Divorce: Getting the Right Advice

Breaking up is hard to do! But an expat divorce abroad adds an extra level of complexity. Here, legal experts walk us through the divorce process for expats in Singapore.

- PATRICEA CHOW

Considering jurisdictions for divorce

SARAH-MAE THOMAS, Managing Director of family law firm Sarah-Mae Thomas LLC, is dually qualified in the Australian state of Victoria and in Singapore. She has a breadth of experience spanning over ten years in managing affairs ranging from wills, probate and estate planning to guardianship, custody, and divorce for local and international families.

“When it comes to expat divorce, the trendy term ‘jurisdiction-shopping’ is often misunderstood,” Sarah-Mae explains. “It’s important not to get swayed by perceived quick wins a particular jurisdiction may offer,” she cautions. “Instead, expatriate couples should consider factors like their long-term plans, children’s education plans and where they have a better support system.”

In addition, certain jurisdictions impose residency requirements on their citizens and residents before they can divorce. Sarah-Mae points out that expats who are long-term residents in Singapore might find themselves ineligible to file for divorce in their home country after all.

The first consideration when choosing a jurisdiction is feasibility. “It should be convenient to meet lawyers, sign documents, and make physical appearances in Court.” If the couple chooses to remain here for their careers and the children’s education, then Singapore would be the sensible jurisdiction, so long as they meet the three-year habitual residency criteria or one of the spouses is Singaporean/PR.

“However, in instances where the family intends to return to their home country after divorce, the home country could be the sensible jurisdiction,” says Sarah-Mae. Agreeing on the children’s education plan can save a divorcing couple financial and emotional stress.