Singapore’s New Law 2024: Divorce by Mutual Agreement (DMA)

Discover how the new Divorce by Mutual Agreement (DMA) law, effective July 1, 2024, simplifies the divorce process in Singapore. Learn about the eligibility criteria, required submissions, and the benefits of DMA.

Liane Yong

Liane Yong

Lawyer, Managing Director

9 min read •

At Guardian Law, we understand the importance of staying updated with the latest changes in family law. Effective from July 1, 2024, Singapore will be introducing the Divorce by Mutual Agreement (DMA) law, a significant change that aims to simplify the divorce process and reduce conflict between parties. This article will guide you through what Divorce by Mutual Agreement (DMA) is, its significance, and how this new law can benefit you when seeking a divorce in Singapore.

Understanding Divorce by Mutual Agreement (DMA)

What is Divorce by Mutual Agreement (DMA)?

The DMA law allows couples to divorce by mutual consent, meaning both parties agree that their marriage has irretrievably broken down. This new law aims to simplify the process, reduce emotional strain, and foster a more cooperative environment. Unlike the traditional grounds for divorce (adultery, unreasonable behaviour, desertion, and separation), DMA focuses on mutual agreement, making the divorce process smoother and less adversarial.

Eligibility Criteria

To use the DMA route, both you and your spouse must meet the following criteria:

  • Mutually agree that the marriage has irretrievably broken down.
  • Both parties must consent to the divorce.
  • Must have been married for at least 3 years before filing for DMA divorce.

How to Rely on Divorce by Mutual Agreement (DMA)

Here’s how you can rely on DMA:

  1. Mutual Agreement

    Both of you need to be on the same page about the divorce. There can be no one-sided decision; both parties must be on board.

  2. Filing for Divorce

    Both parties jointly file for divorce, stating mutual agreement as the reason.

  3. Required Documentation

    Gather and submit necessary documents, including:

  • Your marriage certificate.
  • Proof of mutual consent.
  • Written reasons explaining why you believe your marriage cannot be reconciled. This should detail:
  • The efforts you made to work through your differences and reconcile.
  • Proposed arrangements regarding children (if any) and financial matters post-divorce, including financial affairs.

🔎 Case Example: Proof of Efforts and Arrangements

John and Jane’s Written Submission

Background: John and Jane have been married for 12 years but have grown apart over time. Despite their best efforts to reconcile, they have decided that it’s in their best interests to divorce amicably.

Efforts to Reconcile:

🗣️ 1. Counselling Sessions

Description: Over the past year, John and Jane attended multiple counselling sessions with a licensed marriage counsellor.

Proof: While they may not have formal attendance records, they can provide a letter or statement from the counsellor confirming that they participated in counselling sessions aimed at reconciliation. Alternatively, they could submit evidence such as invoices or receipts for the counselling services as proof of their efforts.

Summary: Despite these efforts, both parties felt that they could not resolve their differences and that continuing the marriage was not workable.

⏰ 2. Time Apart

Description: John and Jane agreed to live separately for 6 months to reflect on their marriage and see if distance could help mend their relationship. During this period, they each moved in with their respective parents.

Proof: They included documentation of their separate residences, such as statements from their parents confirming their living arrangements, along with any relevant mail or utility bills addressed to them at their parents’ homes.

Summary: During this time, they realised that living apart made them feel more at peace and confirmed their desire to divorce.

Proposed Arrangements:

🧒 1. Children

Description: John and Jane have two children, aged 10 and 8. They have agreed to a shared care and control arrangement where the children will spend alternate weeks with each parent.

Proof: They submitted a detailed parenting plan outlining the care and control schedule, holiday arrangements, and how they plan to handle school activities and medical decisions for the children.

Summary: Both parents emphasise their commitment to co-parenting amicably and putting their children’s needs first under this shared care and control arrangement.

💲2. Financial Matters

Description: John and Jane have mutually agreed on the division of their assets and liabilities.

Proof: They included a financial agreement detailing the division of property, savings, and debts. For instance, Jane will keep the family home, while John will take ownership of their investment property.

Summary: They also provided a fair child support arrangement to ensure that the children’s needs are met.

Divorce by Mutual Agreement (DMA) vs. Other Fault-Based Facts

The new Divorce by Mutual Agreement (DMA) law is an additional fact that couples can cite to prove that their marriage has irretrievably broken down, alongside the existing facts like adultery, unreasonable behaviour, desertion, and separation. It differs from the existing fault-based facts in the following key aspects:

Reasons or Facts For Divorce

Divorce by Mutual Agreement (DMA)

  • Couples can cite mutual agreement that their marriage has irretrievably broken down as the fact for divorce.
  • No need to prove fault or assign blame to either party.

Other Existing Fault-Based Facts

  • Adultery: A spouse had sexual relations outside the marriage.
  • Unreasonable Behaviour: A spouse behaved in a way that makes cohabitation intolerable.
  • Desertion: A spouse has deserted the other for at least 2 continuous years.
  • Separation: The parties have lived apart for at least 3 years (with consent) or 4 years (without consent).

Key Differences

  • DMA is a new fact for divorce based on mutual agreement of irretrievable breakdown, without needing to prove fault.
  • Couples can opt for DMA under either the simplified uncontested divorce track or the contested divorce track.
  • The overall divorce filing process remains broadly similar, whether couples cite DMA or other fault-based facts.
  • For simplified uncontested divorces, including those under DMA, couples still need to agree on ancillary matters like child custody, asset division, maintenance, etc.
  • The main difference with DMA is that couples do not need to prove fault or undergo separation periods. They only need to show mutual agreement of irretrievable breakdown.

In essence, DMA introduces a new no-fault fact for divorce, but the procedure remains similar to the existing fault-based facts. Couples can use DMA within the existing simplified uncontested or contested divorce tracks, following the standard filing process for each respective track.

Child-Focused Approach

For couples with children under 21, the divorce process in Singapore has an added emphasis on the children’s well-being, regardless of which reason or fact the divorce is being pursued under.

The Mandatory Co-Parenting Programme (CPP)

Effective July 1, 2024, it will be mandatory for all divorcing couples with minor children under the age of 21 to attend the Mandatory Co-Parenting Programme (CPP) before filing for divorce, regardless of which reason or fact they are relying upon.

The CPP aims to equip parents with the necessary skills and knowledge to navigate co-parenting effectively after their divorce, ultimately benefiting the well-being and development of their children. It applies to both simplified uncontested divorces as well as contested divorces involving children.

For more details on the Mandatory Co-Parenting Programme (CPP), its benefits and legal requirements, please refer to our article here.

Benefits of DMA

There are many benefits to following the DMA divorce route. Here are some benefits to expect:

Benefit 1: Less Stressful

By avoiding the blame game and encouraging cooperation, the DMA can help reduce the emotional strain of divorce, making the whole process a lot less stressful for everyone involved.

Benefit 2: Cost-Effective

With a streamlined, simplified process, you could end up saving some serious cash on legal fees and other divorce-related expenses.

Benefit 3: Faster Resolution

No more dragging things out for months (or even years) – the DMA is designed to help you reach a resolution quickly and efficiently.

Benefit 4: Cooperative Approach

Instead of battling it out in court, the DMA encourages an amicable, cooperative approach to divorce, which can benefit both parties (especially if any kids are involved) in the long run.

Benefit 5: Focus on Children

The Mandatory Co-Parenting Programme (CPP) ensures that their well-being remains the top priority throughout the divorce process, helping to minimise the potential negative impacts on their development and emotional health.

Benefit 6: Reduced Stigma

DMA offers a more dignified means of ending a marriage, avoiding the need to rehash issues or focus on fault, which can help reduce the stigma or taboo that is often associated with divorce.

How Guardian Law Can Assist You

At Guardian Law, our experienced family lawyers can guide you through every step of the DMA process with expertise and compassion. We understand that divorce is never easy, which is why we’re committed to:

  • Providing clear legal advice tailored to your unique situation.
  • Offering compassionate support during this challenging transition.
  • Ensuring an efficient service that helps you resolve matters swiftly.
  • Assisting with co-parenting programs (CPP) to prioritise your children’s well-being.

You can visit our website to learn more about the services we offer and view our transparent price list with no hidden fees. If you have any questions or need further assistance, please feel free to contact us directly.

Conclusion

The new Divorce by Mutual Agreement (DMA) law, introduced under the Women’s Charter, aims to simplify and de-stigmatize divorce in Singapore while upholding family values. It provides an amicable, forward-looking option for couples who have earnestly but unsuccessfully tried to reconcile their marriage. If you are considering divorce or want to learn more about DMA, reach out to us at Guardian Law today. We’ll navigate this journey together with professionalism and compassion.

Need Help?

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Frequently Asked Questions

What is Divorce by Mutual Agreement (DMA) in Singapore?

DMA is a new ground for divorce in Singapore that allows couples to end their marriage amicably without citing fault, provided they mutually agree to the divorce.

Who is eligible for Divorce by Mutual Agreement in Singapore?

Couples who have been married for at least 3 years and mutually agree to divorce are eligible for DMA.

How does Divorce by Mutual Agreement (DMA) differ from other grounds for divorce in Singapore?

Unlike other grounds, DMA doesn't require proving fault or separation periods. It focuses on mutual agreement and amicable dissolution of marriage.

Is there a mandatory waiting period for Divorce by Mutual Agreement (DMA)?

Yes, there is a mandatory 3-week reflection period after filing for DMA before the divorce can be finalised.

Do couples with children need to complete any additional steps for Divorce by Mutual Agreement (DMA)?

Yes, couples with children under 21 must complete the Mandatory Co-Parenting Programme (CPP) before filing for DMA.

Can couples still use other grounds for divorce after Divorce by Mutual Agreement (DMA) is introduced?

Yes, existing grounds for divorce will remain available alongside DMA.

How does Divorce by Mutual Agreement (DMA) affect the division of assets and child custody arrangements?

DMA doesn't change how assets are divided or how child custody is determined. These matters are still settled based on existing laws and the couple's agreement.

Disclaimer: The information provided here is for general guidance and does not constitute legal advice. Please consult a lawyer to seek legal advice that is specific to your needs.
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