Divorce is a significant legal step for couples in Singapore, impacting their future and well-being. Understanding the divorce process in Singapore is crucial for those considering this option, especially given that there were 7,118 divorces and annulments in 2023, a slight increase from 2022.
This article covers essential aspects of the divorce process, including legal requirements, steps involved, and timelines. It also discusses how divorce proceedings depend on various factors and what you need to do to get a divorce in Singapore, ensuring a smooth transition during this challenging time.
What Is Divorce In Singapore?
In Singapore, the divorce process is a structured, two-stage process applicable to both contested and uncontested divorces.
The first stage is known as the dissolution of marriage, where the Family Justice Courts will determine whether the marriage has irretrievably broken down. If the Court finds that this is the case, it will issue an Interim Judgment to officially dissolve the marriage.
The second stage of the divorce process is the ancillary matters stage, where the Court addresses how the parties’ affairs will be managed following the divorce. This includes important decisions regarding spousal maintenance, child custody, and the division of matrimonial assets.
After the Interim Judgment is granted, parties can only apply to make it final three months later or upon settling all outstanding ancillary matters, whichever occurs later. Following this, the parties will receive a certificate of Final Judgment, which concludes the divorce proceedings.
In this process, the individual filing for divorce is referred to as the “plaintiff,” while the other spouse defending against the divorce is called the “defendant.” Understanding these roles is crucial as they impact how the Court process unfolds.
What Are The Grounds For Divorce In Singapore?
In Singapore, the sole legal ground for divorce is that the marriage has irretrievably broken down. This must be proven for a divorce application to be successful. According to Section 95(3) of the Women’s Charter, there are several ways to demonstrate that a marriage has irretrievably broken down:
- Adultery: If the Defendant has committed adultery and the Plaintiff finds it intolerable to live with them, this can serve as grounds for divorce. It is important to note that for adultery to be established, there must be sexual intercourse between the married individual and someone who is not their spouse.Additionally, if the Plaintiff continues living with the Defendant for more than six months after discovering the adultery, they may lose the right to rely on this ground.
- Unreasonable Behaviour: This ground applies when one partner has behaved so that the other cannot reasonably be expected to live with them.Examples of unreasonable behaviour may include domestic violence, verbal abuse, financial irresponsibility, or a lack of affection and respect. The Plaintiff must provide evidence that Defendant’s behaviour has made it untenable to continue the marriage.
- Desertion: If one spouse has deserted the other for at least two years with no intention of returning, this can be cited as grounds for divorce. The deserting spouse must have left without providing reasonable justification for their actions.
- Separation: Parties can claim separation after living apart for at least four years (or three years if the Defendant consents to the divorce).Living apart does not require physical separation in different homes; as long as the couple has been living separate lives, this can be sufficient to establish this ground.
- Mutual Agreement: Starting from 1 July 2024, couples can also cite mutual agreement as grounds for divorce.This requires both parties to agree that the marriage has irretrievably broken down and to have made attempts at reconciliation while considering all ancillary matters, including financial and child custody issues.
The choice of grounds for divorce can significantly impact the proceedings. Each ground has different evidentiary requirements and implications for how the divorce process unfolds.
For instance, an uncontested divorce, where both parties agree on the reason for divorce and all ancillary matters, can lead to a quicker resolution. An Interim Judgment is issued within four weeks, and a Final Judgment is granted three months later.
What To Do Before Filing For Divorce?
Before initiating the divorce process in Singapore, there are several essential steps to take. First, gather all necessary documentation to support your divorce application.
This includes your marriage certificate, financial records, and any relevant documentation regarding child custody if you have children. Having these documents ready will streamline the process and make it easier to navigate the Family Justice Courts.
If you and your spouse have at least one child under 21 years old and cannot agree on the legal grounds for divorce or any ancillary matters, you will be required to attend a Mandatory Parenting Programme.
This programme, conducted by counsellors from the Divorce Support Specialist Agencies, is designed to help divorcing parents prioritise their children’s needs and well-being.
It is also advisable to seek legal advice from experienced divorce lawyers. They can help you understand your rights and obligations before proceeding with the divorce application.
Consulting a family lawyer can provide clarity on what to expect during the divorce proceedings and assist you in preparing your case, especially if you anticipate a contested divorce.
Eligibility Criteria For Filing A Divorce In Singapore
To file for divorce in Singapore, certain eligibility criteria must be met, as outlined in sections 93 and 94 of the Women’s Charter.
First, either you or your spouse must be a Singapore citizen or Permanent Resident (PR), or you must have been domiciled in Singapore at the beginning of the divorce process. Alternatively, you must have lived in Singapore for the three years immediately preceding the divorce application.
The second requirement is that the parties must have been married for at least three years. This duration can be waived if the party filing for divorce can demonstrate that they have suffered exceptional hardship or that their spouse has exhibited exceptionally unreasonable and cruel behaviour.
It is also crucial to establish that there has been an irretrievable breakdown of the marriage, which is the sole ground for divorce in Singapore. This breakdown must be proven to the Court, and it may be based on reasons such as adultery, unreasonable behaviour, or separation.
If you are unsure about the criteria or the process, consulting with experienced family lawyers can be beneficial. They can provide guidance tailored to your circumstances, including scenarios involving a missing spouse or instances where a spouse refuses to cooperate in the divorce proceedings.
Note that the requirements outlined above may differ if you were married under Muslim law, so it is advisable to seek specific information on that process if applicable.
Step-By-Step Divorce Procedure In Singapore
Navigating the divorce process in Singapore involves several stages, each with specific legal requirements and procedures. Proper legal representation is crucial at every stage to ensure the best possible outcome. Here’s a breakdown of the key stages involved in the Singapore divorce process:
Stage 1: Termination Of Marriage
The first step in the divorce process is the termination of marriage, initiated by filing a Writ for Divorce. The party filing the Writ is known as the Plaintiff, and the party against whom the action is brought is the Defendant. If a third party is involved due to adultery, they are referred to as the Co-Defendant.
Before commencing divorce proceedings, the Plaintiff’s solicitors will send a Standard Query Form to the Housing and Development Board (HDB) and the CPF Board to determine the financial standing related to your property and CPF balance.
The HDB enforces rules governing the use of flats, ensuring compliance during the divorce process. This step typically takes about one month.
To formally commence divorce proceedings, the following documents must be filed in the Family Court:
- Writ for Divorce: The main document initiating the divorce.
- Statement of Claim: Specifies the facts supporting the Plaintiff’s request for divorce.
- Statement of Particulars: Details the facts outlined in the Statement of Claim.
- Proposed Parenting Plan: Required if there are children under 21. If both parties agree on the children’s care, an Agreed Parenting Plan is filed.
- Proposed Matrimonial Property Plan: Pertains to the division of an HDB flat between the parties.
- Agreed Matrimonial Property Plan: Filed if there is mutual agreement on the flat’s division.
- Acknowledgement of Service and Memorandum of Appearance: Documents confirming the Defendant’s receipt of divorce papers.
Once the Writ for Divorce is filed, it is served on the Defendant via personal service if the Plaintiff knows the Defendant’s address. This service process typically takes two to four weeks.
If the Defendant cannot be served after two attempts, the Plaintiff can request Substituted Service from the Family Court.
This may involve posting the divorce papers to the Defendant’s last known address, emailing them, or posting on the Notice Board of the Family Court. This step may take about a month.
If the Defendant’s address is unknown but believed to be in Singapore, the Plaintiff can apply for Substituted Service by posting the Notice of Proceedings at the last known address, on the Notice Board, or through a newspaper advertisement.
The Defendant has 8 days to enter an appearance and indicate whether they intend to contest the divorce or the ancillary matters. If the Defendant does not respond, the Plaintiff can proceed by filing an Affidavit of Service and setting the case down for trial.
Contested vs. Uncontested Divorce
- Uncontested Divorce: If the Defendant does not contest the divorce writ, the Plaintiff can set the case down for an uncontested hearing. The earliest trial date can be within a month, with a possible hearing within 10 days of setting down.A hearing date will be provided, and the requirement for attendance is often waived unless the Court mandates it. The hearing usually lasts 5-10 minutes, and if the judge is satisfied, an Interim Judgment is granted, to be made final after three months.
- Contested Divorce: If the Defendant contests the Writ, they have 22 days from service of the Writ to file a Defence in the Family Court. If no defence is filed within the stipulated time, the Plaintiff can set the case down as uncontested.If the Defendant files a Defence and Counterclaim, the Plaintiff has 14 days to respond. Contested cases may involve Pre-Trial Conferences (PTCs) to identify common ground and narrow issues for the Court.If mediation fails, a trial date will be set, and the trial typically lasts one day. Affidavit evidence is submitted, and both parties and witnesses are cross-examined.
Once the Writ for Divorce and accompanying documents are filed and served on the Defendant, they must decide whether to contest the divorce and/or the ancillary matters within 8 days.
Stage 2: Ancillary Matters
Prior to the hearings on ancillary matters, both parties are required to file Affidavits of Assets and Means. This stage addresses crucial issues like child custody, spousal maintenance, and the division of matrimonial assets.
Properly handling these matters ensures that the divorce is fair and that the needs of both parties and any children involved are met.
Types Of Ancillary Matters
The ancillary matters in a Singapore divorce process typically include:
- Child Custody: Deciding who will have legal custody, care, and control of the children. The Court will consider the welfare and best interests of the children when making custody decisions.
- Spousal Maintenance: Determining the amount and duration of financial support that one spouse must provide to the other, especially if there is a significant disparity in income or financial resources.This is assessed based on various factors, including the duration of the marriage, the standard of living during the marriage, and each party’s financial needs and ability to contribute.
- Division of Matrimonial Assets: This involves the equitable distribution of all assets acquired during the marriage, such as property, savings, and investments.
The Court considers contributions made by both parties, whether financial or non-financial, in determining how the assets should be divided.
The Role Of Mediation
Mediation plays a crucial role in resolving ancillary matters amicably. The family Court may order a mediation session where both parties can negotiate and attempt to reach an agreement on these matters with the help of a neutral mediator.
This approach often leads to more satisfactory outcomes for both parties and can help avoid a lengthy and contentious Court process. If mediation is successful, the agreed terms will be recorded and submitted to the Court.
Court’s Role In Finalising Ancillary Matters
If mediation does not resolve all issues, the ancillary hearing date will be set by the Court.
During this hearing, both the Plaintiff and the Defendant will present their respective affidavits of assets and means, along with any other relevant documents. The Court will then review the evidence and make final decisions on all outstanding ancillary matters.
If the net value of the estate exceeds $1.5 million, the case may be transferred to the High Court, where the more complex matters will be handled. This decision is usually made after the parties have exchanged their affidavits and other necessary documents.
Once all ancillary matters have been resolved and at least three months have passed since the Interim Judgment, both parties can apply for the Final Judgment. This marks the official end of the marriage, with all matters settled and the divorce legally recognised.
The family Court’s role is to ensure that the division of assets, child custody arrangements, and spousal maintenance are fair and just.
The Court’s final orders on these matters are binding. Once issued, the divorce writ proceeds to the final stages, where the marriage is officially dissolved with the issuance of a decree absolute.
Conclusion About The Divorce Procedure In Singapore
The divorce process in Singapore involves several critical stages, from the initial filing to resolving ancillary matters like child custody, spousal maintenance, and the division of matrimonial assets.
Understanding each step, including the importance of the Interim Judgment and the role of Court mediation, is essential to ensure a smoother and more efficient process.
Given the complexities involved and the potential for disagreements, seeking professional legal advice is crucial. Divorce lawyers can guide you through the process, help you understand your rights, and work towards a fair resolution, whether through Court hearings or mediation sessions.
For anyone going through a divorce, it’s important to know that support is available at every stage. If you’re facing a divorce in Singapore, Tembusu Law‘s team of dedicated family and divorce lawyers is here to assist.
We offer expert legal advice and representation, helping you navigate the complexities of family law disputes and all stages of the divorce process in the Family Justice Court.
From contested divorces to child custody, division of matrimonial assets, and more, we are committed to ensuring your case is handled with the utmost care and professionalism.
Contact Tembusu Law today for a free consultation and let us provide you with peace of mind, knowing that your legal matters are in the good hands of one of Singapore’s leading law firms.
Frequently Asked Questions About The Divorce Procedure In Singapore
How Long Does The Divorce Process Typically Take In Singapore?
The divorce process in Singapore typically takes 4 to 5 months for an uncontested divorce. However, if the divorce is contested, it can take 12 months or longer, depending on the complexity of the case.
Can I Apply For A Divorce In Singapore If My Spouse Lives Overseas?
Yes, you can apply for a divorce in Singapore even if your spouse lives overseas. However, you must ensure that your spouse is served with the divorce papers, which may involve additional legal procedures depending on the country they reside in.
Do I Need A Lawyer To Go Through The Divorce Process In Singapore?
While it is possible to file for divorce in Singapore without engaging a lawyer, doing so may complicate the process. Without legal representation, you are still required to meet all procedural and legal requirements, which can be challenging without legal expertise.
Am I Entitled To Spousal Maintenance After A Divorce?
Spousal maintenance is not automatically granted after a divorce in Singapore and is determined based on factors like the financial needs of the spouse, the standard of living during the marriage, and each party’s earning capacity.
The Court will decide whether spousal maintenance is necessary and the amount based on these considerations.
