A FOREIGN spouse who is not a permanent resident and can’t remain in Singapore legally will find it an uphill task to get a divorce and fight for the custody of
the children, said lawyers here.
Lawyer Rajan Chettiar, 43, said of MadamTang’s case: “It’s difficult since she can’t remain here.
“Immigration laws can’t be flexed for her to be with her son.”
He cited a divorce case he handled in which an Indian national woman returned to Singapore for the divorce proceedings against her Singaporean husband.
The couple had no children.
“Getting a social visit pass wastough and she needed a lawyer’s letter every time she cameback,” said Mr Rajan, who has his own firm.
He noted that Madam Tang could apply to the Family Court foran interim child custody and interim maintenance pending her divorce, but she has to be physically present in Singapore to do so.
Such interim proceedings do take a while as well, he noted.
“Interim custody could easily take six months, while interim maintenance could take anywhere between fourand six months.”
Legal costs could also prove expensive for a housewife with noincome, he said.
Given that Madam Tang is not a citizen or PR, she is not entitled to legal aid, he added. MrRajan said another thing that would make her divorce difficult is that non-citizens are supposed to live here for “three continuous years” before being able to file for divorce in Singapore.
Lawyer KohTien Hua, 41, from Harry Elias Partnership, pointed out that the courts would not have jurisdiction to consider a divorce before three years.
He said MadamTang could apply to have that period shortened, which is allowed if she canshow that she was treated with “exceptional cruelty or depravity”.
Limited choices
He noted that while husbands are duty-bound to provide maintenance for their wives, she has to be in Singapore to file for maintenance as well as the divorce.
He said: “She has to be here to give instructions, so if she is not a permanent resident or works here, I think her options are quite limited.”
Both lawyers said they have not handled many cases like Madam Tang’s.
This article was first published in The New Paper.
