a. What is the ground of divorce?
You and and your spouse must agree on who is to file for divorce (this person is called the plaintiff) and the cause of the divorce. Is the divorce based on the other party’s unreasonable behaviour, adultery, desertion or have you and your spouse been separated for at least 3 years?
b. Custody of children
You and your spouse must agree on who will the children will live with. If your children are to live with you, it means that you have “care and control”. You have the right to make daily living decisions for the children.
Next, your spouse and you must agree on how much access the other spouse will have to the children. Is it twice a week? Is it reasonable, supervised or liberal access?
Both parties should also agree on whether they both will have joint custody of the children. Having “joint custody” means both parties must agree on the major issues of children education, hospitalisation and choice of religion. The norm in Singapore is to have “joint custody”.
c. Division of assets
If you and your spouse have a matrimonial home, it has to be dealt with. There are several options when it comes to dealing with your matrimonial home. Simple Divorce outlines the options below:
- sale of the matrimonial property in open market.
- husband purchases the matrimonial home from the wife.
- wife purchases the matrimonial home from the husband.
- the matrimonial home is transferred to one party.
There are two types of maintenance to consider – the wife’s maintenance and the children’s maintenance. You and your spouse must also agree on who is to pay the children’s monthly maintenance and the amount of such maintenance. If the wife is not working or does not earn much, there should also be a consensus on whether and how much the husband pays wife maintenance.