Matrimonial & Family Disputes
It is a privilege that our clients allow us into their personal lives and entrust us with their family matters, which may involve matrimonial, estate disputes and planning, succession matters, and/or family disputes that spill into the civil courts. It is a privilege that we do not take lightly.
We see each matter entrusted to us as a means of working with the client to achieve best outcomes, given the applicable factual matrix.
We believe that fighting each other in court is not always the most desired way to achieve those best outcomes. The fact of the matter is that every family is different and may sometimes require other methods to achieve intended goals.
We have the extensive experience and mindset in the area of matrimonial and family disputes. Specific areas we can help with include:
Mediation of Family Disputes
Mediation of Family Disputes is the process of resolving family conflicts outside the court without the involvement of the authorities. Mediation requires skills and a certain mindset to supervise the resolution process, creating conducive conditions for negotiations to take place. The goal is to identify the positions and interests of the disputing parties, and generate viable options to bridge the gaps between the disputing parties. Generating win-win options facilitates communication between disputing family members in a safe environment where each party’s voice is heard, without judgment. Mutual agreements can be reached in all manner of family disputes like divorce, child support & child custody, wife or spouse maintenance, distribution of assets and property settlements.
Though highly experienced in family law environments, the mediator does not offer legal advice, but will ensure that solutions proposed are within the scope of the law and to the best interests of the parties involved.
Divorce (Acrimonious Divorce & Asset Tracing)
Divorce is the termination of a marriage. It is rarely easy, but more so if it’s a contested or acrimonious one. When one or both parties retain deep rooted resentment and/or hurt such that communication and negotiation is difficult or impossible, an attorney / legal counsel can assist to make the contested divorce process easier to bear. If not handled sensitively, the contested divorce proceedings can and will become more aggravated. Sensitive handling of contested divorce proceedings make for good outcomes with the least pain and trauma.
Where the dispute is in respect of asset division, and there are conflicting positions, we will meticulously trace the assets so that undisclosed assets can be brought to light and matrimonial assets that have been diverted can be accounted for.
Legal counsel is particularly beneficial when addressing ancillary matters such as child custody and support, asset tracing or division, and wife or spouse maintenance (known as alimony in some jurisdictions).
Custody and Child Support
Child custody is one of the most disputed issues in a divorce. When both parents profess and feel that only they can provide the best environment for the child, we ensure that the child’s interests are always the top priority, and then assist the Client to obtain the outcome that is sought. Again, sensitive handling of contested Child custody, care and control and access issues is crucial. We work closely with our client and listen with the heart, so that we can assist to persuade the Court that our client’s proposals would work best for the child.
In terms of Maintenance or child support in Singapore, the parents of a child, whether divorced or not, have an obligation to support their child financially until the age of 21. Maintenance is also possible for a child over the age of 21, under certain circumstances as provided under the Women’s Charter. The attorney / legal counsel can help parents decide how to divide and manage maintenance / child support.
Personal Protection Orders
A Personal Protection Order (PPO) is a court order to provide statutory protection for the applicant against family violence and abuse, along with an Expedited Order (EO) and Domestic Exclusion Order (DEO). The abuse is not confined to physical abuse only. The suite of Court Orders available protects the applicant and or the children of the marriage from all forms of abuse, including verbal, emotional, psychological abuse and sexual harassment. In an appropriate case, the relevant authority may also intervene.
In Singapore, a PPO is available to every citizen regardless of gender or religion. As per the Women’s Charter, an application can also be made on behalf of a minor or an incapacitated person. Legal representation is not required when applying for or even defending against a PPO, but it will be beneficial if you have legal advice or representation especially if a court hearing is imminent.
Maintenance Orders & Financial Settlement
Divorce and annulment in Singapore usually entail negotiations for financial settlements and spouse and child maintenance orders. Both the husband and wife can each be ordered to provide financial support for their spouse and dependent children while still being married and during the divorce or annulment proceedings, AND after it has been finalized. Following the settlement, the judge may also order the maintenance ordered to be payable to be paid in lump sum or on a monthly basis. Factors that may affect the terms of the maintenance order include the financial needs of the spouse or the child, both spouses’ individual incomes, and the duration of the marriage.
Division of Family Assets
Whether applying for a divorce, annulment or separation in Singapore, the division of family assets is often a sensitive and emotional affair. Family assets refer to properties owned by one or both the spouses which are used for a family purpose or acquired during the marriage. These include the matrimonial home, bank accounts, investments, the cars and even furniture. With the division of family assets, the goal of the court is to ensure that the order will be fair and equitable for both parties. Proportions are decided based on factors such as the direct and indirect financial contributions of each party to the asset in question. The provisions and or agreement made by the parties in the prenuptial agreement are also relevant. We provide the legal assistance which can be advantageous to prevent conflicts between the parties, facilitate effective communication and reach a resolution.
Our team at PY Legal is highly trained and experienced to provide family law services to explore solutions for matrimonial and family disputes, covering issues such as divorce, child custody, personal protection orders, ancillary matters and more. Contact us at (65) 6225-4155 to book an appointment.