The UK or Singapore: Where should I divorce?

When multiple countries have jurisdiction over a divorce, the primary concern shifts from which country will grant the divorce to which country will determine the financial settlement. 

In HNW and UHNW divorce cases, it is essential that financial settlement proceedings occur in the jurisdiction that most benefits your position. For financially weaker spouses, this jurisdiction is often England and Wales. 

UK vs Singapore divorce

In Singapore, many aspects of the divorce law system are relatively similar to that of England and Wales. However, one difference, that has a bearing on the financial outcome on divorce, is the difference between the concepts of matrimonial and non-matrimonial property. In Singapore, non-matrimonial property (assets from before the marriage, and inheritance) are definitively ring-fenced and therefore excluded from division. 

In contrast, the English court has an almost unfettered freedom to redistribute the assets of the parties as it sees fit and fair, regardless of the source or ownership of the assets, and therefore these assets may be accessed to meet the needs of the spouses. This bares more importance in HNW and UHNW cases, as it is not uncommon for the court to determine ‘needs’ in the seven-figure sums.

Can I divorce in the UK if I married in Singapore?

Singaporean nationals may be able to apply for divorce in England and Wales. This is dependent on the habitual residence or domicile status of either you or your spouse. But be aware – if one spouse perceives either of the two jurisdictions as being advantageous, there may be a race to get there first to ensure that the divorce is heard in one jurisdiction as opposed to the other one. 

The rules around jurisdiction in England and Wales are complex, so it is crucial to seek specialist legal advice to determine the best possible route for your situation.

If you have a connection with a different jurisdiction, whether it is Singapore or another country, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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Why is London the divorce capital of the world? 

The media often reports London as the ‘divorce capital of the world’ following several significant financial settlements and in specific, settlements in favour of the spouses who have chosen England and Wales to pursue their divorces in. This is because courts in England and Wales typically aim for equitable division of assets, considering factors such as each spouse’s financial contribution, needs and future earning potential as well as non-financial contributions. In comparison to other jurisdictions, the English courts emphasise equality in financial settlements and start from 50/50, treating the same the breadwinner and homemaker of the marriage.