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ExpatSingapore Message Board 28 May 2012, 8:00:00 am *
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Author Topic: Separation/Divorce under Australia Law  (Read 2705 times)
Torn_In_Between
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« on: 27 October 2011, 10:56:27 am »
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I am a Singaporean female married to an Australian man. Our marriage is not working out and decided to our separate way.

Marriage is done in Singapore and we have a few months old baby who is also born here.

I've seek a local lawyer, the separation takes 3 years before proceeding to a divorce. However, the father of the child decided to do it in Australia as he said a divorce can be granted in 12 months.

I need some clarifications:-
1)  Under Australia Law, will I lose the custody of the child? What are the reasons which will lead to me losing the custody of the child?
2)  I do not want anything from the father as I am a working mum. Does he still need to pay for child support and alimony?
3)  Currently he is trying to apply AUS passport for the baby who has a SG passport. Do I need to sign on those documents? Can I refuse to sign?
4) He has a house in Aus and my lawyer said if he were to apply divorce under the Aus Law, I can claim the house or half of what it's worth and keep it for child's education. Is this possible? And take too long as I want it to be as hassle-free divorce as possible.

Thank you.
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ExpatSingapore Message Board
« on: 27 October 2011, 10:56:27 am »
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P.O.D.
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« Reply #1 on: 27 October 2011, 11:19:10 am »
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The first piece of advice I'd give you is to be very wary of what lawyers tell you.  Angry
Lawyers are only interested in litigation and Court fees.
They are trained to seamlessly move an amicable separation into a long drawn-out divisive, bitter, acrimonious divorce which will leave both parties hurt and broke.
Lawyers will indeed pursue your husband's property, at your expense, knowing it is a futile pursuit.
Not all divorces are the fault of one or even both parties; no one has to be punished.
Lawyers pursue division, not a harmonious settlement and this may hurt your child.

You sound young and perhaps have not lived in Australia so I would not pursue your husband's home. He can dispose of it and it would be expensive to pursue and only benefit your lawyer; this is your lawyers bread and butter.

You sound quite independent so agree to an allowance for your child and one which includes future education. I imagine your husband will want to be part of his child's life. The Australian passport is very important but I understand Singapore prohibits dual passports which is restrictive.
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Torn_In_Between
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« Reply #2 on: 27 October 2011, 11:45:46 am »
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Thanks for the advice, P.O.D.

Both husband and I are not young but moving to take this step of divorce is due to big gap in personality which I find it mentality and emotionally draining.

It was never because of money that we got married. Hence, when we decided to take this move, all I want is to settle this as soon as possible without dragging. Of course I will accept whatever that's deem for my daughter (e.g. child support) or anything which is for her. I only go to Australia for holiday - have not really live there.

My main concern is will I lose the custody of the child (the father claim that he probably will get it)? The father is self employed and he is 20 years older than me. We do not possess any asset in SG except a rented condo which the father is paying the rent.

I just want to move on with my life.
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yeah yeah yeah
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« Reply #3 on: 27 October 2011, 15:26:44 pm »
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For someone who does not want anything from the father you are certainly asking a lot of questions on how to do it...
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Torn_In_Between
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« Reply #4 on: 27 October 2011, 15:35:13 pm »
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May I know what is wrong of me in finding out if I will lose the custody of the baby? He is everything to me.
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knowledge is power
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« Reply #5 on: 27 October 2011, 16:13:28 pm »
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Very sorry to hear about your situation, OP.  But you sound reasonable and that's always good first sign for moving on.

First off, are you wanting sole custody? Is that your primary concern?

If so, I think Singapore might be more inclined to grant that. I get the impression Singapore favors the mother for a young child's needs. If you file in Australia, it's likely more in favour of your (ex) husband since he's Australian, and you're not. Also, he's likely to have more contacts that you groping in the dark because you'd also need an Australian lawyer.

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I need some clarifications:-
1)  Under Australia Law, will I lose the custody of the child? What are the reasons which will lead to me losing the custody of the child?
I don't know about Aust law, but it's likely joint-custody. For some reason, judges and courts think this is a feasible healthy option which will not produce psychological basket cases. I wonder, because if parents were so on the same page in the first place and able to communicate well, why would they head for divorce?
If the parents have different parenting styles, cannot communicate, agree or compromise, and have other vested interests in wanting custody, this arrangement is a doomed failure.
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2)  I do not want anything from the father as I am a working mum. Does he still need to pay for child support and alimony?
Alimony is for you. That is your choice to take, or not take.
Child support is something he should be paying, as this is his duty as a responsible father. Whether it will be regularly consistent on not, is really up to the individual's conscience and sense of committed responsibility.

An example: circumstances change, he may meet someone else, and this monetary may be seen a burden.

Though really if you really want sole custody and to be "hassle-free". taking his money can be a tussle between you and a source of control leverage for the father. It really depends on whether he sincerely cares for this child, or if custody is really a masked power struggle. In that case, make a clean break. It's much easier for parenting and your future sanity.

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3)  Currently he is trying to apply AUS passport for the baby who has a SG passport. Do I need to sign on those documents? Can I refuse to sign?
Ever ask WHY? (I think you have a right to refuse to sign).

SG is more likely to favor you legally. As a Singapore citizen, and because your male child holds the SG passport too. Australia is more likely to be interested in protecting this child, once he holds an Australian passport. Do you really want to go there?

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4) He has a house in Aus and my lawyer said if he were to apply divorce under the Aus Law, I can claim the house or half of what it's worth and keep it for child's education. Is this possible? And take too long as I want it to be as hassle-free divorce as possible.

If you want a "hassle-free" quick divorce, and you're entirely financially independent yourself, I'd say don't bother fighting for his house. But, it's not a lost cause. You can use this as leverage for negotitiation.
If his assets matter more to him, he may be willing to give up custody rights to his child. You can opt not to sue for half his assets and ask him (in writing) to give up all rights to joint custody. In return, negotiate. People are more likely to buy in, if the deal is sweet for them too. Perhaps you'd be willing for holiday visitations for your child to Australia, on his expense?

Best of Luck. Only you know who you're dealing with. Above are my opinions only.
Also, a word of caution. are you certain your (ex) husband will not come on this board? Your cards are transparently displayed when you ask your questions here on a public forum.

Grab a good lawyer who is not just educated in local Singapore law. Know what you stand to gain by filing in Singapore vs Australia. Know what you're willing to give up.
Also, learn to read between the lines when advice is dispensed. Be aware of the lawyer's own self-serving agenda.  As POD has mentioned, a divorce lawyer's bottom-line is really his fees and what he stands to gain with easy resolution vs trial. It's not about ethics or doling justice. They're good at sizing up how much there is at stake in the honey pot.

It's like buying a house, with multiple competitors. As with house buying, divorce is a situation which plays on emotions, reactions and vulnerablity. If you do not stay wise, calm and rational; with pot-stirring lawyers playing with emotions and reactions on both sides, a simple process can escalate into a complicated circus.




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Hold on a mo'...
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« Reply #6 on: 27 October 2011, 16:23:50 pm »
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Is this a male or female child"

"Of course I will accept whatever that's deem for my daughter (e.g. child support) or anything which is for her."

and

"May I know what is wrong of me in finding out if I will lose the custody of the baby? He is everything to me."

The child was born in Singapore to a Singaporean mother and holds a Singaporean passport. 

Don't sign the passport forms.

This has to be a wind up.



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Torn_In_Between
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« Reply #7 on: 27 October 2011, 16:37:18 pm »
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Thanks, knowledge is power for your time and explanation

I tried to find a lawyer in Singapore who knows Australia law but seems like I need to engage one in Australia as none of my friend can recommend any. Hope I do not get a big bill at the end of the whole episode.

I want to do it in Singapore but the father wants to file it in Australia as he said it will only take 12 months to end it. Not sure if this is true.

My baby is a girl; there's a typo on my side. Sorry.

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Clematis
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« Reply #8 on: 27 October 2011, 16:40:22 pm »
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Don't sign the passport forms. If he takes your child back to Australia you will have a very hard time getting her back.

I second the PPs who suggest the Singapore option. It may take longer, but I would imagine that you are more likely to gain custody of the child.

Good luck
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Don't be bullied
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« Reply #9 on: 27 October 2011, 17:03:06 pm »
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Let him file, pay for court actions and don't sign passport applications.

I think it would be more complicated than that given the child is a Singaporean citizen - giving that up would surely need to consent of the mother?

Possibly a free option is to check with ICA or someone similar and ask what is required should you ever decide for your child to become an Australian.
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Passport
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« Reply #10 on: 27 October 2011, 17:14:59 pm »
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A passport application requires the consent of BOTH parents unless one party has been awarded sole custody by a court.  Don't worry, your soon-to-be ex cannot simply change your child's nationality unless you agree.

Singapore will not award your husband sole custody unless he can prove that you are either a criminal, mentally ill or a drug addict.  It is most likely that they would order some form of joint custody arrangement.  It's clear that your main concern is for your child and I'm sure that many of us sympathize with your circumstances - it can't be easy but regardless of what threats he is currently making, rest assured that your ex cannot simply take your child from you.

Good Luck!
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P.O.D.
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« Reply #11 on: 27 October 2011, 17:48:47 pm »
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OP, keep the relationship amicable, friendly. Its your child who will suffer it you allow it to become acrimonious.
I very must doubt he could take custody of the child. This usually goes to the mother and as I mentioned if he took his child to Australia he could only keep the child there for a limited time unless the child has an Australian passport and this would require relinquishing the Singaporean passport. I don't believe any Court has that right. So I doubt custody will be an issue unless he resettles in Singapore. However talk to him, not a lawyer. You can give your child the best, rather than the worst, of both worlds.
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sparkling
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« Reply #12 on: 27 October 2011, 20:22:41 pm »
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Please note that a minor can have more than one citizenship, including a Singaporean citizenaship.

Upon reaching adulthood (21 yrs), other citizenships will have to be relinquished if the party wants to remain a SG citizen.

For a girl, there is no NS issue.
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yeah yeah yeah
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« Reply #13 on: 28 October 2011, 9:17:53 am »
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May I know what is wrong of me in finding out if I will lose the custody of the baby? He is everything to me.

Well, it was you who mentioned the alimony...
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yes but
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« Reply #14 on: 28 October 2011, 9:20:51 am »
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OP, keep the relationship amicable, friendly. Its your child who will suffer it you allow it to become acrimonious.

Easier said than done. One hand alone cannot clap. It just means you get eaten alive while playing fair and above board, if dealing with a vicious party.
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