Divorce in Singapore: The Ultimate 2024 Guide

Divorce is never an easy process. On top of the emotional turmoil, navigating the complexities of divorce by yourself can be both confusing and challenging to deal with. Whether you’re considering a divorce, in the midst of one, or simply want to understand the current landscape, our guide is designed to give you clear and up-to-date insights into the process, legal requirements, and essential information to help you through this life changing journey.

Before we dive right in, there are two legal routes worth mentioning that you might want to consider in ending your marriage - Annulment of Marriage, or, a Divorce.

Bear in mind that an Annulment of Marriage is not the same as a Divorce.

Click here to read our article about getting an Annulment of Marriage in Singapore.

Nevertheless, we’ve summarised the key differences between an Annulment and a Divorce for you below.

Annulment of Marriage or Divorce?

We have outlined the differences between the two legal routes for your consideration upon the end of your marriage. Depending on your unique circumstances and needs, you may opt to proceed along either path.

Let’s compare.

The benefit of an Annulment of Marriage lies in the fact that it declares a marriage null and void, as if it never existed. This can be advantageous for individuals who wish to completely erase any legal record of their marriage. On a similar note, it would be good to note that Divorce Records in Singapore are confidential. To access Divorce Certificates and Records in Singapore, individuals or their legal representatives must submit the appropriate form to the Family Court of Singapore.

On the other hand, deciding to proceed with a Divorce provides a more common and flexible option, allowing couples to dissolve their marriage while addressing ancillary matters such as child custody, child/spousal maintenance, division of matrimonial home and matrimonial assets, in a more structured and detailed manner.

Upon the considerations above, if you still feel that an Annulment of Marriage is a better route for you, we discuss all about it in our article here.

Whereas, if you decide that proceeding with a Divorce will better meet your circumstance, read on to find out more!

Alternatively, if you need help to decide which route might better suit your needs, or just to simply find out more, feel free to contact us. We can provide you with the information you need and help in laying down your options for you.

What Should I Consider Before Getting a Divorce?

Before we dive deeper, here are 5 key things to take into consideration before you start filing for a divorce.

Consideration 1: You need a reason for divorce.

Before pursuing a divorce, it’s essential to have a valid reason. Such reasons can be Adultery, Unreasonable Behaviour, Desertion, or Separation, as grounds for ending the marriage under the Singapore law.

Consideration 2: You need to know how your children should be looked after.

Understanding how your children will be cared for after a divorce involves decisions about their living arrangements, education, healthcare, and general well-being, which should be made in their best interests.

Consideration 3: You need to know how your matrimonial assets will be divided.

Couples must determine how their shared assets, including property, finances, and possessions acquired during the marriage, will be divided equally upon divorce.

Consideration 4: You need to know if you and/or your children need maintenance.

You need to assess whether either spouse or the children require financial support (maintenance) after the divorce. This is based on factors like financial needs and the standard of living established during the marriage.

Consideration 5: You need to know that a divorce can be resolved amicably.

Resolving the end of a marriage amicably involves open communication, negotiation, and potentially mediation to minimise conflict and reach agreements on divorce related matters without prolonged legal battles.

Once you have established these crucial aspects, we can now proceed to the second stage and discuss all about getting a Divorce in Singapore.

Want to find out more? Read our article here on “5 things you need to know before you get divorced.”

Am I Eligible for a Divorce?

Firstly, to file for a divorce in the Family Courts, certain criteria must be met by either you or your spouse:

• You must either be a Singaporean citizen or have resided continuously in Singapore for 3 years leading up to the divorce application.
• The marriage must have lasted for a minimum of 3 years. However, if your marriage is shorter than 3 years, you can only file for divorce with the Court’s permission.
• Your marriage should be registered under civil law. If you were married under Syariah law, the appropriate venue for divorce proceedings is the Syariah Court.

Understanding the Divorce Process

The divorce process in Singapore involves 2 stages:

1. The Court assesses whether there is sufficient reason for divorce.
2. The Court addresses ancillary matters such as child custody, maintenance, division of matrimonial assets, and the division of the matrimonial home.

Reason for Divorce

In Singapore, divorce is governed by the Women’s Charter, and it recognises only one sole ground for divorce: the irretrievable breakdown of marriage. To establish this, you may rely on certain facts including Adultery, Unreasonable Behaviour, Desertion and Separation.

Adultery

Adultery occurs when one spouse has sexual intercourse with someone other than their spouse. To use Adultery as a reason for divorce, the aggrieved party must prove this infidelity and establish that they find it intolerable to continue living together. Leaving the marital home within 6 months of discovering the adultery is essential to rely on for this reason.

Unreasonable Behaviour

Unreasonable Behaviour refers to a pattern of conduct by one spouse such a manner that makes it unreasonable or intolerable for the other spouse to continue living together. This behaviour can encompass various aspects, including emotional or physical abuse, excessive control, neglect, or any actions that significantly impact the marriage.

Desertion

Desertion occurs when one spouse willfully abandons the marital relationship and ceases to be part of the family unit. To establish desertion, the deserting spouse must shatter the familial relationship, leading to a continuous period of separation for at least 2 years. Separation for a continuous 2 year period is necessary for this reason.

Separation for Specific Periods

Separation for specific periods involves living separately from your spouse, either under the same roof or in different locations, for specific durations.

For divorce, you can consider either:

• A continuous period of 3 years with consent from both spouses.

  Or,

• A continuous period of 4 years without consent from your spouse.

This reason focuses on physical and mental separation, marking the end of the marital relationship.

Establishing the reason for divorce is an essential consideration when pursuing a divorce in Singapore, as it plays a significant role in divorce proceedings.

Ancillary Matters

Ancillary matters are issues that need to be addressed when a marriage ends, such as child custody and the division of matrimonial assets. They play a crucial role in determining the post-divorce arrangements and often require legal assistance to ensure fairness and clear outcomes.

Below are the main aspects of Ancillary Matters:

Child Custody

This aspect involves determining both legal and physical custody of the children. Legal custody covers decision-making authority for matters like education, healthcare, and religion, while physical custody determines where the children will reside and the schedule for visitation by the non-custodial parent. The family court also aims to ensure the children’s well-being and a healthy upbringing

Child/Spousal Maintenance

Child maintenance refers to the financial support provided by one parent to the other for the children’s needs, including education, healthcare, and daily expenses. Spousal maintenance, on the other hand, involves financial support from one spouse to the other after divorce, particularly when one spouse is financially disadvantaged. The court assesses the financial capabilities of both parties to determine the appropriate amounts.

Division of the Matrimonial Home

In the case of shared marital property, this aspect specifies how the home will be allocated or shared among the divorcing spouses. It may involve selling the property and dividing the proceeds, one spouse buying out the other party’s share, or arranging for one party to continue residing in the home. The goal is to provide clarity on the disposition of the family home after divorce.

Division of Matrimonial Assets

This aspect focuses on the equitable distribution of assets acquired before and during the marriage, such as real estate properties, investments, bank accounts, and savings. Essentially, all assets that were used for the family. The court considers various factors, including the contributions of each spouse, to ensure a fair division of these assets.

What about my Pet?

In the eyes of the law, pets are considered personal property, just like your furniture or car. So, during a divorce, they might be part of the matrimonial assets to be divided between you and your spouse.

If you want to claim custody of your beloved pet, you can gather some evidence or documents to show that you’ve been the primary caregiver.

This could include things like:

• Vet records to prove their health care.
• Notes on feeding and grooming routines.
• Receipts for expenses like food and medical bills.
• Statements from friends or family who can vouch for your role in taking care of your pet.

What about Joint Custody for my Pet?

While it is not officially recognized in Singapore law like it is for children. Pets are generally seen as property, and courts typically decide which spouse gets ownership. However, you and your soon-to-be-ex can still work out your own arrangement for shared custody or visitation rights if you both agree.

Remember, consulting with a family lawyer in Singapore can be a big help in handling pet custody matters during your divorce. They can give you personalised advice based on your situation and make sure your furry friend’s best interests are taken into account.

Ancillary Matters are crucial aspects of divorce proceedings in Singapore and require careful consideration and resolution to ensure a fair and legally sound outcome for everyone involved.

How to File for Divorce in Singapore?

Starting your divorce journey in this digital age can be overwhelming. With a sea of information and legal jargon, it might feel like stepping into an unfamiliar world. But fear not, we’re here to simplify the process for you, whether you’re considering ending your marriage or just simply curious.

Once you have established a valid reason for filing for divorce, divorce proceedings can now be commenced. You can commence divorce proceedings but should first decide if you will be representing yourself, or, be represented by a lawyer.

If you are representing yourself,

• You must prepare and file the necessary documents online through a Crimsonlogic Service Bureau.

If you are represented by a lawyer,

• Your lawyer will help you through the collating and filing of the necessary documents to the Court.

If you are the one initiating or filing for divorce, you are the “Plaintiff”.

Your spouse who receives the divorce papers from high court, is the “Defendant”.

Whether or not you choose to be represented by a lawyer, you may commence your divorce proceedings by filing the necessary documents below.

Writ of Divorce

The Writ of Divorce is a document that the Plaintiff must first file in Court in order for divorce proceedings to formally commence against his/her spouse.

Statement of Claim

The Statement of Claim is a document that contains the relevant facts that the Plaintiff is relying on for establishing that the marriage has irretrievably broken down. It outlines the Plaintiff’s legal claims, the basis for the writ for divorce, and the relief the Plaintiff seeks in terms of ancillary matters. It serves as the official notice of the divorce lawsuit. It formally informs the defendant (spouse) that a divorce case has been filed against them, providing details about the legal grounds for divorce and what the Plaintiff seeks in terms of Ancillary Matters.

Statement of Particulars

The Statement of Particulars is a document that highlights and explains in-depth the facts that the Plaintiff is relying on in the Statement of Claim. It includes specific details on the grounds for divorce, the history of the marriage, and important particulars related to child custody, care and control, access, matrimonial assets, and all other ancillary matters.

Brief Overview of the Divorce Process in Singapore

Step 1: Ensure you meet the minimum marriage duration requirement of at least 3 years.

Step 2: Prepare and submit essential court documents, including the Writ of Divorce, Statement of Claim, and Statement of Particulars.

Step 3: Serve the court documents to your spouse.

Step 4: Your spouse “the defendant” should file a Memorandum of Appearance and Defence.

Step 5: You and your spouse will attend mediation sessions to resolve issues amicably or narrow down disagreements.

Step 6: A hearing will be held to hear all the outstanding issues and the Court will make a decision. You will then receive an Interim Judgment.

Step 7: The Court will schedule another hearing to address and make decisions on the outstanding ancillary matters further.

Step 8: After at least 3 months from the Interim Judgment, the Court grants the Final Judgment.

Here’s a visual breakdown of the “8 Simple Steps” on How To Get a Divorce.

Contested vs. Uncontested Divorce in Singapore

Overview of Contested vs. Uncontested Divorce

• Contested Divorce occurs when one party disagrees with the divorce application, while Uncontested Divorce happens when both parties agree to end the marriage.
• Contested Divorce occurs when there are disagreements on issues such as grounds for divorce, division of assets, child custody, and spousal maintenance. Whereas, Uncontested Divorce is faster, less stressful, and more cost-effective.
• Contested Divorce requires multiple court hearings and can take significantly longer spanning over a few years.Whereas an Uncontested Divorce involves mutual agreement on all matters related to the divorce, therefore making it a quicker process.
• Before deciding on the type of divorce, consider factors such as the reason for the marital breakdown, children’s welfare, and the cost of proceedings.

What is a Contested Divorce?

A Contested Divorce arises when one spouse opposes the divorce application due to disagreement with the grounds or just plain refusal to end the marriage. Common examples of such disagreements include one spouse disputing the reason for divorce or the way that the ancillary matters should be decided. These matters typically involve disputes over asset division and child custody, necessitating court hearings for resolution. The opposing spouse can formally contest the divorce by filing a Memorandum of Appearance.

What is an Uncontested Divorce?

An Uncontested Divorce is a more amicable and cooperative process. Here, both parties agree to end the marriage and can resolve the divorce and all ancillary matters mutually, without lengthy negotiations or court trials. It’s typically faster, less stressful, and more cost-effective. Additionally, both parties will have greater control over the terms of their divorce, including asset division and child custody arrangements, rather than leaving these matters to be decided by the Court.

Court Procedures for Contested vs. Uncontested Divorce

The procedures for Contested and Uncontested Divorces differ significantly. Understanding these differences can help you navigate the divorce process more effectively.

Initial Filing and Documentation

In both Contested and Uncontested Divorces, the initial step involves filing the necessary divorce papers with the Family Justice Courts. The Plaintiff must submit a Writ of Divorce, a Statement of Claim and Statement of Particulars, which outline the grounds for divorce and other relevant details.

• In Contested Divorces, the respondent may file a Memorandum of Appearance to indicate their intention to contest the divorce. In addition, a Proposed Matrimonial Property Plan and Proposed Parenting Plan has to be filed as well.
• In Uncontested Divorces, the respondent may file a Memorandum of Appearance consenting to the divorce. In addition, an Agreed Matrimonial Property Plan and Agreed Parenting Plan has to be filed as well.

It’s important to ensure that all necessary legal documents are correctly filled and signed before submitting them.

Court Hearings and Resolutions

• Contested Divorces involve court hearings and resolutions to address the contested issues. The Court will review the evidence presented by both parties, including affidavits and witness testimonies, to make decisions on the reason for divorce and the ancillary matters. The Court may require multiple hearings to gather all the necessary information before reaching a Final Judgment.
• Uncontested Divorces do not typically require Court hearings unless there are exceptional circumstances. Instead, the Court will review the submitted documents, such as the Agreed Parenting Plan and Agreed Matrimonial Property Plan, and grant the Divorce if satisfied with the mutual agreement.

Can an Uncontested Divorce become contested?

In some cases, an Uncontested Divorce can become contested if one party changes their mind or disputes arise regarding the agreed terms. This can happen if there are disagreements over child custody, division of assets, or other crucial matters. If an Uncontested Divorce becomes contested, the divorce proceedings will need to follow the procedures for a Contested Divorce, including Court hearings and resolutions. It’s important to consult a divorce lawyer to understand your options and navigate the transition from an Uncontested to a Contested Divorce if necessary.

How do you decide the most suitable approach to Divorce?

Choosing the most suitable approach to Divorce - Contested or Uncontested Divorce depends on various factors specific to your situation. It’s essential to consider these 5 key factors before making a decision.

Factor 1: Reason for marital breakdown

Reflect on the reasons for the breakdown of your marriage and assess whether they can be resolved through mutual agreement or require court intervention.

Factor 2: Children’s welfare

Prioritise the well-being of your children and consider how each type of divorce may impact their lives. Ensure that any agreements regarding child custody, care, and support are in their best interests.

Factor 3: Division of assets

Discuss and agree upon how your assets, including properties, investments, and savings, will be divided. Consider the financial implications of each option.

Factor 4: Cost of proceedings

Contested Divorces generally involve higher fees due to court hearings and legal proceedings. Consider your budget and financial resources when deciding between a Contested and an Uncontested Divorce.

Factor 5: Other issues in the marriage

Address any other issues or concerns you may have regarding the marriage, such as ongoing conflicts or unresolved disputes.

Understanding the key differences and benefits of each is crucial. While Contested Divorce involves legal battles and disagreements, opting for a Simplified Uncontested Divorce route can lead to a smoother and quicker resolution. Consider your unique situation and seek legal advice when needed to navigate this challenging process effectively.

If you find yourself at a crossroads between a Contested and an Uncontested Divorce and need further guidance or assistance, feel free to get in touch with us today.

Conclusion

Navigating the complexities of divorce in Singapore requires a deep understanding of legal procedures and considerations. From eligibility criteria to financial implications and legal representation, this comprehensive guide covers all aspects of divorce thoroughly. Whether you’re contemplating divorce or seeking clarity on the process, this guide equips you with the knowledge to make informed decisions. Remember, seeking professional advice tailored to your specific situation is crucial. For personalised guidance and support through your divorce journey, don’t hesitate to reach out to us. Your path to a smoother divorce process starts here.

Ready to take the next step towards resolving your divorce?

Still unsure if you should proceed with an Annulment of Marriage or Divorce?

Our team at GuardianLaw is here to assist you.

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Frequently Asked Questions

What are the legal requirements for getting a divorce in Singapore?

To get a divorce in Singapore, you have to meet criteria such as being married for at least 3 years, and prove that the marriage has irretrievably broken down. The reasons for getting a divorce can be Adultery, Unreasonable Behaviour, Desertion, and Separation. Additionally, for you to be eligible, you must either be a Singaporean citizen or have resided continuously in Singapore for 3 years leading up to the divorce application.

Can I file for Divorce if I get married overseas?

Even if you got married outside of Singapore, you can initiate divorce proceedings in the country if either you or your spouse are Singapore Citizens or reside in Singapore. Make sure to fulfil the eligibility requirements and grasp the legal consequences concerning your marriage abroad before moving forward with the divorce process. Understanding these factors is crucial for navigating the complexities of international marriages and ensuring a smooth divorce procedure in Singapore.

How long does a typical Divorce Process take in Singapore?

The typical divorce process in Singapore can vary depending on factors like complexity and cooperation. On average, it may take around 4-6 months for an uncontested divorce and up to 1-2 years for a contested one. Factors like asset division and child custody can affect the timeline.

What are some common reasons that lead to Divorce in Singapore?

Financial disagreements, infidelity, lack of communication, and cultural differences are common reasons for divorce in Singapore. Stress from work and family responsibilities can also contribute to marital breakdowns. Understanding these factors is crucial when contemplating divorce.