Articles – Amarjit Sidhu Law

December 14, 2020

Family Violence And Circuit Breakers

According to a Straits Times article published in May 2020, there was an increase in domestic violence cases in Singapore, with about 476 police reports filed between April 7 to May 6. This was a 22% increase from the monthly average prior to the circuit breaker period, according to the Police.

These cases include assault, causing hurt, using criminal force, as well as criminal intimidation and wrongful confinement.

What are Considered Family and Spousal Violence?

According to the Ministry of Social & Family Development (MSF), family violence is defined as a violent, threatening or controlling behaviour towards your spouse or family members. These can include:

Action that causes physical injury
Direct or indirect threats of causing harm
Sexual assault of any kind
Emotional or psychological manipulation or gaslighting
Damaging of property
Socially isolating the person
Behaving in a way that causes a person to live in fear

Even without physical violence involved, family and spousal violence also include verbal abuse, threats, harassments, intimidating and controlling behaviour like setting excessive curfews or limiting access to friends or other family members.

Some of the more common forms of family violence include:

Child Abuse – abuse or neglect of child by an adult;
Spousal Abuse – violence between spouses, including ex-spouses
Elder Abuse – a child abusing the parent;
Vulnerable Adult Abuse – abuse of an adult who may be mentally or physically disabled;
Dating Violence – abuse involving an intimate partner.

What Can I Do When I Witness an Abuse?

While there is no circuit breaker to immediately halt any violence, the most important thing you need to do when faced in a situation either for yourself, or as a bystander witnessing someone else getting abused, is to first call the Police at 999, or visit the nearest Neighbourhood Police Station for help. Below are some useful numbers you may call:

• National Care Hotline: 1800-202-6868

• Big Love Child Protection Specialist Centre: 6445-0400

• Heart @ Fei Yue Child Protection Specialist Centre: 6819-9170

• Pave Integrated Services for Individual and Family Protection: 6555-0390

• Project StART: 6476-1482

• Trans Safe Centre: 6449-9088

• Community Psychology Hub’s Online Counselling platform: CPHOnlineCounselling.sg

• Touchline (Counselling): 1800-377-2252

• Care Corner Counselling Centre: 1800-353-5800

• Agency for Integrated Care Hotline: 1800-650-6060

Engaging a Family Lawyer

If you are currently in a situation that requires mediation or legal advice, it’s best to consult a lawyer who will be able to guide you through your options.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years from traffic offences, high-profile criminal cases – to family and divorce matters. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Source: https://www.straitstimes.com/singapore/courts-crime/coronavirus-more-cases-of-family-violence-during-circuit-breaker-police-to

December 14, 2020

Maid Abuse in Singapore Remains a Common Issue

Among the many headlines that we have seen in 2020, there has been a consistency with the number of maid abuse cases happening in Singapore recently, and especially so during the circuit breaker period.

Living in close proximity with family members for a prolonged period of time can be quite challenging for some, but for a maid, or domestic helper where work is also home, the challenges are different. Besides the cultural and language differences for those who are still new to their employers, the increased work demands have also led some of them towards drastic reactions, like the recent case involving a domestic helper who climbed down 15 storeys from the balcony of her flat to escape her abusive employer.

There are usually two sides in any situation but the key question remains, where do we draw the line between scolding and being abusive?

What is Maid Abuse?

Maid abuse as a legal term, consists of physical and psychological abuse which we have covered in an earlier article. With physical abuse, the Court considers the degree of harm, aggravating and mitigating factors, and with psychological abuse, the degree of harm caused is factored in.

As we have published here, the sentencing framework is meant to guide and clarify maid abuse cases as seen in the examples. These also include emotional abuse, and being forced into “humiliating and degrading” situations.

This can also include repeated verbal abuse over a period of time that affects the victim’s emotional and mental state, leading to prolonged loss of appetite and massive weight loss even if there was never any physical violence committed. In this case, even words may be enough to cause damage to the victim and may be considered as a factor in court.

Do Working Conditions Contribute to Maid Abuse?

A CNN Report from 2017 highlighted the results of an independent survey by Research Across Borders titled “Bonded to the System” which revealed that a large number of migrant domestic workers in Singapore were vulnerable to labour exploitation, mainly due to a lack of adequate work regulations and legal protection such as being made to work additional hours outside their scope, as witnessed in the recent case involving Parti Liyani, or issues related to their salary. Since there isn’t a traditional minimum wage law in place in Singapore, most domestic workers earn on average, about S$600 a month.

According to an October 2019 survey conducted by YouGov, about 52% of Singaporeans believe domestic helpers should earn more than S$600 a month. About 88% are convinced that domestic helpers are leading a decent quality of life at the minimum, with only 12% describing it as poor. In the same survey, 14% of the respondents have witnessed a domestic helper being abused and 79% of them have heard of someone being abused, of whom 81% of them agree that more can be done to improve the quality of life for domestic helpers in Singapore.

What Happens if I Scold My Maid But She Accuses Me of Abusing Her?

While this may have happened many times before, it is always advisable to be respectful and mindful no matter how badly your maid has erred. Never physically assault her and be wary of cultural and even religious differences when deciding your approach to communicating your grievances with her. If she does lodge a complaint against you, then you should speak to a lawyer.

Prevention is Better Than Cure

Whenever you are faced in an abrasive situation with your maid, it’s best to first determine the actions committed and what options you have to deal with the situation. You should deal directly with your maid’s agency but in the event that option is not currently available, then ensure that communication is done in a civil manner. You may also bookmark this site for tips on how to deal in unexpected situations.

If you are currently facing a serious issue, either as a domestic helper or an employer that can’t be solved at home, you should consult a lawyer who will be able to guide you through the process.

Help for Domestic Helpers in Singapore

For domestic helpers who need help, you may reach out to the Humanitarian Organisation for Migration Economics (HOME) or by contacting them at:

1800 797 7977 (Toll-free)
+65 9787 3122 (Whatsapp / Viber / SMS)

October 19, 2020

What If Your Ex-Spouse Does Not Provide Maintenance?

In a previous article, we explained what a maintenance order is and how you can get one. If you already have a maintenance order, and are currently in a situation where your ex-spouse has defaulted on these payments, what can you do?

Apply to Enforce the Maintenance Order

Although not compulsory, we advise you to first submit a draft application online via iFAMS, on Singapore’s Family Justice Court’s website to get started. You will need to login using your SingPass ID and have the following documents ready:

NRIC or Passport;
Order of Court for the maintenance order you wish to enforce

You can find a step-by-step guide to filing this application here.

If you are unable to go online, then you can verify your documents and submit your maintenance application at one of these organisations but the process may take longer:

If you are applying for a maintenance order from a divorce proceeding, you may visit these organisations:

Once you have submitted your application, you will then be asked to appear before a judge. If you have applied at the Family Justice Court, you will appear before the judge in-person. However, if you have applied elsewhere, you may appear before the judge via video conference. You will also be required to affirm that the contents in your application and your answers to the judge are all true.

What Happens Next?

Assuming that your application to enforce the Maintenance Order has been accepted, the judge will issue a summons to your ex-spouse with a specified date for a first court hearing of the case. Both you and your ex-spouse are required to attend the hearing and you will have to pay a nominal fee of S$1 for the summons to be issued to your ex-spouse.

If your ex-spouse shows up in court, a court officer will read your application to your ex-spouse who will then have a choice to agree, or disagree with your application.

If agreed, the court will record a consent order, confirming the agreement;

If your ex-spouse disagrees with your application, then the court may send the matter for mediation. If both of you manage to settle the matter, the court will record the consent order.

If mediation fails, the final decision will fall on the court on both parties’ behalf, and both of you will be given a court date to start the process.

If your ex-spouse fails to show up, a warrant of arrest will be issued against the person and if you fail to show up, your application will be struck out.

You are also advised to prepare a calculation of the maintenance you are currently owed. This can be laid out on a table showing the months and amounts owed, including bank statements and documentary evidence of all the expenses you are allowed to claim maintenance for. You should collect and keep your invoices and receipts so that it will be easier for you to keep track of this information.

What Will Happen to Your Defaulting Ex-Spouse?

Court Order: after the court has made the final decision about your maintenance, a court order will be sent to your ex-spouse to pay the outstanding amount of maintenance. This court order will state the amount, also whether it should be paid in a single payment or in monthly instalments.

Fine/Jail Term: under Section 71 of the Women’s Charter, the defaulting ex-spouse may be fined and/or imprisoned for up to 1 month, for each month of maintenance owed. Even with a prison sentence, the outstanding maintenance amount will still have to be paid upon release.

Financial Counselling: in cases where the defaulter is in a precarious financial situation, the court may instead, order the defaulting ex-spouse to attend financial counselling.

Others: there have also been cases where the defaulting ex-spouse was made to perform unpaid community service for a certain number of hours, or even subjected to an attachment of earnings order, where the defaulter’s employer will deduct the maintenance money from the defaulter’s salary to pay it to the court.

This can also be listed as a debt in the defaulting ex-spouse’s credit report which can be accessed by financial institutions including banks. This will make it very difficult for the defaulting ex-spouse to apply for loans or sign up for hire-purchase schemes in the future.

For more information on dealing with a defaulting ex-spouse, it’s best to consult a specialist family or divorce lawyer who can guide you on your next steps based on your situation.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Corporation has represented numerous clients in a wide variety of matters over the years from traffic offences, family disputes to high-profile criminal cases. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

Additional Resource: https://singaporelegaladvice.com/law-articles/what-happens-if-your-ex-spouse-does-not-provide-maintenance

October 19, 2020October 20, 2020

How Do You Change Your Name in Singapore?

Whether it’s for religious purposes, or simply because you have found a more meaningful alternative, you are allowed to change your given name in Singapore. However to get this process started, what documents will you need? How much will the process cost? How long will it take? Can foreigners change their names in Singapore too? These are some of the commonly asked questions that we will address in this article.

The Deed Poll

To officially change your name in Singapore, you will first need a legal document drafted by a lawyer called a deed poll. You have to be present at the lawyer’s office during this process so that the lawyer can verify your identity and witness your signing, also known as the “executing” of the deed poll. This document will then serve as your declaration that you will be renouncing your current name and taking on a new one.

The simple reason why a deed poll is necessary is because Singapore authorities only recognise any name changes executed with a deed poll.

If you are above the age of 21, you will need to bring either your NRIC (pink/blue), or 11B if you’re serving your National Service, or passport. If you are doing this for your child below the age of 21, then you’ll need to bring your NRIC or passport, together with your child’s original Birth Certificate with evidence of your relationship with the child. If the original Birth Certificate is not in English, you will also need to include a certified true copy, which includes a notarised English-translated version. The deed poll process usually costs around S$100.

If you are looking to change your child’s name, the consent and signatures of both parents are required. However, if you are in the midst of a divorce, or facing resistance from your ex-partner, then it’s best to consult a lawyer to guide you through this process.

Changing Your Name in Official Documents

Once you’ve executed the deed poll, you will then have to update your particulars with the authorities, starting with your NRIC.

NRIC: Log on to ICA’s website and under e-Services, you can submit a “Change IC Particulars (Self)” application with a digital copy of your deed poll. This application should be processed within 3 working days and ICA will mail you a collection notice within a week. You will then need to collect your new NRIC in person at the ICA building. Please bring along your original deed poll with the documents stated in the collection notice. You will need to complete this process within 28 days of changing your name and the application fee is S$60.

Passport: To apply for a name change in your passport, you have to apply for a new passport. Simply follow all the instructions listed here on ICA’s website.

A deed poll cannot be used to change the name on your birth or marriage certificates however, an exception applies if you are changing the name of your child who is less than 12 months old. You may change the child’s name without needing a deed poll.

You will also need to manually update all the other relevant organisations that you have been registered to with your new name. This includes your current company, banks, memberships and other accounts. You may also have to update your name on your existing credentials including your academic and professional certificates.

What Exactly Can You Change About Your Name?

Some of the more common name changes in Singapore include:

Changing the order of the words, eg. Michael Tan Meng Seng to Tan Meng Seng Michael;
Changing the spelling of the name, eg. Micheal to Michael;
Inserting married names, eg. Rebecca Lee to Rebecca Lee-Tan;
Inserting Baptism or religious names, eg. Michael Tan Meng Seng to Michael Angelo Tan Meng Seng;
Inserting, deleting or modifying an English or Western name even if you are not Christian, eg. Tan Meng Seng to Michael Tan Meng Seng;
Inserting, deleting or modifying any punctuation in your name, eg. Michael Tan Meng Seng to Michael Tan Meng-Seng;
Inserting, deleting or modifying your hanyu pinyin name;
Inserting, deleting or modifying the Chinese or Tamil characters in your name

Please remember that you cannot change your race, religion or other particulars with a deed poll. You will need to contact ICA directly for more information on how to amend those. Although rejections are uncommon, the ICA may reject certain names, especially those that are offensive or vulgar. Names that resemble famous politicians, or containing honorary titles such as ‘Datuk’ or even ‘Sir’ might also be rejected. There is also no limit to how many times you can change your name.

Can Foreigners in Singapore Change Names Too?

Technically foreigners, including Permanent Residents, can engage a Singaporean lawyer to execute a deed poll in Singapore. However, the name change also depends if the person’s home country recognises it depending on their respective laws and regulations.

If you are a foreigner residing in Singapore planning to change your name, it’s best that you first check with your respective embassy or consulate office in Singapore to determine if the deed poll executed in Singapore will be recognised in your country. Otherwise, it would be advisable to do it back home.

What About Singaporeans Living Overseas?

If you are unable to return to Singapore during this period, then a deed poll may be executed with a foreign lawyer and you may then update your new name online at ICA’s website. You will then need to contact the Singapore embassy’s consular section in the country of your stay to change your name in your passport.

Is a Deed Poll Mandatory?

Do take note that a deed poll is not necessary if you plan to include your married name to your original name on your NRIC as long as you submit your marriage certification. For name changes based on religious purposes, ICA will require a Baptism or religious certificate to process your application.

If you are currently planning to change your name or your child’s, you should consult a lawyer who will be able to guide you through this process.

Additional Resource: https://singaporelegaladvice.com/law-articles/how-do-i-legally-change-my-name/

September 7, 2020

Child Custody, Care and Control: What You Need to Know?

Divorce cases involving a child will lead to decisions on who wins custody of the child, who is given care and control, as well as the access order granted.

According to the Women’s Charter, a “child” is defined as a child of the marriage who is below 21 years of age. This definition is also the main statute governing child custody in Singapore under the Guardianship of Infants Act and the Administration of Muslim Law Act. Therefore, this law applies to every person in Singapore regardless of race or religion.

What is The Difference?

Child custody refers to the authority given to the custodial parent, or parents, to make major decisions for the child such as choice of school, religion and health-related matters.

Care and control is only given to one parent. This parent will be the child’s primary caregiver and will be involved in the child’s daily life while the other parent will be granted reasonable access to visit the child for a certain period. This order is necessary when the parents are separated and the court will require convincing evidence to deny this access to the other parent.

If the father had been the primary caregiver before the divorce, the court may grant shared care and control where time spent with the children will be split amongst both parents equally but this is subject to several factors including feasibility and the child’s welfare. Above all, the welfare of the child is paramount.

Care and control orders can also include a ‘penal notice’ where there are specific terms and responsibilities that the parent living with the child will need to abide by such as specific times to allow access to the other parent. If those terms are not complied with, the aggrieved parent may take the matter to court to seek recourse.

Child Custody Orders

There are about 4 types of child custody orders that are granted in Singapore courts:

Sole custody order: only one parent is granted custody of the child. Usually granted in cases where the couple’s relationship has broken down irretrievably, or one party concedes custody.
Joint custody order: both parents share equal custody rights over the child. This is also one of the more common custody orders granted in Singapore courts where both parents are expected to communicate with each other and reach a consensus when making decisions for the child.
Hybrid order: one parent will be granted custody over the child but will still be required to consult the other parent on matters relating to the child’s welfare.
Split custody order: custody of one or more siblings split between both parents. This is not very common as the court will usually encourage siblings to stay together.

When a child is under custody or care and control order, nobody other than the custodial parent can take the child out of the country for a period of more than one month. The non-custodial parent can only be allowed to bring the child overseas with the consent of the custodial parent or the court.

Access Orders

The non-custodial parent, usually the father, will be granted unsupervised access to the child. The access orders are meant to be fair and reasonable to serve the welfare and best interests of the child and will be determined by the court. Access periods can also be specifically on weekdays, weekends, school or public holidays.

If there is a reason to believe that the child may face potential physical or emotional abuse, or if there is a need to assess the non-custodial parent’s relationship with the child, then a Supervised order will be granted where the session will be supervised by a third party.

The court may order for Access Evaluation Reports if necessary if there is dispute between both parents regarding access times.

There have been instances where parents were denied access to the child and if you are currently in this situation, you should speak to a divorce lawyer for help.

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from traffic offences, family disputes to high-profile criminal cases. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

September 7, 2020

The Road Traffic Act and What You Need to Know

The Road Traffic (Amendment) Act 2019 (“Act”) that was passed in Parliament in July 2019 took effect starting November 2019. Besides the reclassification of offences, there are new provisions that specifically target dangerous behaviour such as drink driving and using mobile devices while on the road, as well as changes to the license suspension and revocation system.

While most of the amendments took effect in 2019, some of them will only start in the second half of 2020.

Here are some of the changes you can expect:

Reclassification of offences: Irresponsible driving offences will now be classified into Reckless or Dangerous Driving and Driving Without Care or Reasonable Consideration. This means Dangerous Driving is distinguished from Careless Driving through variables such as whether the driver was in the condition to drive safely, or if the traffic situation required the driver to be extra careful but he/she did not.

The Act also now categorises offences into four tiers which represent the different levels of harm caused. These include Hurt, Grievous Hurt, Endangers Life and Death.

Heavier punishments: For offences including drink driving, driving against the flow of traffic, swerving across lanes at high speed, and speeding past pedestrian crossings when one does not have the right of way, offenders will now face much heavier imprisonment terms and fines as compared to the existing Penal Code and Road Traffic Act.

Motorists who commit a Dangerous or Careless Driving offence under the influence of any illicit substances will also be liable for additional penalties that will be served consecutively. Repeat offenders can also expect higher maximum penalties compared to first-time offenders.

Longer bans: Irresponsible motorists will now be kept off the roads for much longer through the widening of the range of offences that will lead to minimum disqualification (DQ) periods, immediate suspension and vehicle forfeitures. Penalties for driving without a licence, or while suspended will result in increased punishments.

A new aggravating factor: The courts will now be able to consider a motorist’s past compounded road traffic offences as aggravating factors for his/her current road traffic offence.

Forfeiture of Motor Vehicles

According to Section 65AA, The Court may order the forfeiture of a motor vehicle if its driver has been convicted of reckless or dangerous driving on the application of the Public Prosecutor. However, if it can be proven that the person who committed the offence is not the vehicle owner, and that the driver had used the vehicle without the owner’s consent, then the vehicle must be released within one month from the date of seizure.

The 2020 Provisions

While the latest amendment to the Road Traffic Act was announced and implemented in 2019, some of the new provisions only take effect starting August 2020.

Section 65B pertains to the use of mobile communication devices while driving. As long as the driver of a vehicle holds a mobile communication in his/her hand while the vehicle is moving, the person will be guilty of an offence and might face up to 6 months in prison and/or a fine of not more than $1,000. Repeat offenders may face double the jail term and/or fine.

At first glance, it may seem like this law does not apply to wearable devices like smart watches, as long as it is worn as intended on the wrist. However, if you are using that device for a communicative function while driving, then it becomes an offence.

What is Communicative Function?

According to Section 65B(3), communicative function refers to any of the following:

Sending or receiving audio phone or video calls;
Sending or receiving of electronic documents, this can include .PDF or .DOC or any files from work;
Sending or receiving still or moving images, this can include photographs or gifs;
Sending or receiving audio or video files such as music or films;
Providing access to the internet, such as turning on your wireless hotspot for your passenger while driving;

If you have been summoned for a traffic offence recently that falls within one of these amendments, then it’s best to speak to a lawyer who will be able to guide you on your next course of action.

Source:

https://sso.agc.gov.sg/Act/RTA1961?ProvIds=pr64-,pr65-,pr65AA-,pr65A-,pr65B-,pr67-,pr67A-&ViewType=Advance&Phrase=driving+without+licence&WiAl=1

July 27, 2020

What Happens When The Police Keep Your Passport?

If the police have reasons to believe that you may be a suspect, or have been accused of committing a criminal offence, they may require you to surrender your passport. Are they allowed to do that? What happens after?

The answer to the first question is yes, but that is only provided the police officer is of the rank of sergeant or above and has the written consent of an officer above the rank of Deputy Superintendent of Police, who has been authorised by the Commissioner of Police to give the consent.

This power is also applicable to other law enforcement agencies such as the Immigrations & Checkpoints Authority and Singapore Customs, but also only with the written consent of the head of the agency.

Return of Travel Document

According to section 113 of the criminal procedure Court, a person who has surrendered his passport may apply to the authorised officer, or the head or an authorised director of the law enforcement agency or a person of a similar rank, for its return.

However, if the application has been refused, then the person may apply to a District Judge and state their reasons for the application.

The District Judge may either grant the application subject to conditions that may require further surrender and a provision of security for the applicant’s appearance at a specific time and place, or simply refuse the application.

If the applicant fails to comply with any of the stated conditions, then any security that was provided for the passport’s return may be forfeited by a Magistrate, and the applicant may even be arrested and dealt with the same way as someone who refuses to surrender their passport without any valid reason.

What Happens if You Refuse to Surrender Your Passport?

If you refuse a police officer’s request to surrender your passport, you may be arrested and brought before a Magistrate. If you are still unable to provide a good reason for not surrendering your passport, you may be sent to jail and remain there until you surrender your passport.

In the event that you have been charged with an offence and applying to be released on bail, the court or prosecuting agency may require your passport as a condition of your bail or you may not be released on bail.

How Long Can The Police Keep Your Passport For?

If the police believe you have committed an offence, your passport may be held until the end of police investigations. You may apply for a return if there is an urgent requirement to do so. If your passport is being held as a condition for your bail, you may only get it back after the case is concluded.

What if You Need to Leave Singapore?

If you need to leave Singapore while out on bail, you may apply to the court to have it returned to you if you have a valid reason. This could include a serious illness or emergency involving a family member overseas, or even a planned holiday. You will also need to ensure your bailor is present when you make your application to leave Singapore.

Do take note that the court may increase the bail amount if your application to leave Singapore while out on bail is approved.

What Other Ways Are There to Get Your Passport Back?

There is a system in place to ensure fairness throughout the different procedures. If the police have reasons to believe you have committed an offence and have taken your passport, you may apply to that police officer or the Commissioner of Police to explain your reasons why it should be returned to you.

If the police reject your application, you may apply to the District Court instead. However in the District Court, the return of your passport may be subjected to conditions it deems appropriate as well as a provision of security to make sure you attend court on a certain date.

If the court grants the return on the condition that you will have to re-surrender your passport at a later date and you refuse, you may be arrested and any security you had provided for the return of your passport will be forfeited.

Getting a Criminal Lawyer in Singapore

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years from domestic violence, spousal and child maintenance; family disputes to high-profile divorce; care and control and custody issues, relocation and child abduction. There is a Team of 4 experienced lawyers in the Firm. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

July 27, 2020July 27, 2020

(Recap) First Person to be Charged Under Singapore’s New Anti-Money Laundering Law

According to a Straits Times article published on June 25, a 23-year old Singaporean woman became the person to be charged under the Payment Services Act for providing payment services without a license.

The Payment Services Act 2019 was implemented at the beginning of 2020 for the purpose of fighting money laundering and terrorism financing. The law is also meant to strengthen consumer protection for e-payments.

The Case

The woman was charged with one count of providing payment services without a licence by receiving at least 13 fraudulent fund transfers amounting to around $3,000 on a digital payment token service into her bank account near the end of February.

She then used the amount to buy Bitcoin, a type of cryptocurrency that works on blockchain technology.

According to a Police spokesperson, “the amount deposited into her bank account turned out to be proceeds of crime from victims of online scams”.

Due to her previous brushes with the law, her bail was set at $15,000 and if found guilty of the offence under the Payment Services Act, she can be jailed for up to three years and fined up to $125,000.

Getting a Criminal Lawyer in Singapore

Mr Amarjit Singh Sidhu of Amarjit Sidhu Law Practice has represented numerous clients in a wide variety of matters over the years in civil and military courts from domestic violence, spousal and child maintenance; family disputes to high-profile divorce; care and control and custody issues, relocation and child abduction. There is a Team of 4 experienced lawyers in the Firm. With a vast knowledge of Singapore’s laws and a wealth of experience, Mr Amarjit Singh Sidhu will be able to provide valuable and timely advice for your situation. For more information, feel free to contact us for a consultation.

June 22, 2020

How to Prove Unreasonable Behaviour for a Divorce

In an earlier article, we explained the process of getting a divorce. One requirement is that one of you will need to prove that there has been an irretrievable breakdown of the marriage and therefore, unable to live together.

This can come in the form of your spouse displaying unreasonable behaviour, both actively or passively, and it is affecting your marriage. You may refer to section 95(3)(b) of the Womens’ Charter, or make an appointment with a divorce lawyer to better understand your legal options based on your circumstances.

What is Unreasonable Behaviour?

It is a very broad term with a wide range of meanings and can include acts, both passive and active, as well as failure to act, and includes a range of situations from adultery, to prolonged acts of humiliation, to domestic violence towards you, or even someone else.

This behaviour may be intentional or unintentional.

The main question that you will have to answer will be: Can you reasonably expect to continue living with your spouse?

If your answer is yes, the court will also take into account, both your behavioural attributes such as character and attitude, as well as how you have both been behaving throughout the duration of the marriage.

Are There Exceptions?

Since it requires just one of you to show why you can’t reasonably be expected to live together, there are also certain exceptions, also known as insufficient instances. This is why the court will take certain steps to test for unreasonable behaviour.

Unreasonable Behaviour is at the minimum, more than just a feeling or a state of mind. This means that if you are feeling bored of your spouse, or feel like you don’t love each other anymore even though both of you have not been fighting and living peacefully in the same address, then the court may rule that there is insufficient instance of showing unreasonable behaviour.

How Does The Court Determine Unreasonable Behaviour?

Depending on your circumstances, the court will look at the cumulative effect of this behaviour, how long it has been going on for and how it has been affecting you. This will apply for behaviour that may not be serious when done once, but may be considered unreasonable over a prolonged period, affecting your mental health for example.

Since this verdict only applies to your marriage, in the case of a successful divorce ruling, the evidence of unreasonable behaviour by your spouse to prove the divorce does not necessarily mean they will now be found guilty of misconduct. The focus is only on the acts related to your marriage, and if it is reasonable to expect you to continue living together.

If you are still unsure, or would like to know more about unreasonable behaviour with regards to your personal circumstances, it is highly advisable for you to speak to a divorce lawyer.

Getting a Divorce Lawyer in Singapore

June 22, 2020

What if You Want to File for Divorce But Can’t Find Your Spouse?

When you file for divorce, a writ for divorce will be issued by the court for your spouse, who will be the Defendant. The usual process is done by personal service. A copy of your Writ with your Divorce Case Number will be made with other relevant legal documents and personally sent to the Defendant by an authorised or registered service clerk.

However in some cases, the Defendant might either refuse to open the door, or is no longer living there and therefore, unable to receive the writ. Depending on the situation, there are two things you can do:

An order of substituted service – a way of summons with a supporting affidavit

But if that fails,

Service to be dispensed with – only allowed by the court if you can prove that you have attempted every other possible substituted service but still could not reach your spouse.

What is a Substituted Service?

If you are able to find your spouse’s (other) residential or email address, either by yourself or by asking others who may know, then you may apply for service to be made effected by:

Registered Post: if you have their residential address, you must explain why you believe that your spouse is currently at that address. You may also use this service if your spouse is living overseas and is not permanently based in Singapore.
Electronic Means: you can send it via email if you can show that the email account belongs to your spouse and is currently active.

What if I Cannot Reach My Spouse Even if I Have Their Details?

There are another 2 substituted services available should either of these fail but the requirements are more stringent.

Posting on the front door at your spouse’s last known residential address in Singapore: If personal service was attempted but unsuccessful, then you will need to provide the court with the dates, times and outcome of each attempted personal service while also providing reasons to believe the person resides in that address, including evidence such as household bills or official government documents where both your spouse’s name and address are visible.

You will also be required to reveal the date of your last contact with your spouse, as well as the mode and contents of the conversation; the names and addresses of your spouse’s relatives and friends; details of your attempts to contact them; the name and address of your spouse’s last known employer, if any, and details of your spouse’s nationality.

After which, you will need to make another two attempts at personal service and only with evidence that your spouse is overseas and may, or may not have a return date, or just being told that the person has ‘moved out’ without indicating where, only then will you be able to effect this form of service.

Newspaper Advertisement: If nobody seems to know where your spouse is, and all other available methods have been exhausted, then you may apply for an advertisement. You will need to provide information such as your spouse’s language(s) spoken and level of literacy. This is applicable if you are placing an advertisement in both an English, as well as a non-English language publication in Singapore, or a newspaper overseas in the country your spouse is believed to be at.

What if Every Possible Method has Failed and I Still Can’t Reach my Spouse?

In the event that you just cannot reach your spouse, the court will allow for a Dispensation of Service if they are satisfied that all your possible attempts at contacting your spouse has failed. This can be proven if you can show the court that you have no idea where, or which country your spouse is currently at, making advertising ineffective. There may be a higher chance this is allowed if there are no ancillary issues between Parties – such as matrimonial assets and/or children. It is on the merits of each case.

If you are in this situation, it is best for you to speak to a divorce lawyer.