Family Law Practice In Singapore
Family Law In Singapore
Family legal troubles are not uncommon in Singapore. As much as possible, conflicts and issues between family members should be resolved without the interference of the law, but there are times that it is just necessary. Divorce is just one example of an issue that needs the interference of the court. There are many other cases that also need to be filed in court. Family Law in Singapore encompasses all domestic issues involving the members of the family.
Family court, a subordinate court in the Singapore legal system, was set up in March 1995 as a specialised forum for legal family-related disputes. It handles domestic cases including divorce, nullity and judicial separation of marriage, division of matrimonial assets, personal protection orders, spousal and child maintenance, child custody, and adoption proceedings.
The law seeks to preserve family connections and strengthen the ties that bind them, as well as protect the family obligations. Family obligations include the financial duties and emotional support of a person to his or her spouse, of parents to their child and vice versa, and of everyone else to their family members.
Syariah Court Applicability In Singapore Family Law
Although many laws in Singapore are based on Commonwealth law, there are provisions that are unique and especially tailored to fit the culture of the Asian country. Singapore family court also gains enforcement of Syariah Court Orders to protect the rights of Muslims.
The Syariah Court encompasses matrimonial matters, such as divorce and nullity of marriage, breach of contract of betrothal, maintenance, and the presumption of a spouse’s death after a certain period of time. It only possesses jurisdiction if both parties are Muslims or if they were married under the provisions of Muslim law. If neither of the conditions is met, then the case should be referred to the civil courts.
On issues of custody and access to children, as well as division of matrimonial assets, the Syariah Court can only make orders on such concerns if its jurisdiction has been invoked through divorce application of the parties.