Frequently Asked Questions
What should I expect from a consultation with a lawyer?
Consulting a lawyer for your legal matters might be an intimidating experience, especially when you are uncertain of what is to be expected. First of all, you should bear in mind that a lawyer is there to help you with the legalities of your case, and it is therefore pertinent that you relate all the facts of your case so that he or she is able to properly establish the strengths and weaknesses of your case. Thereafter, he or she will advise you on the best legal recourse available to you and should you decide to proceed with the advice given, the lawyer will do his or her best to achieve the desired solutions, as long as they are within the legal framework and do not compromise service of justice in any way.
I intend to file for divorce. What should I be mindful of?
The duration of the marriage is one of the important things which you should consider before divorce proceedings may be commenced. Firstly, you will have to be married for at least three years before a Writ for Divorce may be issued. Subject to the Court’s approval, you may seek for an exception to this rule, but this is only if you can prove that you have suffered exceptional hardship during the course of the marriage. Secondly, both parties must have treated Singapore as your permanent home (domicile) or one party has lived in Singapore for three years immediately before the start of divorce proceedings. It is advisable for you to consult a lawyer for a more detailed explanation as to how the Court defines the terms mentioned.
There is only one ground which is accepted by the Court before divorce may be granted to you, and it is only when you can satisfy the Court that the marriage has broken down irretrievably. There are five factors which prove an irretrievable breakdown of the marriage and they are as follows:-
What happens to my children if my spouse and I wish to divorce?
In divorce proceedings, there are certain factors that the Court will consider when dealing with custody, care and control of children of the marriage as well as maintenance amounts for their upkeep. The welfare of the children of the marriage will be of most paramount concern, and the Court usually accords custody, care and control of the children based on their present living arrangements, availability of means to support the children and various other factors. Most of the time, access will be given to the parent who does not have custody, care and control of the children and its degree varies, unless circumstances cannot provide as such.
There are different types of custody, care and control that may be granted by the Court. For example, you may choose to agree to joint custody, care and control or settle for sole custody, care and control with liberal access to the other party, etc. This will of course depend on the how agreeable parties are between themselves and whether the agreed arrangements would be to the best interests of the children involved.
What are the steps involved in Criminal Court proceedings?
1. What is an Arrest, and what is Bail?
When the police have reasonable grounds to suspect you of committing a serious criminal offence and wishes to take you into custody for further investigations or to charge you in Court, an arrest is carried out. There are various types of offences which can get you arrested and these includes trafficking, possession or consumption of drugs, rape, outraging of modesty, theft, robbery, cheating, criminal breach of trust, rioting and causing serious hurt.
2. How an Arrest is Made
This is done by informing you that you are arrested and by touching or by holding you if you are likely to attempt an escape. In such a case, you will usually be handcuffed. Unless you willingly submit to custody, reasonable force may be used to arrest you. You may ask the officer for his/her official identification and the reason for your arrest.
3. What Happens After You are Arrested
On arrest, you may be searched and brought to a police station for questioning. Pending questioning, you may be detained in a lock-up. You will be required to surrender whatever you have on you. A list of these things will be made and you will be asked to confirm it. A copy of this list will be given to you.
You may be detained for a maximum period of 48 hours from the time of your arrest. If the officer wants to detain you for more than 48 hours, he must bring you to Court. During this period you may be taken out for searches.
In Court, the officer must tell the Judge why he wants to detain you further. The Judge will consider the reason/s given and then decide whether you are to be further detained.
If the police or other officers do not wish to detain you for more than 48 hours they will let you go on a personal promise or put you on police bail to make sure you go back to the station or attend Court when told to do so.
4. Being Charged for an Offence After Arrest
You may be arrested before, during or after investigation. You may be required to give a statement. If the police decide to charge you, they will ask you to sign a cautioned statement asking you to state your defence. If you have a defence, you should always say so in the cautioned statement. Your defence may not be believed if you fail to mention it in the cautioned statement but raise it later at trial.
If you are formally charged, you will be produced in Court. If you are to be charged in Court, your fingerprints may be taken by an officer and you may be photographed at the Criminal Records Office, Criminal Investigation Department (CID). This means that there will be a record of you at the CID.
However, if you are acquitted of the offence in Court or if the charge is withdrawn, you can write to the CID for the return of the record of your fingerprints and negatives.
5. Telling Your Family or Lawyer of Your Arrest
When you are arrested and detained you can request to make a call to your family or a lawyer telling them of your arrest. You may also request visits by your family or a lawyer. These requests may be refused if it will interfere with the investigation carried out by the officers. The law allows you to consult a lawyer of your choice.
What do I need to know before making a Will?
1. What is a Will, and can everyone make a Will?
A Will is a legal document where you can appoint someone whom you trust to manage your affairs and distribute your assets according to your wishes after you pass away. Under your Will, you can also appoint a guardian for any of your children under the age of 21.
Any person, regardless of citizenship, who is above the age of 21 of sound mind and understanding can make a Will.
2. Why should I make a will?
There are many uncertainties in life and regardless of your age, it is always important to ensure that your loved ones are well-taken care of. Making a Will is a simple process, and you need to attend our office for only one appointment for preparation of a simple Will.
If you do not have a Will upon your passing, your estate may not be managed or distributed according to your wishes. There may also be delays and extra costs in the process of distributing your assets if you pass away intestate i.e. without a will and this might put your loved ones at a grave disadvantage.
3. What can I include in my Will?
Under your Will, you can give almost all of your assets both in Singapore and outside of Singapore (depending on the laws of the country) to your intended beneficiaries. However, there are some assets which cannot be covered under the Will, and these include cash and/or shares in CPF accounts and properties held in joint ownership.
4. Do I need a lawyer?
Provided that you are 21 years of age and is of sound mind, you may make your own Will without consulting a lawyer. However, there are certain legal formalities that your Will must comply with. Without consulting a lawyer, there is a possibility that your Will will be rendered invalid. Therefore, it is in your best interests to consult a lawyer who can provide you advice on the drafting of your Will, in accordance with the law.
Consulting a lawyer for your legal matters might be an intimidating experience, especially when you are uncertain of what is to be expected. First of all, you should bear in mind that a lawyer is there to help you with the legalities of your case, and it is therefore pertinent that you relate all the facts of your case so that he or she is able to properly establish the strengths and weaknesses of your case. Thereafter, he or she will advise you on the best legal recourse available to you and should you decide to proceed with the advice given, the lawyer will do his or her best to achieve the desired solutions, as long as they are within the legal framework and do not compromise service of justice in any way.
I intend to file for divorce. What should I be mindful of?
The duration of the marriage is one of the important things which you should consider before divorce proceedings may be commenced. Firstly, you will have to be married for at least three years before a Writ for Divorce may be issued. Subject to the Court’s approval, you may seek for an exception to this rule, but this is only if you can prove that you have suffered exceptional hardship during the course of the marriage. Secondly, both parties must have treated Singapore as your permanent home (domicile) or one party has lived in Singapore for three years immediately before the start of divorce proceedings. It is advisable for you to consult a lawyer for a more detailed explanation as to how the Court defines the terms mentioned.
There is only one ground which is accepted by the Court before divorce may be granted to you, and it is only when you can satisfy the Court that the marriage has broken down irretrievably. There are five factors which prove an irretrievable breakdown of the marriage and they are as follows:-
- unreasonable behaviour;
- adultery;
- desertion;
- separation for three years with consent; or
- separation for four years.
What happens to my children if my spouse and I wish to divorce?
In divorce proceedings, there are certain factors that the Court will consider when dealing with custody, care and control of children of the marriage as well as maintenance amounts for their upkeep. The welfare of the children of the marriage will be of most paramount concern, and the Court usually accords custody, care and control of the children based on their present living arrangements, availability of means to support the children and various other factors. Most of the time, access will be given to the parent who does not have custody, care and control of the children and its degree varies, unless circumstances cannot provide as such.
There are different types of custody, care and control that may be granted by the Court. For example, you may choose to agree to joint custody, care and control or settle for sole custody, care and control with liberal access to the other party, etc. This will of course depend on the how agreeable parties are between themselves and whether the agreed arrangements would be to the best interests of the children involved.
What are the steps involved in Criminal Court proceedings?
1. What is an Arrest, and what is Bail?
When the police have reasonable grounds to suspect you of committing a serious criminal offence and wishes to take you into custody for further investigations or to charge you in Court, an arrest is carried out. There are various types of offences which can get you arrested and these includes trafficking, possession or consumption of drugs, rape, outraging of modesty, theft, robbery, cheating, criminal breach of trust, rioting and causing serious hurt.
2. How an Arrest is Made
This is done by informing you that you are arrested and by touching or by holding you if you are likely to attempt an escape. In such a case, you will usually be handcuffed. Unless you willingly submit to custody, reasonable force may be used to arrest you. You may ask the officer for his/her official identification and the reason for your arrest.
3. What Happens After You are Arrested
On arrest, you may be searched and brought to a police station for questioning. Pending questioning, you may be detained in a lock-up. You will be required to surrender whatever you have on you. A list of these things will be made and you will be asked to confirm it. A copy of this list will be given to you.
You may be detained for a maximum period of 48 hours from the time of your arrest. If the officer wants to detain you for more than 48 hours, he must bring you to Court. During this period you may be taken out for searches.
In Court, the officer must tell the Judge why he wants to detain you further. The Judge will consider the reason/s given and then decide whether you are to be further detained.
If the police or other officers do not wish to detain you for more than 48 hours they will let you go on a personal promise or put you on police bail to make sure you go back to the station or attend Court when told to do so.
4. Being Charged for an Offence After Arrest
You may be arrested before, during or after investigation. You may be required to give a statement. If the police decide to charge you, they will ask you to sign a cautioned statement asking you to state your defence. If you have a defence, you should always say so in the cautioned statement. Your defence may not be believed if you fail to mention it in the cautioned statement but raise it later at trial.
If you are formally charged, you will be produced in Court. If you are to be charged in Court, your fingerprints may be taken by an officer and you may be photographed at the Criminal Records Office, Criminal Investigation Department (CID). This means that there will be a record of you at the CID.
However, if you are acquitted of the offence in Court or if the charge is withdrawn, you can write to the CID for the return of the record of your fingerprints and negatives.
5. Telling Your Family or Lawyer of Your Arrest
When you are arrested and detained you can request to make a call to your family or a lawyer telling them of your arrest. You may also request visits by your family or a lawyer. These requests may be refused if it will interfere with the investigation carried out by the officers. The law allows you to consult a lawyer of your choice.
What do I need to know before making a Will?
1. What is a Will, and can everyone make a Will?
A Will is a legal document where you can appoint someone whom you trust to manage your affairs and distribute your assets according to your wishes after you pass away. Under your Will, you can also appoint a guardian for any of your children under the age of 21.
Any person, regardless of citizenship, who is above the age of 21 of sound mind and understanding can make a Will.
2. Why should I make a will?
There are many uncertainties in life and regardless of your age, it is always important to ensure that your loved ones are well-taken care of. Making a Will is a simple process, and you need to attend our office for only one appointment for preparation of a simple Will.
If you do not have a Will upon your passing, your estate may not be managed or distributed according to your wishes. There may also be delays and extra costs in the process of distributing your assets if you pass away intestate i.e. without a will and this might put your loved ones at a grave disadvantage.
3. What can I include in my Will?
Under your Will, you can give almost all of your assets both in Singapore and outside of Singapore (depending on the laws of the country) to your intended beneficiaries. However, there are some assets which cannot be covered under the Will, and these include cash and/or shares in CPF accounts and properties held in joint ownership.
4. Do I need a lawyer?
Provided that you are 21 years of age and is of sound mind, you may make your own Will without consulting a lawyer. However, there are certain legal formalities that your Will must comply with. Without consulting a lawyer, there is a possibility that your Will will be rendered invalid. Therefore, it is in your best interests to consult a lawyer who can provide you advice on the drafting of your Will, in accordance with the law.