A relationship breakdown is difficult to deal with no matter the circumstances, but it’s particularly tough for those seeking to end a marriage.
Divorce can be an emotional process and you’d be forgiven for wanting a good divore lawyer to snap their fingers and get all the paperwork and legal processes over and done with as soon as possible.
But before asking a lawyer to commence proceedings, you should be aware of what constitutes grounds for divorce in Singapore. Unlike a casual relationship, marriage is a legal status which means you must meet strict criteria for it to be altered.
Each criteria varies between countries, so it’s particularly important for expats who have moved to Singapore to familiarise themselves with the relevant laws.
You must meet the following criteria to apply for a divorce with the Family Justice Courts:
- You or your spouse is a citizen or permanent resident of Singapore; or you or your spouse have lived in Singapore for a minimum of three years immediately preceding the divorce
- You have been married for at least three years, unless you have obtained special permission from the court by demonstrating exceptional hardship or extremely unreasonable and cruel behaviour by your spouse
- You have legal grounds for divorce
In essence, the only way to have legal Divorce grounds in Singapore is by proving the marriage has irretrievably broken down for at least one of the following five reasons.
1. Adultery
You will have grounds to file for divorce if your spouse has engaged in a sexual relationship with another person and you therefore find it intolerable to continue living with them. Note that you will need to provide evidence that this has occurred in the form of a confession, written evidence or a report from a private investigator. You will also need to file for divorce within six months of discovering the infidelity.
2. Unreasonable Behaviour
This is one of the more general reasons you may apply for a divorce and applies when your spouse is behaving so badly that you cannot possibly continue living together with them. This category covers a range of behaviours with examples including:
- Domestic violence
- Threat of domestic violence
- Verbal abuse
- Gambling addiction
- Substance addiction
- Financial irresponsibility
- Improper relationship with third party*
*As opposed to adultery, which specifically involves sexual intercourse, an improper relationship may be cited if your spouse has had a non-sexual but nonetheless inappropriate and damaging relationship with another person.
3. Desertion Of Two Years
When it comes to divorce, desertion is described as a person having abandoned their spouse for at least two years. You will need to prove that you have not been living together during this time and that your spouse has no intention of continuing the marriage.
4. Separation Of 3 Years (where your spouse consents to divorce)
Divorce through separation of three years is applicable when both parties have been living separately for at least three years and both consent to the divorce. This will not apply if you have been forced to live separately by nature of employment or any other reason, even if both of you provide consent. If you briefly reconciled before returning to your separation, you may still be able to apply under this category under certain conditions.
5. Separation Of 4 Years (where your spouse does not consent to divorce)
If your spouse does not consent to the divorce and has not behaved unreasonably, committed adultery or deserted you for two years, you will need to have been separated for at least four years before getting a divorce. Proof you are living apart is required, and you must demonstrate you have no intention of continuing the marriage regardless of whether your spouse consents.
At Tembusu Law, our divorce lawyers understand how difficult the end of a relationship can be. We have years of experience practicing family law in Singapore and work hard to ensure the process is as smooth as possible. Get in touch to find out how we can help.
6. Irretrievable Breakdown Of Marriage
Grounds of Divorce apply when the marriage has completely fallen apart, and there’s no hope of patching things up. A breakdown can happen for various reasons, like losing that emotional connection where you no longer feel any affection or support for each other.
It might also be due to constant fighting that never gets resolved, making living together unbearable. Sometimes, you and your spouse might have such different views on important things like values, goals, or parenting that staying together isn’t possible.
Lack of communication, leading to misunderstandings, resentment, and isolation in the marriage, can also signal an irretrievable breakdown.
7. Mental Illness
In some places, you can file for Divorce if your spouse has a severe mental illness that makes it impossible for them to fulfil their role in the marriage and usually requires a professional diagnosis confirming how severe the condition is.
The illness must be long-term and unlikely to improve, significantly affecting your spouse’s ability to contribute to the marriage. If their mental health issues make daily life and maintaining the relationship unmanageable, it can be grounds for Divorce.
8. Imprisonment
If your spouse is sentenced to a long period of imprisonment, you might have grounds for Divorce. The sentence’s length and the crime’s nature are vital factors here.
A long imprisonment can disrupt your life together, leading to a long separation and making it impossible to maintain a normal marital relationship. You must show how their imprisonment has impacted your marriage and life.
9. Sexual Incompatibility
Sometimes, persistent sexual incompatibility or refusal to engage in a physical relationship without a good reason can be grounds for Divorce, which usually needs to be a consistent and unresolved issue that affects the marriage.
If you and your spouse are sexually incompatible, it can lead to frustration, dissatisfaction, and emotional distance.
Suppose one spouse consistently refuses to engage in a sexual relationship without a valid reason. In that case, it can create a sense of rejection and undermine your bond, making it a valid reason for Divorce in some places.
10. Substance Abuse
If your spouse has a severe addiction to drugs or alcohol that they refuse to address, it can be grounds for Divorce. Substance abuse can cause significant problems in a marriage, like financial issues, neglect of responsibilities, and emotional or physical abuse.
Suppose your spouse’s addiction is making it impossible to keep a healthy and stable relationship, and they show no signs of wanting to get help or change their behaviour. In that case, seeking a Divorce can be a valid reason.
Conclusion About Grounds For Divorce In Singapore
Going through a Divorce is never easy, but knowing Singapore’s grounds for Divorce can help clarify things. Having the correct information and support is essential during this challenging time. Talking to a good family law professional can help discuss your options and protect your rights.
While the end of a marriage is always challenging, having the proper guidance can make the process smoother and help you move on to a better future. If you’re considering Divorce and need expert advice, reach out to Tembusu Law.
Our experienced lawyers of family law are here to support you and ensure the best possible outcome. Contact us today to find out how we can help.
Frequently Asked Questions About Grounds For Divorce In Singapore
What Evidence Is Required To Prove Unreasonable Behaviour In A Divorce Case?
Unreasonable behaviour can include various actions, such as verbal abuse, neglect, or financial irresponsibility. Evidence can include witness statements, emails, texts, or financial records showing the behaviour.
How Long Do I Need To Be Married Before I Can File For Divorce In Singapore?
In Singapore, you generally need to be married for at least three years before filing for Divorce unless you can prove exceptional hardship or depravity.
Can I Get A Divorce If My Spouse Is Uncooperative Or Refuses To Sign The Divorce Papers?
Yes, you can still get a Divorce if your spouse is uncooperative. In such cases, you may file for Divorce for unreasonable behaviour, desertion, or long-term separation.
What Happens If We Reconcile Briefly During The Separation Period?
Brief reconciliations during the separation period may not necessarily reset the separation clock. The Court will consider the duration and intent behind the reconciliation.
How Does The Court Handle Division Of Assets And Custody Of Children During A Divorce?
The Court considers factors like the financial contributions of both parties, the welfare of the children, and any pre-existing agreements when making decisions about asset division and child custody.
