Common Divorce Misconceptions

Bonuses are not considered when calculating my annual income.

- That is untrue. The Court usually considers income as stated in the IRAS statement, which would include all income, including any bonuses and commissions.

My spouse committed adultery hence he/she cannot get the custody of the children.

- The divorce and ancillary matters are split into 2 different process. Child Custody is under ancillary matters. Adultery in general will not affect the issue on the children’s custody, however it may affect who the care and control will go to if it is shown that due to this adultery that your spouse has been neglecting the children to spend more time with a 3rd party.

Custody and Care and Control is the same.

There are 4 different types of custody, (1) sole; (2) joint; (3) hybrid; or (4) split. The parent who has the custody may make the major decisions (e.g. medical, education, religion) for the child without consulting the other parent. 

Care and control basically means which parents the child will live with on a day to day basis, while the other parent who doesn’t have care and control, gets access to the children on appropriate terms.
 

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READ MORE: The Approach to Maintenance in Singapore