Alternative To Divorce In Singapore: 5 Alternative Options

Couples facing marital difficulties might seek alternatives to divorce for various reasons, such as the desire to stay legally married while addressing issues or avoiding the complexities of a traditional divorce.

This article explores alternatives to divorce to help you make an informed decision about the best path forward. We’ll cover separation, which allows couples to live apart while remaining legally married, and annulment, which treats the marriage as if it never existed.

Additionally, we’ll discuss divorce mediation, Collaborative Family Practice (CFP), and counselling services. These alternatives offer different ways to address marital issues and may provide viable solutions depending on your situation.

#1. Separation Proceedings

Separation in Singapore is an alternative to divorce that allows couples to live apart while staying legally married. This option is often chosen by couples who wish to contemplate reconciliation, maintain their religious commitment to marriage, or avoid the emotional and financial toll of divorce proceedings.

Unlike divorce, there are no prerequisites to commence separation, making it a more accessible option for those who need time apart without severing legal ties. Separation is also used to prove the irretrievable breakdown of a marriage when seeking a divorce later on.

During separation, both parties lead separate lives, often involving physical separation and the cessation of spousal duties such as cooking or washing for each other.

Couples may live in the same house but must demonstrate that they no longer fulfil the roles and responsibilities typical of a marital relationship. The separation period is critical for reflection, allowing both individuals to assess their relationship and consider the possibility of reconciliation.

Separation proceedings can be initiated informally or through legal means, depending on the couple’s preferences and circumstances.

Whether through a mutual agreement or formal Court order, the separation process offers a way to manage the complexities of a troubled marriage without immediately resorting to divorce.

In Singapore, couples seeking to live apart while remaining legally married have several options for separation.

These include:

• Judicial Separation
• Deed of Separation
• Informal Separation

Each type of separation offers different levels of formality and legal protection, catering to the specific needs and circumstances of the couple involved.

Judicial Separation

Judicial separation is a formal process sanctioned by the Court under Section 101 of the Women’s Charter. It is a legal procedure that requires proof of an irretrievably broken marriage.

Once the Court is satisfied, it issues a Court order that releases both parties from marital obligations, allowing them to live separately while remaining legally married.

This process is similar to divorce proceedings in that it involves the Court making decisions about financial support, property division, and child custody.

Judicial separation is typically pursued when couples do not wish to be formally divorced, often due to religious or personal reasons.

Unlike a divorce, judicial separation does not dissolve the marriage, meaning the parties cannot remarry. However, it provides a legally binding framework for living apart, including financial agreements and arrangements for children.

The process involves both parties filing for an official judgement of separation. To qualify, the couple must have been married for at least three years, and the marriage must be proven to have broken down irretrievably.

A judicial separation is particularly suitable when one spouse is likely to ignore a Deed of Separation, as failure to comply with a Court order is a legal offence. This deterrent can be crucial in ensuring adherence to the terms of separation.

Deed Of Separation

A Deed of Separation is a legal contract that outlines the terms and conditions under which a couple will live separately. Unlike judicial separation, no Court proceedings are required to establish this arrangement.

The deed can include provisions for living arrangements, financial support, property division, and child custody. It is usually drafted by a lawyer and becomes a binding agreement once both parties sign it.

This type of separation is useful for couples contemplating divorce in the future, as the deed often addresses issues typically resolved during ancillary proceedings in a divorce.

By agreeing on these matters in advance, the couple can streamline the divorce process should they choose to proceed after the separation period. The Deed of Separation allows the parties to lead separate lives while still legally married, providing a structured yet flexible approach to managing a troubled relationship.

While the Deed of Separation is less formal than judicial separation, it still requires careful consideration and legal advice to ensure that all aspects of the separation are adequately covered.

The deed can be an essential tool for couples seeking to avoid the emotional and financial toll of divorce proceedings while clearly understanding their rights and responsibilities during the separation period.

Informal Separation

Informal separation is the most flexible type of separation, allowing couples to live apart based on mutually agreed terms without involving the Court.

In this arrangement, parties can continue to live in the same house but must lead separate lives, including being financially independent and ceasing spousal duties. This type of separation is often chosen by couples who need time apart to reflect on their relationship without the constraints of a formal legal process.

Physical separation generally involves living in separate rooms or even different locations, depending on the couple’s circumstances. The key to informal separation is that both parties must agree on the terms and clearly demonstrate that they are no longer fulfilling their marital roles.

This form of separation can be a stepping stone toward reconciliation or a precursor to more formal proceedings like a Deed of Separation or judicial separation.

Informal separation offers the least administrative burden and cost, making it an attractive option for couples who wish to avoid the complexities of legal separations. However, it also lacks the legal protections and enforceability of a Court order, which can be a drawback if one party fails to honour the agreed terms.

Couples choosing informal separation should carefully consider their living arrangements, financial accounts, and child custody plans to ensure that both parties’ needs are met during this period.

Advantages And Disadvantages Of Separation Compared To Divorce Proceedings

Separation offers an alternative to divorce for couples who wish to live apart while remaining legally married. This option can be appealing for various reasons, but it also comes with its own set of challenges.

Advantages:

1. Time for Reflection and Reconciliation: Separation allows couples to take a step back and reflect on their relationship without the finality of divorce proceedings. This period of physical separation can provide the space needed for both parties to evaluate their marriage and contemplate reconciliation. For couples who are uncertain about divorce or who want to avoid the emotional fallout, separation can be an easier alternative.
2. Avoiding Legal Complexities: Unlike divorce, separation does not require prerequisites such as proving that the marriage has irretrievably broken down. This makes separation proceedings more straightforward and less stressful. Additionally, couples can avoid the legal fees associated with divorce proceedings, particularly if they opt for an informal separation or a Deed of Separation, where they agree on terms themselves.
3. Flexibility in Financial Arrangements: Separation offers greater flexibility in managing financial arrangements. Married couples can mutually decide on the division of property and financial accounts without the Court’s intervention. This flexibility allows couples to tailor their financial and living arrangements to their specific needs, which can make the process less contentious.

Disadvantages:

1. Lack of Final Resolution: While separation provides an alternative to divorce, it does not offer a final resolution. Couples remain legally married, which can leave unresolved issues and emotional uncertainty. This ongoing state of being legally separated but not divorced may not suit couples who wish to start anew or need closure.
2. Unresolved Legal Rights and Responsibilities: Separation may leave some legal rights and responsibilities unclear. Since couples remain legally married, issues related to spousal duties, financial support, and the division of jointly owned property can become complicated. In cases where the spouse’s consent is required for certain legal actions, being only legally separated can create difficulties.
3. Lack of Legal Closure: Unlike divorce, which provides a definitive end to a marriage, separation does not offer the same legal closure. This can be problematic for couples who want to fully separate their lives and move on. For some, the lack of finality may lead to ongoing disputes over ancillary matters, making separation less suitable for couples who need a complete break.

Separation can be a valuable option for couples seeking alternatives to divorce, offering time for reflection and flexibility in living arrangements. However, it also has its limitations, particularly for those who require a clear and final resolution to their marriage.

 

#2. Annulment

An annulment is a Court order declaring that a marriage is null and void, meaning it is treated as if it never existed. While both an annulment and a divorce result in the end of a marriage, they differ significantly in their effects.

A divorce legally recognises that the marriage once existed but has now been terminated. In contrast, an annulment erases the marriage as if it was never legally recognised.

When a marriage is annulled, all property and liabilities are returned to their original owners, as the marriage is considered void.

This differs from a divorce, where matrimonial assets are divided between the parties based on factors such as each party’s needs post-divorce and their contributions to the assets during the marriage.

Therefore, while both processes dissolve a marriage, an annulment offers a clear distinction by rendering the marriage legally nonexistent.

Couples considering an annulment as an alternative to divorce should seek legal advice to understand their options. Consulting with a Singapore divorce firm can help clarify whether an annulment is appropriate for their situation and guide them through the legal process.

Annulments differ from religious annulments, which may have separate requirements and implications. It’s essential to differentiate between a legal annulment, which affects your legal status and assets, and a religious annulment, which may only affect your standing within a religious community.

Eligibility Criteria For Annulment

To be eligible for an annulment, your marriage must be classified as either void or voidable. A void marriage is one that was never valid from the start, often due to not meeting the fundamental legal requirements. For example, a marriage is considered void if:

• The marriage was between parties of the same sex.
• One party was already married to someone else.
• Either party was under 18 years old.
• The marriage did not fulfil the procedural requirements under the Women’s Charter 1961.
• The parties are related under the provisions of the Women’s Charter 1961.
• No marriage between persons who are Muslims shall be solemnised or registered under the Women’s Charter. (Section 3(4))

In contrast, a voidable marriage is one that was initially valid but contains defects that can render it void. Grounds for voidable marriages include:

• Non-consummation of the marriage due to incapacity or wilful refusal by either party.
• Lack of valid consent from either party due to duress, mistake, or mental disorder.
• One party was suffering from a mental disorder at the time of the marriage, making them unfit for marriage.
• The defendant (the party who did not initiate the annulment) was suffering from a communicable venereal disease at the time of the marriage.
• The defendant was pregnant by someone other than the plaintiff at the time of the marriage.

Couples seeking an annulment based on these criteria must provide sufficient evidence to prove the presence of these defects, as the marriage remains legally valid until nullified by a Court order.

Advantages And Disadvantages Of Annulment Compared To Divorce Proceedings

When ending a marriage, couples may consider annulment as an alternative to divorce. While both processes legally dissolve a marriage, annulment treats the marriage as though it never existed, offering a distinct legal resolution.

However, like any legal option, annulment comes with its own set of advantages and disadvantages compared to traditional divorce proceedings.

Advantages

• One significant advantage of annulment over divorce is the absence of a three-year waiting period. Couples can seek an annulment at any time after the marriage if they meet the eligibility criteria. Once an annulment is granted, your marital status reverts to “single” rather than “divorced,” which some may find less emotionally taxing or socially stigmatising.
• Another advantage is that annulment does not affect the legitimacy of children born during the marriage. This can be particularly important for those concerned about the legal status of their children.

Disadvantages

• However, annulment is only available for marriages that are either void or voidable, which limits its applicability. Proving eligibility for an annulment can be challenging, as it often requires clear evidence of specific conditions like non-consummation or lack of consent.
• Additionally, annulments can still involve legal complexities, particularly in dividing property and addressing financial arrangements. While it offers a different type of legal resolution, it may not be suitable for every situation, especially if the grounds for annulment are difficult to establish.
• In contrast to divorce proceedings, which can address ancillary matters like spousal support and the division of jointly owned property, annulments may not provide the same level of legal closure. For some couples, divorce might be the only choice if an annulment is not an option.

 

#3. Divorce Mediation

Divorce mediation is a process where a neutral third party, known as a mediator, helps couples reach agreements on key issues without the need for Court intervention. This approach is particularly useful for resolving matters such as the division of property, custody arrangements, and financial matters.

Unlike traditional divorce proceedings, mediation encourages cooperative problem-solving, allowing both parties to have a say in the final outcome. By focusing on dialogue rather than conflict, mediation can be less adversarial and more cost-effective.

Additionally, having a divorce lawyer by your side during mediation can ensure that the terms agreed upon are fair and reasonable, protecting your interests throughout the process.

 

#4. Collaborative Family Practice (CFP)

Collaborative Family Practice (CFP) is an emerging approach in divorce proceedings in Singapore that emphasises cooperation between both parties. In CFP, each party engages a CFP-trained lawyer to work together towards a mutually agreeable settlement.

The process is built on the commitment to full disclosure, open communication, and maintaining amicable relationships post-divorce.

Unlike traditional divorce, which can be contentious, CFP fosters an environment where both parties can explore creative solutions tailored to their unique circumstances.

The involvement of other professionals, such as financial experts or therapists, is common to support the process. However, if the CFP fails and the case goes to litigation, the CFP lawyers must withdraw, ensuring that the collaborative spirit remains intact during negotiations.

 

#5. Counselling Services

Counselling services are vital in helping couples address relationship issues and improve communication. For those who are unsure about divorce, marriage therapy provides a safe space to reassess and strengthen their relationship.

During therapy sessions, a professional counsellor guides couples in discussing past behaviours and traumas that have impacted their relationship.

Counselling can help couples better understand each other’s perspectives by identifying emotional patterns and addressing conflicts, ultimately leading to a stronger relationship.

Counselling services offer various benefits, including professional guidance to resolve conflicts and support in improving communication.

These services can be particularly helpful for couples seeking to save their marriage or clarify their next steps. The type of counselling that best suits you will depend on your unique situation and goals.

In Singapore, there are several types of counselling agencies available:

Government Accredited Counselling Agencies

These agencies are approved by the Ministry of Social and Family Development and offer various services, including marriage counselling. Here are the following examples:

• Online Counselling on Family Assist: Offers counselling on pre-marital, marital, parenting, and divorce issues.
• Touch Community Services: Provides marriage counselling to help couples navigate their challenges. (Email: familylife@touch.org.sg, Tel: 6377 0122)
• Reach Community Services: Specialises in counselling for extra-marital affairs and marital and family relationships. (Email: counselling@reach.org.sg, Tel: 6801 0730)

Independent Counselling Agencies

These include secular organisations, such as voluntary welfare organisations and Family Service Centres. For example, Counselling and Care Centre offers couple/marital and family therapy. Here’s their contact information:

• Email: info@counsel.org.sg
• Tel: +65 6536 6366

Religious Organisations

Many churches, temples, and other religious organisations also provide counselling services. And Catholic Family Life specialises in family and marital therapy. (Tel: 6488 0278)

If you are religious, you may wish to check with your place of worship to see if they offer counselling services.

 

Conclusion About The Alternatives To Divorce

Exploring alternatives to divorce can offer couples different avenues to address their marital challenges. These options allow you to stay legally married while working through issues that might otherwise lead to a divorce.

Whether it’s the legal resolution of an annulment, the cooperative approach of mediation, the collaborative nature of CFP, or the supportive environment of counselling, each alternative provides a unique way to navigate marital difficulties.

Before deciding about divorce, it’s crucial to consider these alternatives and seek professional advice to determine the best course of action for your specific circumstances.

Every couple’s situation is different, and understanding your options can lead to a more informed and thoughtful decision.

If you’re facing a challenging family situation and need legal advice, Tembusu Law is here to help. Our team of dedicated family and divorce lawyers in Singapore provides comprehensive legal support throughout all stages of the divorce process. It can guide you through managing difficult family law disputes.

Whether you need assistance with child custody, the division of matrimonial assets, or other family law matters, we are committed to helping you achieve the best possible outcome.

Contact our team of Singapore Divorce Lawyers for a free consultation on your case today, and let us provide you with the clarity and peace of mind you deserve.

 

Frequently Asked Questions About The Alternatives To Divorce

Can A Marriage Be Annulled If It Has Lasted For Several Years?

Yes, a marriage can be annulled even if it has lasted for several years, but it must meet specific criteria. Annulments are typically granted based on grounds that the marriage was void or voidable from the start, such as lack of valid consent or incapacity.

However, proving these grounds can be more challenging in a long-term marriage, and it’s essential to consult a legal expert to assess whether your case meets the requirements for annulment.

Does Annulment Affect The Legitimacy Of Children Born During The Marriage?

No, annulment does not affect the legitimacy of children born during the marriage. Children born to a couple whose marriage has been annulled are still considered legitimate and have the same rights as children born in a valid marriage.

Annulment only addresses the validity of the marriage itself and does not impact the status or rights of any children from the relationship.

Can Separation Or Annulment Be Reversed If Both Parties Decide To Reconcile?

Separation can be reversed if both parties decide to reconcile, as it does not legally end the marriage but merely changes the living arrangements.

Annulment, however, cannot be reversed because it legally declares that the marriage never existed. If a couple who has undergone annulment wishes to reconcile, they would need to remarry legally to restore their marital status.

Are There Specific Deadlines For Filing For Annulment Or Separation In Singapore?

There are no specific deadlines for filing for separation in Singapore, as separation simply involves the couple living apart without ending the marriage legally.

There are no strict deadlines for annulment, but it’s advisable to act promptly, as the grounds for annulment may become harder to prove over time. Consulting a legal expert can help ensure that you meet any relevant requirements and deadlines for pursuing an annulment.