Divorce : CHILD(REN) / SPOUSAL MATTERS
Parental Authority/Child Custody
In Singapore, the Family Justice Act and the Children’s Act govern matters related to parental authority and child custody. Since amendments to family law, shared parental responsibility has become the norm – this ensures that both parents continue to have a role in major decisions concerning their children, even after divorce. This includes decisions about the child’s place of residence, education, and overall well-being.
If parents cannot agree on custody arrangements, the court will decide based on the child’s best interests. Various factors will be considered by the court, such as the child’s needs, the parents’ ability to provide for the child, and the existing family dynamics.
Spousal maintenance
Under Singapore’s Women’s Charter, if one spouse is unable to support themselves reasonably after divorce, the other spouse may be required to provide financial support. The court considers various factors when determining the amount and duration of spousal maintenance, including the length of the marriage, the standard of living during the marriage, the age and health of both spouses, their incomes and assets, and the potential for the less-well-off spouse to become self-sufficient.
For example, if one spouse dedicated themselves to raising children and is now facing financial difficulties, they may be awarded maintenance. Conversely, if the marriage was short and both parties can support themselves, maintenance may not be awarded.
Child maintenance
In Singapore, both parents are legally obligated to provide financial support for their children until they reach adulthood, and possibly beyond if the child is still in education or training. The amount of child maintenance is calculated based on the child’s needs, the cost of education, and any loss of income incurred by the parent providing care. The aim is to ensure that the child’s standard of living is maintained, and their well-being is secured.
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