Separating with Property in Melbourne and Singapore

Couples who live between Singapore and Australia often separate with assets in both places: a home or investment property in Melbourne, an HDB flat or condominium in Singapore, CPF and superannuation, and bank accounts in each country. The first questions are usually which country’s courts should deal with the property, and how to make a settlement stick in both countries.

Direct answer: Australian courts can make property orders that cover assets overseas, as long as the case has the required connection to Australia. Where proceedings could be brought in both countries, choosing where to start matters, because the two systems approach property division differently and starting in one place can affect what happens in the other.

When can you use the Australian courts?

• For an Australian divorce, either spouse must generally be an Australian citizen, regard Australia as their permanent home, or have lived in Australia for the 12 months before applying. The couple must have been separated for at least 12 months.
• Property claims between married couples in Australia generally must be made within 12 months after a divorce becomes final. For de facto couples, the time limit is generally 2 years after separation.
• Australia can deal with property in Singapore and elsewhere, but enforcing orders overseas may need steps in that country.

Making the settlement work in both countries

In matters we have handled, the parties reached agreement and recorded it in matching documents in Australia and Singapore, so each country’s assets could be transferred and the agreement relied on in both places. In Australia that usually means consent orders or a binding financial agreement.

What we do

• Advise on whether Australia is the right place to deal with your property.
• Work out what is in the property pool in both countries, including superannuation.
• Negotiate, or use mediation, to reach agreement.
• Prepare Australian consent orders or financial agreements, and work with your Singapore lawyers on the Singapore side.

Australians living in Singapore

If you are an Australian citizen living in Singapore, you may still be able to divorce and settle property in Australia. Get advice early, especially before the other party starts proceedings elsewhere.

This page is general information about Australian (mainly Victorian) law, not legal advice. Chua Tan Associates is a Melbourne law firm and does not advise on Singapore law.