Civil Litigation in Singapore – What You Need to Know Before You Go to Court and How Can Family Lawyers Assist You
Legal matters are often complex, however, all of us come across them at least once in a lifetime. In a country like Singapore, navigating the intricate world of civil litigation can be a daunting task unless you have the basic knowledge of it. Whether you are dealing with a family dispute, contract breach, or a personal injury case, you need to have a good understanding of the legal system of the country before stepping into a family court. Read on to learn what you need to know before walking into a court regarding any case related to family law in Singapore.
The Role of Singapore Family Lawyers
Whether you are going through a divorce, a custody battle, an adoption procedure, or any personal matter involving the court, the first step for you to follow is seeking the assistance of a family lawyer in Singapore. They are experts in the field, you need their help in navigating these emotionally charged waters to ensure a positive outcome. Considering the multicultural society of Singapore, lawyers need to be well-versed with the country’s legal system and also the Syariah law practised in the Muslim community. The role of a Syariah lawyer in Singapore comes with many duties and responsibilities. Below are the basics,
Expertise in Family Law: Lawyers in Singapore have to possess extensive knowledge and experience in family law to provide clients with expert guidance tailored to each unique situation. Generally, their expertise extends to the intricacies of the legal system, such as filing petitions, negotiating settlements, and representing clients in court.
Negotiation and Mediation: One of the key duties performed by family lawyers mediating and negotiating on behalf of their clients. They strive to reach amicable agreements between parties, thus avoiding costly and time-consuming court proceedings. This can be particularly beneficial for parties seeking to resolve their family disputes in a less adversarial manner.
Litigation Representation: In cases where an agreement cannot be reached through negotiation or mediation, Singapore family lawyers play a crucial role in representing their clients in court. They are responsible for building a strong legal case, presenting evidence, and advocating for their clients’ interests before the judge.
Family Law in Singapore
Family law in Singapore is comprehensive and designed to address the unique needs and challenges that families may face. Here are some key areas within family law that often require the assistance of family lawyers:
Divorce: Divorce proceedings in Singapore are governed by the Women’s Charter. Couples seeking divorce must meet certain criteria, such as having been married for at least three years, and they may be required to attend mandatory mediation sessions. Singapore family lawyers guide their clients through this process and help them navigate issues like child custody, spousal maintenance, and the division of assets.
Child Custody and Maintenance: Determining child custody and maintenance arrangements can be contentious. Family lawyers in Singapore assist their clients in reaching agreements that prioritise the best interests of the child. They can also represent their clients in court if disputes arise.
Adoption: Adopting a child in Singapore involves a rigorous legal process. Family lawyers help prospective adoptive parents navigate the adoption procedures and ensure that they meet all legal requirements.
Personal Protection Orders (PPOs): In cases of family violence or harassment, family lawyers can help victims apply for Personal Protection Orders to safeguard their well-being. PPOs can include restraining orders and other protective measures.
The Legal Process in Civil Litigation
Understanding the legal process in civil litigation is vital before embarking on any legal journey in Singapore. Here’s an overview of the typical stages involved:
Pre-litigation: The process often starts with consulting a Singapore family lawyer. During this phase, your lawyer will assess the merits of your case, explore options for settlement, and guide you through any necessary pre-litigation steps.
Negotiation and Mediation: If the parties are willing to, they can engage in negotiations and mediations to resolve issues outside of court. These discussions are
done in the presence of a family lawyer and they will work hard to receive a favourable outcome.
Filing a Claim of Defence: If an amicable resolution cannot be reached, the next step is to file a claim or defence. Your lawyer will help you draft the necessary legal documents and ensure they are filed correctly.
Discovery: This stage involves gathering evidence, interviewing witnesses, and exchanging information with the opposing party. Discovery aims to build a strong case and uncover facts that may be crucial in court.
Trial: If a settlement cannot be reached, the case proceeds to trial. Your family lawyer will represent your interests in court, presenting evidence, and arguing your case before the judge.
Judgement and Enforcement: After the trial, the judge will issue a judgement. If you are successful, your family lawyer can assist you in enforcing the judgement and securing any remedies granted by the court.
To Sum Up
Navigating civil litigation in Singapore, particularly within the realm of family law, is a complex and often emotionally charged process. Singapore family lawyers play an indispensable role in guiding individuals through the legal landscape, providing expertise in family law, and advocating for their clients’ best interests. If you have a good understanding of how the legal system and courts work and consult with a reputable family lawyer in Singapore, chances that you achieve a positive outcome are significantly high.
