Family and Matrimonial Matters
As a commercial disputes lawyer with overlapping strengths in a broad range of corporate, commercial, financial and chancery disputes, Timothy Ng is well placed to advise and act for high net worth individuals in ancillary matters such as division of matrimonial assets and maintenance. These often involve multifaceted and complex disputes in the aftermath of the divorce. For instance, both spouses may also be fellow shareholders, directors of family companies or fellow trustees of various trusts and would require bespoke advice on entanglement and disengagement from the companies and/or trusts in addition to the marriage.
We understand that the process of divorce, dealing with ancillary matters and disputes with family members can be stressful and unpleasant for parties. Every case is unique and our lawyers are trained to appreciate and navigate both the legal and non-legal complexities and nuances in each case, to assist clients to achieve their desired outcomes effectively and with sensitivity.
We are able to advise and assist clients in both contentious and non-contentious matters including but not limited to the following:
A) Annulment, Divorce and Judicial Separation
Annulment: Where a marriage is annulled, parties are thereafter deemed to be single instead of divorced. In other words, in the eyes of the law, parties are deemed to have never been married.
Divorce: When a couple is divorced, the marriage is legally terminated. Parties often have to deal with other divorce-related ancillary matters, e.g. custody, care and control of the children of the marriage, maintenance and division of matrimonial assets.
Judicial Separation: For various reasons, parties may wish to remain legally married to each other even though the marriage has broken down irretrievably. Where the Court grants a judgment of judicial separation, the parties are legally separated but not divorced – they do not have to live together but cannot legally marry another person. In a judicial separation, parties may seek Court orders in respect of ancillary matters similar to those in a divorce.
B) Spousal Maintenance and Division of Assets
We have helped clients based in Singapore and overseas to handle matrimonial disputes involving assets worth up to a hundred million dollars. Our experience in shareholders’ disputes and trust matters bolsters our capabilities in handling complex disputes where the relationships between parties extend beyond familial ties and into the corporate/ business spheres.
C) Matters relating to Children
– Custody, care and control, and access to children
– Maintenance of children
– Relocation of children
– Protection Orders
D) Maintenance of Parents
Parents may in certain circumstances obtain a Court order to compel their children to pay for their maintenance. We are able to provide legal advice on the law in this area and assist clients in drafting the relevant documents for proceedings under the Maintenance of Parents Act (Cap. 167B).
E) Personal Protection and Domestic Exclusion Orders
Personal Protection Orders (“PPO”): A court order restraining the person against whom the order is made from using family violence against a family member
Domestic Exclusion Order (“DEO”): A court order granting a protected person exclusive occupation of a shared residence or a specified part thereof to the exclusion of the person against whom the order is made.
F) Matters under the Mental Capacity Act (Cap. 177A)
– Lasting Power of Attorney
– Appointment of Deputies
– Breaches of any provision in the Mental Capacity Act
G) Mediation and Settlement Agreements
Many disputes can be resolved without going through a long-drawn court process. Parties are at liberty to settle disputes amicably at any time, through other forms of dispute resolution such as negotiation and mediation. It is often helpful to be assisted by lawyers even for out-of-court settlements, to ensure that your rights are protected and that settlement agreements are drafted properly.
H) Pre-Nuptial / Post-Nuptial Agreements
Couples may wish to put in writing agreements to provide for various matters in the event of a divorce or separation. This may be done before or after a couple is married. We are able to advise and assist in drafting such agreements to ensure that the agreements reflect parties’ intentions and comply with Singapore law.
I) Is there an existing Court order for your matter?
Parties may apply to Court to vary, suspend, rescind or revoke existing Court orders on grounds such as material change in circumstances. We have successfully represented a client based in Indonesia in rescinding an order made by the Singapore Courts for maintenance of his ex-wife.
J) Wills and Probate Disputes
We have acted for clients in both contentious and non-contentious matters in relation to wills and probate. Read more here.