Navigating Divorce in Singapore: A Simplified Guide
Divorce is both an emotional and significant life event, often accompanied with many legal complexities. This article provides a simplified guide on how to get a divorce in Singapore. First, let us take a look at what makes someone eligible for divorce.
Eligibility Criteria for Divorce
Certain conditions must be met to apply to divorce.
Your or your spouse must:
- Have resided in Singapore for at least three years
- Have been married for at least three years. However, with permission, exceptions can be granted in cases of exceptional hardship or depravity.
If you are married under Syariah Law, you must file for divorce in the Syariah Court.
Grounds for Divorce
To be granted a divorce in Singapore, you will have to show irretrievable breakdown of your marriage. This can be established through one of the following:
1. Adultery: Your spouse has cheated on you, and you find it intolerable to continue living together.
2. Unreasonable Behaviour: Your spouse has behaved in a way that makes it unreasonable for you to live together. This includes abuse (physical or mental) or other forms of misconduct.
3. Desertion: Your spouse has deserted you for at least two years with no intention of returning.
4. Separation:
- With Consent: Both parties have lived apart for at least three years and agree to the divorce.
- Without Consent: Both parties have lived apart for at least four years.
5. Mutual Agreement: Both parties agree that their marriage has irretrievably broken down. This requires a written agreement stating the reasons for the breakup, efforts made to reconcile and a few other considerations.
Contested vs Uncontested Divorce
Will the divorce proceedings be contested by a party?
If both parties are agreeable to the divorce, parties may apply for uncontested divorce proceedings under the simplified track. Essentially this just means that the divorce process is faster and more straightforward compared to the normal track.
If a party contests to any part of the divorce, the divorce proceedings will have to be completed on the normal track.
The Divorce Process
Divorce is a 2-stage process:
- Dissolution of Marriage:
- Filing for Divorce: Start out the process by submitting the necessary legal documents via the eLitigation platform. It is recommended to consult a lawyer to assist in preparing these documents.
- Serving of Documents: The Originating Application must be served to your spouse within 14 days of filing (in Singapore) or 28 days of filing (overseas).
- Interim Judgment: If the court is satisfied that the marriage has irretrievably broken down, it will issue an Interim Judgment while ancillary matters are being resolved.
2. Ancillary Matters:
The second stage of a contested divorce process deals with all other ancillary matters including the division of matrimonial assets, maintenance of spouse and child(ren), as well as access, care and custody of the child(ren).
- Child Care Arrangements: If you and your spouse have children, arrangements such as custody, care and access will have to be discussed prior to the divorce. These affect major decisions for the child, which parent they live with, how often each parent gets to see the child, and more.
- Asset Distribution: You and your spouse will have to decide on how assets such as your matrimonial house and joint bank account monies will be divided.
- Maintenance: Financial support such as alimony and child support will have to be assessed and discussed.
Divorce is a life-changing event that can take a toll emotionally and financially. Allow us to figure out the complexities of these proceedings while you focus on the emotional aspects of the process. Reach out to our professionals today for any questions or assistance on divorce in Singapore.
