Fung Peen Lim

DIVORCE

Divorce is a deeply personal matter that can have profound impacts on you and your loved ones. However, with proper preparation, divorce proceedings need not be acrimonious or excessively costly. Our firm is committed to working closely with clients to navigate the divorce process in a collaborative manner, with the ultimate goal of achieving an amicable agreement on critical issues such as the grounds for divorce, equitable division of assets, and care arrangements for children. In contested applications we represent clients in court, advocating on their behalf during hearings, and presenting evidence and arguments to support our client's position.

MAINTENANCE ORDERS

Under the Women's Charter of Singapore, parents are legally obligated to provide financial support for their children until they reach the age of 21 or complete their tertiary education, whichever comes later. Spousal maintenance may also be ordered by the court after a divorce or separation, taking into account factors such as the income, earning capacity, and financial needs of both parties. We provide legal assistance to individuals seeking child, spouse, or parental maintenance orders in Singapore. This includes helping clients navigate the legal process, filing necessary applications with the Family Justice Courts, representing them in court hearings, and providing legal advice on the amount of maintenance to be paid.

POST-DIVORCE ADVISORY ON PROPERTY AND CHILDREN

A maintenance order ensures that women and/or children receive the financial support they need to maintain their standard of living after a marriage breakdown. This support covers essential needs such as food, clothing, and shelter. If there are changes in circumstances, such as a change in income, financial needs, or health that affect one's ability to pay or receive maintenance, we can help with an application to Court for variation of the maintenance order. If a party fails to comply with the maintenance order, we can assist in an application for enforcement with the Family Justice Courts in Singapore. The court may order the person to pay the outstanding maintenance or pay in instalments. If the person still refuses to comply, we can apply for committal proceedings, which may result in the person being imprisoned. Our team is ready to provide legal assistance to ensure that maintenance orders are enforced and that parties receive the financial support they require.

PRE-NUPTIAL AGREEMENTS AND POST NUPTIAL AGREEMENTS

We understand that nature of such prenuptial and postnuptial agreements can be a sensitive issue, and our lawyers are experienced in handling such matters with discretion and sensitivity. We take the time to fully explain the legal rights and implications of the terms of the agreement to our clients, so that our clients can make informed decisions on asset division, maintenance of spouse and children in the breakdown of a marriage. We provide guidance on the Women's Charter, which is the main legislation governing marriage and divorce in Singapore. This allows us to ensure that the terms of the prenuptial or posnuptial agreement comply with legal requirements and are in line with our clients' objectives.

FORCE SALE OF PROPERTY BY ONE CO-OWNER

If you're a co-owner of a property and one of the co-owners refuses to sell, we can help you navigate the situation. Our first step is usually to attempt negotiation with the dissenting co-owner to try to reach an agreement on the sale of the property. This could involve offering to buy out the dissenting co-owner's share. If negotiations are unsuccessful, we can help apply for a Court Order of sale under the Land Titles (Strata) Act. The Court will consider various factors such as the financial circumstances of the co-owners and the market conditions, before deciding whether to grant the order. We will work closely with you to ensure the best possible outcome.

TRUST DEEDS AND TAX ADVISORY

We provide professional advice and guidance on the process of setting up a trust. We take the time to fully understand our clients' unique circumstances, in order to explore various trust structures that align with our client’s objectives. We work closely with our clients to carefully scope out the powers of the trustee, ensuring that all assets held in the trust are managed effectively. We also offer support to our clients during the process of transferring assets into the trust and provide expert advice on any possible tax implications associated with the trust.

PROBATE AND LETTER OF ADMINISTRATION

In the event of a death, it is important for the family to consider appointing a legal representative for the estate, regardless of whether there is a Will or not. This is where our firm can help. We provide guidance and support to families throughout the legal process of appointing a legal representative, obtaining a Grant of Probate or a Letter of Administration, and transferring assets to beneficiaries. In cases where the executor or administrator has obtained a foreign grant, we can also assist in preparing the application to reseal the grant in Singapore. This is an important step in ensuring that Singapore assets can be distributed to beneficiaries in accordance with the wishes of the deceased.

DEED OF FAMILY ARRANGEMENTS

Sometimes beneficiaries may want to change the distribution of assets from what is stated in the will due to changes in their circumstances or for tax planning purposes. In such cases, a Deed of Family Arrangement can be used to formalise the new agreement, prevent potential disputes and ensure that everyone in the family is on the same page. We work closely with our clients to understand their wishes and concerns. We take the time to ensure that the terms of the agreement are clear and accurately reflect our clients' intentions. Our goal is to help our clients navigate the process of creating a legally binding Deed of Family Arrangement that satisfies their needs and protects their interests.

MENTAL CAPACITY ACT APPLICATIONS

If a patient does not have a Lasting Power of Attorney (LPA), their family may need to manage their affairs. This includes taking care of medical bills, providing medical care, nursing care, medication, and other medical needs. To do this, the family may need access to the patient's bank accounts, CPF funds, or even the ability to rent or sell property. We help families apply to the Family Justice Court to be appointed a Deputy under the Mental Capacity Act (MCA). We prepare the Court application, and provide guidance on what to include in the medical report to satisfy the Court and minimise the time and cost involved.

ADOPTION/GUARDIANSHIP

We provide comprehensive advice for clients seeking to adopt a child or stepchild or obtain guardianship in Singapore. We can guide clients through the entire process, including obtaining consent of the child’s parents, application preparation, adoption statement, filing, and representation in court to help clients achieve a successful outcome. We are committed to providing personalized and compassionate service to clients throughout the adoption or guardianship application process.

CRIMINAL DEFENCE

We specialise in criminal representation and plea mitigation for a wide range of criminal offenses such as assault, theft, and sexual offenses. Our experienced legal team provides expert guidance throughout the legal process, including representation in court and mitigation pleas to minimise the severity of the sentence or penalty. We are dedicated to protecting our clients' rights and achieving the best possible outcome.

PERSONAL PROTECTION ORDER AND PROTECTION FROM HARASSMENT

We offer guidance to families and individuals who are looking to obtain Personal Protection Orders (PPO) under the Women's Charter and Family Justice Act or Protection from Harassment Act (POHA). In Singapore, a PPO granted by the Family Justice Court can safeguard victims of domestic violence by mandating the abuser to stop the abuse and keep their distance from the victim and specified areas. Additionally, it may include further restrictions like prohibiting the abuser from interacting with the victim. POHA can address various forms of harassment like stalking, cyberbullying or phone harassment through both civil and criminal remedies, a person can seek a Protection Order in the State Court. By seeking our assistance, we provide the necessary support and expertise to those who seek protection against abuse or harassment through the legal system.

A veteran of over 25 years in the legal industry, Fung Peen offers advice on matters such as adoption, pre-nuptial agreements, divorce, forced sale of property, child relocation/ abduction, protection and maintenance orders, Mental Capacity Act, personal protection orders, wills, trust deeds, and probate/administration applications, and deeds of family arrangements.

Fung Peen is also often consulted by leading media outlets for his insights on evolving family law issues such as domestic abuse and parental child abduction. His commentary has been featured in Channel News Asia’s article on abusive marriages and The Straits Times’ report on the rise in cross-border parental child abduction cases.

A strong advocate for mediation, Fung Peen has actively and successfully guided many clients to reach an amicable resolution to their lawsuit.

The Law Society of Singapore

Singapore Academy of Law