Legal Grounds for Divorce in Singapore
While marriage is intended to be a lifelong commitment, some couples may not be able to maintain their unions due to several factors, leading them to file for divorce.
In Singapore, a party seeking divorce must demonstrate the irretrievable breakdown of the marriage. This is established by proving at least one of the six facts outlined in Section 95A of the Women's Charter, which serve as the legal grounds for divorce.
These six legally defined facts are:
Adultery
In Singapore, adultery refers to voluntary sexual intercourse between a married person and another person who is not their spouse. Proof of adultery requires sufficient evidence of sexual intercourse.
The strongest form of evidence is an explicit admission from the cheating spouse that they have committed adultery. In the absence of such an admission, other forms of evidence can be used to establish adultery. These include:
- Photographs/Videos
- SMS/email exchanges
- Existence of a lovechild (with irrefutable DNA evidence they belong to another person)
If the spouse seeking to file for divorce cannot get hold of evidence themselves, then they may have to hire a private investigator. Failing to act within six months of learning about your spouse's adultery prevents you from using it as grounds for divorce.
Unreasonable Behaviour
Unreasonable behaviour essentially means that one spouse behaves in such a way that his or her spouse is unable or cannot be expected to live with him or her. It can include both physical and non-physical actions. Some examples of unreasonable behaviour include:
- Physical or verbal abuse
- Emotional negligence
- Financial incapability or irresponsibility
- Alcohol or drug addiction leading to aggressive behaviour
- Compulsive gambling habit
- Improper association with a third party outside of the marriage
- Refusal to engage in sexual intercourse
Similar to adultery, when using unreasonable behaviour as grounds for divorce, a specific incident must have occurred within six months of filing.
Desertion
Desertion takes place when one spouse abandons the other without consent and a good reason, intending to end the marriage. The abandoned spouse should prove that they have been living separately for at least 2 years before the filing of divorce. It is important to show that their spouse intends to desert and has no intention of returning.
Separation for Three Years by Consent
This occurs when both parties have agreed to the divorce and have lived apart, by choice, for three continuous years before filing for the divorce. To grant a divorce on this ground, the filing party must present evidence of living separately, such as a deed of separation.
Couples who live under the same roof during their period of separation can still qualify as long as separate households are maintained. However, it is important to note that a three-year separation does not automatically result in divorce; a formal filing is still required.
Separation for Four Years
In Singapore, a spouse may file for divorce without the other's consent after four years of separation. They must show that they have been living independently without intimacy, affection, and marital activities. If they have been living in the same house, they must demonstrate the absence of marital relations, including intimacy and affection, to prove separation.
Mutual Agreement
Singapore law allows for divorce by mutual agreement, where both parties acknowledge the marriage has irretrievably broken down without needing to prove fault or meet separation requirements. This requires a written statement detailing the reasons for the breakdown, reconciliation efforts, and proposed arrangements for the children of the marriage (if any) and financial affairs. While this reflects the couple's shared decision, the court retains discretion and may refuse the divorce if it believes reconciliation is still possible.
The Divorce Process in Singapore
Before filing for a Writ of Divorce, the plaintiff must understand their eligibility and the requirements. These include:
- Legal Ground for Divorce: The spouse initiating the divorce must provide at least one clear and valid ground for divorce.
- Evidence of the Ground for Divorce: These are facts that will be used to support the divorce.
- Ancillary Matters: This refers to the decisions regarding child custody, spousal maintenance, division of assets, and who will handle the costs of the proceedings.
Additionally, the Mandatory Co-Parenting Programme (CPP) is a mandatory prerequisite for divorce filings when children under 21 are involved.
The divorce process in Singapore differs depending on whether it is uncontested (both parties agree) or contested (one party disagrees).
Uncontested Divorce
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The parties can negotiate the terms of their divorce by discussing them with each other or seeking legal counsel to help negotiate the terms on their behalf.
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Once an agreement on all the terms has been achieved, the plaintiff must prepare the divorce papers and have them reviewed by the defendant before filing with the court. These papers include the Writ for Divorce, Statement of Claim, and supporting documents for the grounds of divorce and ancillary matters.
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With the documents in order and both parties in agreement, the plaintiff can file for divorce personally or hire a divorce lawyer in Singapore to handle the filing.
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After the divorce papers are submitted, they will be reviewed by the Family Court. If the documents are in order, the Court will schedule an uncontested hearing, typically within 4 to 6 weeks from the date of filing.
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If the judge is satisfied with the agreed-upon terms between both parties, the divorce will be granted and a document called the Interim Judgment will be issued.
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The Final Judgment will be issued after a waiting period of three months or when all the ancillary matters (if applicable) have been resolved, whichever is later. After this, the divorce is then finalised.
Contested Divorce
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The plaintiff should submit the divorce papers to the Family Court for review and approval.
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Once the Court approves the divorce papers, the plaintiff must serve the divorce papers to the defendant, informing them of the divorce proceedings.
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If the defendant did not contest the divorce within the specified timeframe, the plaintiff can request a date for a divorce hearing. If everything is in order, the Court will grant the divorce, and an Interim Judgment will soon be issued.
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Once an Interim Judgment is issued, divorcing couples with children under the age of 21 are required to attend a mediation and counselling session at the Family Dispute Resolution (FDR).
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If mediation does not resolve disagreements regarding divorce, child custody and care arrangements, maintenance, or the division of matrimonial assets, the case will proceed to an Ancillary Matters hearing.
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If the defendant contests the divorce, they must file a Defence and/or a Counterclaim. After the pleadings are closed, they will proceed to file their respective affidavits. These affidavits will provide more details of their allegations together with supporting evidence. After submitting all documents, the case will go to trial where the Court will determine whether a divorce should be granted.
The Role of Family Justice Courts
The Family Justice Courts in Singapore handle legal matters related to divorce, child custody, domestic violence, spousal support, ancillary, and probate. It is a judicial system that is composed of the Youth Courts, Family Courts, and Family Division of the High Court. These courts strive to provide harmony and fairness in family-related disputes, promoting reconciliation whenever possible and ensuring the welfare of children.
If you are considering filing a divorce, our team at Godwin Campos LLC is here to assist. With a proven track record of more than 2,000 satisfied clients, our lawyers can help you navigate the complexities of Singapore divorce law and support you throughout the process. Call us today at 6535 1306 for a consultation.
FAQs
What if one spouse refuses to acknowledge the separation?
If one spouse refuses to acknowledge the separation, the other can still proceed with a divorce under a four-year separation without consent. The Court will consider evidence that proves their separate living arrangements, even if the spouse denies it.
Are cultural or religious reasons considered valid grounds for divorce?
No, cultural or religious reasons are not considered valid grounds for divorce in Singapore. However, the Court may consider that these factors contribute to the irretrievable breakdown of marriage under unreasonable behaviour if the actions make living together intolerable.
When faced with a legal concern, it is key to have an experienced and supportive law firm on your side. Godwin Campos LLC is an award-winning law firm in Singapore and we offer free, non-obligatory first consultations to help you evaluate your situation better.