expedite the resolution process.

Accuracy is crucial, as the court relies heavily on the ETS during hearings. Proper completion ensures your maintenance application is processed efficiently.

Factors Affecting Maintenance Decisions

Now that you understand the importance of the ETS form, let’s dive into what really matters when the Court makes its decision.

>“Ever Wondered How Judges Determine How Much Maintenance is to be Provided?”

Well, here’s the 🔎“inside scoop” on the factors they consider:

• Financial needs and obligations of both parties, including reasonable maintenance
• Earning capacity and income of both parties
• Standard of living during the marriage
• Age and health of both parties, including any physical or mental disability
• Duration of the marriage
• Contributions to the family (both financial and non-financial)

Common Misconceptions and Scenarios

Let’s tackle some common myths about maintenance that often confuse divorcing couples. You might be surprised by what’s fact and what’s fiction!

At Guardian Law, we’ve carefully chosen and compiled a list of myths and misconceptions, along with answers to common scenarios and questions we frequently encounter in our experience. Let’s dive in and clear things up!

Common Myths:

❓Myth 1: The wife always gets maintenance.

✔️Reality: The court doesn’t automatically award maintenance to wives. If she’s financially independent or earns more than her husband, she might not receive any maintenance at all. Additionally, the court does not automatically order nominal maintenance; the wife must provide valid reasons for such an order.

❓Myth 2: Maintenance is a lifelong entitlement.

✔️Reality: Maintenance isn’t forever. It can be varied or terminated if circumstances change, like if the receiving spouse remarries or becomes financially stable.

❓Myth 3: Only wives can claim maintenance.

✔️Reality: While it’s less common, incapacitated husbands can also claim maintenance from their wives if they meet specific criteria.

Common Scenarios:

How is Maintenance Typically Paid?

Maintenance can be paid as a lump sum or through periodic payments, depending on the court’s decision and the parties’ circumstances.

How Long Do Maintenance Payments Last?

The duration varies based on factors such as the recipient’s ability to become financially independent and the specific terms set by the court.

What Happens if the Husband Loses His Job?

If the husband loses his job, he can apply to the court to vary the maintenance order. The court will consider the new financial situation and may adjust the maintenance amount accordingly.

Can Maintenance Be Backdated?

Yes, the court has the discretion to backdate maintenance payments to the date of application or another relevant date, with a limit of up to 3 years.

What if the Respondent Fails to Pay Maintenance?

If the respondent fails to pay maintenance, provided that a maintenance order exists, the applicant can file for enforcement. The court may impose penalties, including fines or imprisonment, to ensure compliance.

Child Maintenance in Singapore

Child maintenance is a crucial aspect of divorce proceedings in Singapore, often more contentious than spousal maintenance due to its direct impact on the child’s welfare and future. Unlike spousal maintenance, which may be time-limited or cease upon remarriage, child maintenance is an ongoing obligation and typically continues until the child reaches the age of 21 years old.

Legal Obligation to Pay Reasonable Maintenance for Children

Parents have a legal obligation to pay reasonable maintenance for their children, both during marriage and after divorce or remarriage. This responsibility is fundamental and continues regardless of the parents’ marital status or custody arrangements.

Reasonable Financial Support as Mandated by the Women’s Charter

The Women’s Charter mandates parents to provide reasonable financial support to their children until they are 21 years old. This obligation applies to both parents, regardless of whether they have custody or care and control of the child.

Key Points About Child Maintenance

1. During Marriage

   Even in intact marriages, if a parent neglects to provide reasonable maintenance for their child, the other parent can apply to the court for a maintenance order.

2. After Divorce

   The obligation continues after divorce, and the court will determine the amount of maintenance based on various factors.

3. Extension Beyond 21 Years

   Maintenance may be extended beyond 21 years in certain cases, such as for children with disabilities or those pursuing further education.

4. Factors Considered by the Court

• Financial Needs of the Child: The court assesses the child’s basic needs, including education, healthcare, and daily living expenses.
• Standard of Living: The court considers the standard of living the child was accustomed to before the parents’ separation.
• Income and Earning Capacity: The financial status and earning capacity of both parents are evaluated.
• Disability: Any physical or mental disability of the child is taken into account.

5. Variation of Orders

   Either parent can apply to vary the maintenance order if there’s a significant change in circumstances, such as a change in income or the needs of the child.

6. Enforcement

   If a parent fails to pay court-ordered maintenance, the other parent can apply for enforcement. This may result in various penalties, including fines or imprisonment.

These key points outline the critical aspects of child maintenance, ensuring that the child’s welfare is prioritised both during and after the parents’ relationship.

How Guardian Law Can Help Your Maintenance Application

At Guardian Law, we specialise in family law matters, including maintenance applications.

Our team can:

• Guide you through the complex application process
• Represent you in court proceedings
• Negotiate fair maintenance terms
• Ensure your rights and interests are protected
• Handle cases involving mental disability to ensure adequate financial support

Don’t navigate this challenging process alone. Reach out to us at Guardian Law today for assistance with your maintenance application and other divorce-related matters.

Conclusion

Maintenance in Singapore isn’t just about numbers – it’s about ensuring fairness and financial stability after a divorce. While the process can seem daunting, understanding your rights and obligations is the first step towards a smoother transition.

Remember, every case is unique. What worked for your friend’s divorce might not apply to yours. That’s why it’s crucial to get personalised advice from experienced professionals - book a consultation with us today. Let’s work together to secure the financial future you deserve!

Need Help?

Are you considering applying for maintenance or need guidance on your next steps? Our team at Guardian Law is here to assist you. Feel free to reach out to us through any of the following channels:

Contact us here or Whatsapp us and we will get back to you within 1 working day.

We are here to help!

Frequently Asked Questions

Who can apply for maintenance in Singapore?

Wives, children, and incapacitated husbands can apply for maintenance.

How do I file for maintenance in Singapore?

File an application through the Integrated Family Application Management System (iFAMS) at the Family Justice Courts.

What is the ETS form in maintenance applications?

The ETS (E-Template Statement) form provides financial details and is required for both fresh applications and variations.

Can maintenance orders be changed after they're issued?

Yes, either party can apply to vary the order if there are significant changes in circumstances.

What happens if the respondent fails to pay maintenance?

The applicant can file for enforcement, and the court may impose penalties, including fines or imprisonment.

Does remarriage affect maintenance payments?

Generally, maintenance for an ex-spouse stops upon their remarriage, but child maintenance continues regardless of marital status.

Can maintenance be backdated in Singapore?

Yes, the court has the discretion to backdate maintenance payments to the date of application or another relevant date.

What factors does the court consider when deciding maintenance amounts?

The court considers financial needs, earning capacity, standard of living during marriage, age, health, and contributions to the family.