Dear Diana,

Yes you need to be seperated for at least 2 years, if you want to proceed for a contested petition for divorce, (that is assuming that your husband is not agreeable to a joint petition). However there are exceptions to that rule, whereby a judge may allow a petition to be presented before the 2 years period, however for this instance, you will have to show exceptional circumstances or hardship that u have suffered.

However, before you can proceed for a contested petition for divorce, you first have to apply and obtain a certificate from the Marriage Reconciliation Body. They will call both of you and your husband for 3 times to determine if there is a possibility that the marriage can be reconciled. At the end of the 3rd interview, should they feel that reconciliation is not possible, they will issue a certificate. That certificate is a pre-requisite before filing a contested petition.

My suggestion is that you get started on this process first as sometimes it can take a couple of months before a Certificate is issued.

As to your inquiry on whether you can get custody of your daughter, of course you can apply. The fact that you have been away from her (in my opinion ) may not diminish your chances of gaining custody especially since you have been away trying to seek a better job which would enable you to give a more secure future to your daughter. All these points should be included in your application for custody of your daughter at a future date.

Bhawani Manokaran
Advocate & Solicitor

With reference to Serene Tan's query, in the absence of any order of Court to the contrary, both husband and wife have custodial rights to the child of the family and as such, although the mother deserted the family very early on, she still has a right to have access to the child as was granted by the father. But if she removes the child out of the country, such action may possibly constitute an offence of kidnapping and hence a police report may be made to initiate investigations.

In any event, in this case, the father may lodge a police report as the mother breached the promise to return the child within the agreed time frame but the police may categorize the report as a matter falling within the civil jurisdiction and no further action taken.

It must be borne in mind that there is a rebuttable presumption as pursuant to Sec 88 (3) of the Law Reform [Marriage and Divorce] Act 1976 that custody [ care and control] of a child under the age of 7 should be granted to the mother, which would be a relevant factor for consideration should the mother contest for custody of the child. But the paramount consideration would still be the welfare of the child as pursuant to Sec 88 (2) of the same Act.

Alan Chan Chee Ming
Advocate & Solicitor

A joint petition requires both parties to sign the Petition and in the event one party does not wish to sign a joint petition cannot be filed. The reason why the wife does not want to sign has to be considered.

In the event the wife does not want a divorce a petition by the husband can be filed after obtaining the certificate from the registration Marriage tribunal.

Deborah Kaur
Advocate & Solicitor

Dear Need_advice,

You can go to the Marriage Reconciliation body at the National Registration Department to file for reconciliation.

If reconciliation is not possible the Department will issue a Certificate. With the Certificate you will have to see a lawyer to file the Petition for Divorce in Court.

In respect of the child, you can seek for maintenance before filing the Petition for Divorce. This would be one of the reliefs sought in the Petition.

You would have to consider issues of custody of the child and property rights, if there is any property involved.

Deborah Kaur
Advocate & Solicitor