Divorces and Annulments

Singapore observed 6,849 divorces in 2023 according to official data sources, this was down 1% compared to 2022. Marriage annulments observed an increase with 269 annulments in 2023, up from 185 in 2022. The number of civil divorces [non-Muslim] was 5,649 an increase of 4.2% vs. 2022, whilst the number of Muslim divorces was 1,200 a sharp decrease of 20% compared to 2022.

There was a total of 7,118 divorces and annulments compared to 7,107 in 2022.

Median Age of Divorces

For male civil divorces the median age held steady at 45.3 years. The median age for females divorcing rose from 41.1 in 2022 to 41.3 in 2023.

When reviewing those divorcing under the Muslim Law Act, the median age for males declined to 39.9 years in 2023 vs. 40.6 in 2022. The median age for females also fell from 38 in 2022 to 37.8 in 2023.

Median Duration of Marriage

The median duration of marriage prior to getting divorced decreased to 11.6 years in 2023 for civil divorces compared to 11.8 years in 2022. The median duration of marriage for those divorcing under the Muslim Law Act was 8.2 years, a small increase from 2022 when it was 8.1 years.

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    string(13235) "Divorce is a legal process that terminates a marriage between two individuals. It is a formal declaration that the marriage is dissolved, and the parties are no longer legally bound to each other.

This article aims to provide quick but comprehensive guidance on the legal aspects of divorce in Singapore to help readers understand their rights and options when going through a divorce, empowering them to make informed decisions based on their situations.

Legal requirements to get a divorce

Married for at least 3 years

Firstly, as a plaintiff, you must prove you have been married for at least three years. However, there are exceptions to this rule if the petitioner can prove exceptional hardship or if there has been misconduct by the other spouse. Although there is no clear legal definition of these terms, the following are examples of what may constitute those:
  • Extreme physical or mental abuse
  • Severe mental distress
  • Extreme, cruel adultery
  • Adultery, which causes pregnancy
  • Homosexuality

Domicile or habitual residence

The second requirement is that either spouse must have been domiciled in Singapore when filing for divorce. Domicile refers to a person's permanent home or residence, and it is necessary to establish jurisdiction for the Singapore courts to hear the divorce case. If both spouses are not domiciled in Singapore, they may still be eligible for divorce if they have been habitually residing in Singapore for at least three years before filing for divorce.

The marriage has broken down irretrievably.

This means that the relationship between the spouses has reached a point where it cannot be repaired or reconciled.

Simplified or uncontested divorce

A simplified and uncontested divorce refers to a divorce process that is relatively straightforward and where both parties are in agreement on all key issues. This type of divorce is typically faster, less expensive, and less emotionally draining than a contested divorce. It is suitable for couples who have already reached a mutual agreement on ancillary matters. In a simplified and uncontested divorce, the couple can jointly file a divorce application with the Family Court.  The court will then review the application and, if satisfied, grant the interim judgment after 4 weeks. Following this, a final judgment will be issued three months after the date of the interim judgment. While the process may seem less complicated, it is still advisable to seek legal advice to avoid any potential pitfalls or future disputes between the parties.

What if my spouse refuses to divorce me?

If your spouse refuses to divorce you, it can complicate the process. However, you can still file for a contested divorce in this case. Contested divorces can usually be concluded within 6 to 12 months.

A step-by-step breakdown of the divorce process

(1) Filing of divorce petition

The first stage of your divorce proceedings is filing a divorce petition. This involves one spouse (the petitioner) submitting a writ for divorce to the Family Justice Courts.

(2) Service of divorce petition to the other spouse

Once the divorce petition is filed, the next stage is the service of the petition to the other spouse (the respondent). The respondent has a specific period to respond to the petition by agreeing to the divorce or filing a defence if they contest it. If the petitioner does not respond within the given timeframe, the petitioner can go ahead with an uncontested divorce.

(3) Ancillary Matters

If the divorce is contested, the case moves to the next stage, the Ancillary Matters stage. Ancillary matters refer to the financial and non-financial issues in the divorce process. These matters include the division of marital assets, child custody, child maintenance, and spousal maintenance. At this stage, parties must provide financial disclosure, including assets, liabilities, and income. Mediation or negotiation may be encouraged to reach a settlement. Based on the evidence presented, the court will decide if an agreement cannot be reached.

(4) Issuance of Certificate of Final Judgment

Once the ancillary matters are resolved, the divorce enters the final judgment stage. At this stage, the court reviews the case and decides whether to grant the divorce. If the court is satisfied that all legal requirements have been met and there are valid grounds for divorce, a Certificate of Final Judgment will be issued.

What counts as an 'irretrievable' marital breakdown?

As mentioned above, an irretrievable marital breakdown is a situation where the marriage has completely broken down and cannot be salvaged. To prove 'irretrievable breakdown,' the petitioner must prove one of the following five circumstances has happened:

(1) Unreasonable behaviour

One of the ways to establish irretrievable marital breakdown is through unreasonable behaviour. This refers to behaviour by one spouse that makes it intolerable for the other spouse to continue living together. This ground for divorce is set out in Section 95(3)(b) of the Women's Charter. Examples of unreasonable behaviour include the following (non-exhaustive) list:
  • Verbal abuse and continual criticism
  • Domestic violence
  • Compulsive gambling
  • Refusing to contribute to household expenses
  • Lack of respect
  • Alcoholism
  • Lack of affection, concern, and care
  • Improper association with another party
  • Obsessive behaviour

(2) Adultery

If one spouse can provide evidence of the other spouse's voluntary sexual intercourse with someone else, it can be considered a valid ground for divorce. However, it is essential to note that the evidence must be substantial and convincing. If the extra-marital sexual intercourse does not happen, the behaviour is not classed as adultery, regardless of how intimate it was. On top of this , the plaintiff must show it is intolerable for them to keep living with their spouse. The plaintiff will not be able to cite adultery if they have continued to live with their spouse for more than six months after discovering the adultery.

(3) Desertion lasting two years

Desertion refers to a situation where one spouse has deserted the other continuously for two years or more without any intention of returning. To prove desertion, the deserted spouse must provide:
  • Evidence to establish that the other spouse has wilfully and deliberately deserted them without any reasonable cause or excuse.
  • Continuous period of desertion for two years, meaning that any attempts at reconciliation or resumption of cohabitation during this period may reset the clock, and the two-year period will need to start again.

(4) Separation for three years (with the defendant consenting to divorce)

The court will grant a divorce if it can be shown that the parties have lived apart continuously for at least three years before commencing the divorce. To prove separation, it is sufficient that the parties live separate lives and don't interact as husband and wife. If both spouses have been living separately for at least three years and both parties agree to the divorce, it can be seen as evidence of the irretrievable breakdown of the marriage.

(5) Separation for four years

The final way to establish irretrievable marital breakdown is through a period of separation of at least four years. If the spouses have been living apart for at least four years, regardless of whether both parties agree to the divorce, it can be seen as evidence that the marriage has broken down.

If my spouse can't be found, can I still get divorced?

Yes, it is possible to get divorced in Singapore even if your spouse cannot be found. In such cases, you can file for a divorce under the ground of desertion. The court will require you to provide evidence that you have made reasonable efforts to locate your spouse, such as hiring a private investigator or placing advertisements in newspapers. If the court is satisfied with your efforts, they may grant you a divorce even in your spouse's absence. However, it is essential to note that the court will consider the specific circumstances of each case. If your spouse cannot be located and there are no reasonable prospects of finding them, the court may proceed with the divorce proceedings. When your spouse cannot be found, the court may also require you to explore alternative methods of serving the divorce papers. This could include serving the papers through substituted service, where the documents are delivered to a close relative or posted at the last known address of your spouse. The court will assess the adequacy of these alternative methods before proceeding with the divorce.

When deciding on the division of assets or child custody, will adultery or unreasonable behaviour affect the court's decision?

When deciding on the division of assets or child custody in a divorce case in Singapore, the court considers various factors, including the conduct of the parties involved. Adultery or unreasonable behaviour can indeed have an impact on the court's decision. However, it is essential to note that Singapore follows a no-fault divorce system, which means that the court does not assign blame or fault to either party for the marriage breakdown. Instead, the court focuses on the practical and financial consequences of the divorce and aims to achieve a fair and equitable outcome for both parties and any children involved. The court will also take into account other relevant factors, such as:
  • financial contribution of each party
  • the needs of the children
  • the length of the marriage
  • the standard of living enjoyed during the marriage
To determine child custody, the court's paramount concern is the child's welfare. Often in Singapore, joint custody is granted so that both parents are involved in decision-making for the child, whilst care and control are given to the parent the court deems most fit to have this duty.

The timeline

The duration of a divorce in Singapore can vary depending on several factors. Contested divorces with disagreements on various issues, such as child custody, division of assets, or maintenance, can take significantly longer to resolve. The duration of a contested divorce can range from several months to a few years, depending on the complexity of the issues involved and the willingness of both parties to settle. In such cases, the court may need to conduct hearings, gather evidence, and make decisions based on the best interests of the parties involved, which can prolong the process. Uncontested divorces, where both parties agree on all terms and conditions, can take around 4 to 6 months to finalize. This includes the time required for filing the necessary documents, attending mediation sessions (if required), and obtaining the final judgment from the court.

How much does a divorce cost?

One of the main costs associated with a divorce is legal fees. The fees charged by family lawyers in Singapore can vary depending on various factors. The complexity of the case, the issues involved, and the approach taken can all impact the overall cost. According to a survey, simplified and uncontested divorce fees in Singapore typically range from $1,500 to $3,500. Meanwhile, contested divorces usually cost between $10,000 to $35,000. Here at Singapore Family Lawyers, with our experience and reputation, we understand that divorces are emotional and stressful. That's why we don't charge clients hourly for simplified divorces. We take pride in being clear and transparent; hence, we offer a fixed-fee package. Our clients will never have to worry about hidden costs while engaging with us. However, we might charge an hourly rate for certain contested divorces. If so, we will offer a fee cap for eligible clients." ["post_title"]=> string(68) "Navigating the Divorce Process in Singapore: Things You Need to Know" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(17) "divorce-singapore" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-08-05 18:01:26" ["post_modified_gmt"]=> string(19) "2024-08-05 10:01:26" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=723" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [1]=> object(WP_Post)#7964 (24) { ["ID"]=> int(1177) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2023-10-09 09:46:03" ["post_date_gmt"]=> string(19) "2023-10-09 01:46:03" ["post_content"]=> string(7814) "

Divorce by Mutual Agreement in Singapore

From July 1, married couples can cite divorce by mutual agreement as a reason for divorce if they agree that their marriage has broken down irretrievably. This change to the Women’s Charter will allow couples to divorce without blaming each other. Previously, the existing grounds for divorce are adultery, desertion, unreasonable behaviour, and separation for three years with consent and four years without consent.  Now, parties can also file for divorce on the ground that they both mutually agree without assigning blame. To apply for Divorce by Mutual Agreement, parties must provide the court with reasons to conclude that their marriage has irretrievably broken down, and show that they have made efforts to reconcile. Ultimately, the court must be satisfied that granting a divorce is just and reasonable, considering all circumstances.

Why is divorce by mutual agreement being introduced?

The goal is to lessen conflict and prevent children from being embroiled in tension or arguments when parents throw accusations at each another. It also intends to preserve the mental health of the parties whilst they are going through the divorce.

The benefit of divorce by mutual agreement

A benefit of divorce by mutual agreement is there is no need for the parties to live separately, such as in a divorce by separation with consent. This offers "therapeutic justice" to the family justice system, less disruption to the children, and does not go against parties should they still live together.

How divorce by mutual agreement can make the process better for everyone

The children will benefit. They won’t hear or read about their parents blaming each other for their divorce. It is not uncommon for some people's mental health issues to be caused by childhood trauma, stemming from how their parents behaved in from of them. As previously discussed, a divorce by mutual agreement does not require parties to live separately. This allows children to have more regular contact with their parents. It provides the parents more time to source alternative accommodation and get their finances in order. This also saves being compelled to make rash decisions for fear of delaying the process. The divorce petition will take considerably less time, expense, and effort to produce than the other grounds for divorce. This is because there is less finger pointing regarding the unreasonable behaviour of one party. The smoother the process, the less stressful the divorce will be. Arguing over who is in the wrong and who is in the right will only cause further acrimony. Stepping away from blame may also preserve the parent's inclination from tainting their children's view of the other parent. Not only would stepping away from blame prevent stress, but it also would prevent disagreements to the terms suggested by either party. The grounds which constitute 'blame' can upset the other party as they would naturally become defensive. The accused party could then dispute the divorce, either slowing down or, in the worst cases, denying the divorce altogether. If this happens, and the opposing party rejects accusations of unreasonable behaviour, a judge may decline to break the marriage. So, although divorce by mutual agreement is more amicable and offers a smoother resolution, it does not necessarily mean the divorce will be without contention, emotion, or resistance.

How long will it take to be granted a divorce?

It remains that to be eligible to file for a divorce; the couple must be married for at least three years. This is applicable in all cases, no matter the grounds relied upon. Once all terms are agreed upon, there is a three-month reflection period before the divorce is finalised. This reflection period allows both parties to decide whether the divorce is indeed what they want. The timescale of the divorce process largely depends on whether the divorce is contested or uncontested. A divorce is contested when parties cannot agree to all terms and issues amicably. Therefore, a court's involvement is required, as a judge will decide on the matters the parties cannot agree on. A contested divorce can take up to a year or more from start to finish. An uncontested divorce is a divorce where both parties agree to the divorce, and all ancillary matters of the divorce are agreed upon mutually. An uncontested divorce can be concluded from start to finish in four months. An uncontested divorce is often the less stressful and cheaper route rather than a contested divorce. Although you may pursue a divorce by mutual agreement, it does not necessarily mean the divorce will be uncontested. The divorce may become contested due to a disagreement on how child arrangements should be made or how the finances should be split. Should the divorce become contested, you would need a judge to make the final decision on the matters on which each party disagrees.

Why you should still use a divorce lawyer in a divorce by mutual agreement

There are two sides to decision-making. There is the emotional side and the logical side. These are two distinct aspects which often do not work harmoniously together. What do we mean by this? When you make decisions based on emotion, it is because of a feeling or a want. It is typically a natural response to a situation which is important to you, whether it upsets you or makes you happy. Take, for example, smoking cigarettes. Logically, you know you shouldn't smoke because it harms your health. However, because of your emotional state, a craving, or a stressful situation, you may still choose to smoke. It is the same with approaching a divorce. Emotion and logic do not necessarily coincide, which results in parties pursuing or agreeing to terms out of emotion rather than logic. This can cause a person to agree to unfavourable terms. It can also cause the whole process to derail.

The solution

Our lawyers can guide you through a Divorce by Mutual Agreement, using our expertise to help avoid it becoming contested. Having an experienced lawyer act, and taking an objective stance, means we will apply logic to achieve the best outcome. At the same time, we will take your instructions to understand the situation and what means most to you. We can also assist you in making the correct financial decisions. What you believe to be a good deal at the time may not be enough for you to live on in the future. Matters such as earning capacities and future expenses are sometimes difficult concepts to grasp and understand. Getting the best legal advice and knowing you are receiving the most out of the divorce, you will also achieve greater peace of mind. The preparation of documents can be difficult and stressful. Our lawyers have years of experience helping people prepare their documents succinctly and accurately. Having advice and help with negotiations on when to insist on terms and when to make concessions to get the things which are most important to you may be invaluable. Letting us take the reins will free up your time and allow you to continue working and being part of your children's life. We can also advise you on making the best care arrangements for your children. Should the divorce process deteriorate, we can present your case if a dispute or disagreement cannot be amicably settled. We are here to advise, represent you, and make the divorce process as stress-free as possible. Don't hesitate to contact our lawyers if you are considering a divorce in Singapore." ["post_title"]=> string(57) "Divorce by Mutual Agreement in Singapore From 1 July 2024" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(27) "divorce-by-mutual-agreement" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-07-28 08:20:27" ["post_modified_gmt"]=> string(19) "2024-07-28 00:20:27" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(45) "https://singaporefamilylawyers.com.sg/?p=1177" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [2]=> object(WP_Post)#7944 (24) { ["ID"]=> int(997) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-06-11 09:35:34" ["post_date_gmt"]=> string(19) "2022-06-11 01:35:34" ["post_content"]=> string(2423) "

How does a Divorce differ from a Deed of Separation?

In order to end a marriage legally, you must go through the process of divorce. However, sometimes you might not yet be ready for a divorce and may wish to try living apart from each other instead. In this situation, you can use a written Separation Agreement. This is a contract in law that the couple use to record how they have agreed to separate, and how the divorce should be carried out. The date when parties began living apart is recorded in the Deed of Separation, so often the divorce will be based on that ground of separation.

What terms should be included in a Deed of Separation?

The terms of agreement on issues such as the following should be noted in the Deed of Separation:
  • The reason the divorce is taking place
  • When the divorce proceedings will begin
  • Who will begin the divorce proceedings
  • If children are involved, how care, custody and control duties have been arranged
  • How the marital assets should be dealt with whilst the divorce is happening
  • Any interim arrangement that the parties made until the beginning or conclusion of the divorce proceedings
  • Any spousal or child maintenance agreements.

Divorce papers still need to be filed

To be effective, both parties to the marriage have to sign the Deed of Separation. Remember that simply signing a Deed of Separation does not mean that the divorce has happened – you still need to file for divorce. This is because a Deed of Separation is not filed with a court, so even though the parties have signed it, the court and any relevant government departments will not be made aware of it.

When is a Deed of Separation most useful for me?

You’ll find the deed most useful when:
  • You want to separate from your partner, but you have young children or financial issues which makes it a bad time to get a divorce.
  • You’re not sure if a divorce it what you want, but you wish to try living apart from your spouse.
  • You don’t fulfil the other criteria for getting a divorce (the grounds of adultery or unreasonable behaviour), and both of you agree that the marriage was a mistake.
Please contact us if you have any questions about Deeds of Separation, or you need help." ["post_title"]=> string(30) "Divorce vs. Deed of Separation" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(29) "divorce-vs-deed-of-separation" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2024-05-20 20:06:13" ["post_modified_gmt"]=> string(19) "2024-05-20 12:06:13" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=997" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } [3]=> object(WP_Post)#8071 (24) { ["ID"]=> int(973) ["post_author"]=> string(1) "2" ["post_date"]=> string(19) "2022-05-20 20:07:33" ["post_date_gmt"]=> string(19) "2022-05-20 12:07:33" ["post_content"]=> string(12484) "If you find yourself wanting to divorce in Singapore, you’re likely to have lots of questions about the process. If you are contesting a divorce, or it isn’t amicable, then you’re likely to have even more concerns. These might include:
  • Am I eligible to divorce?
  • How much will it cost me?
  • What can I expect to receive?
  • What will happen to my children?
  • How might our assets be divided?
  • How long will it all take?
In this article we’ll explain the process for a contested divorce, as well as an uncontested divorce, and look at what usually takes place at the Family Justice Courts.

Eligibility requirements to divorce

There are certain criteria that anyone wishing to divorce in Singapore must satisfy. These are set out in the Women’s Charter, and include:

Attending the Mandatory Parenting Programme (MPP)

If the divorcing couple have at least one child younger than 14 years of age, and the parties don’t agree on the divorce or ancillary matters, then the parties must attend the Ministry of Social and Family Development’s Mandatory Parenting Programme (MPP). This aims to help the parties make informed decisions which put the children’s bets interests first. Only once the MSF has certified your attendance can the divorce proceed. Here at PKWA we can help parties in the MPP application. The MPP only has to be attended once, and the session lasts a maximum of 2 hours. The following link gives further information on the MPP: https://www.msf.gov.sg/divorce-support/pages/mandatory-parenting-programme.aspx

Jurisdiction

To have your divorce proceedings heard in the Family Justice Courts, you or your spouse must be:
  1. A citizen of Singapore; or
  2. Domiciled in Singapore; or
  3. An habitual resident of Singapore for at least 3 years prior to the start of divorce proceedings.
‘Domiciled’ in Singapore means that you can demonstrate you are settled in Singapore and don’t intend to move away in the near future. For instance, an established community of friends and family, or substantial assets in Singapore are things that can prove that you are domiciled here. Finally, remember that if you were married under Muslim law, then you cannot apply to the Family Justice Courts for a divorce. Only the Syariah Court can accept your divorce application.

Three years of marriage

In order to file for divorce, the marriage must have lasted for a minimum of 3 years. Couples who have been married less than 3 years must get permission from the Court in order to start divorce proceedings. An application for leave represents the filing of an originating summons, as well as a supporting affidavit, which sets out the reasons you are seeking a divorce. For instance, one ground for divorce could be exceptional hardship that you have suffered. The Family Justice Court will only grant a divorce if you can prove that the marriage has broken down irretrievably, or one of the following facts has occurred, set out in the Women’s Charter, section 95(3):
  • Your spouse acted in such a way that it isn’t reasonable to expect you to continue living with them;
  • Your spouse committed adultery, making it intolerable for you to continue living with them;
  • Your spouse has deserted you for at least 2 years (a continuous period of two years);
  • You have lived apart from your spouse for a continuous period of at least of 3 years, and your spouse has consented to the granting of a judgement;
  • You have lived apart from your spouse for at least 4 years, continuously.

What divorce papers must be filed?

To commence divorce proceedings, your lawyer will electronically file the following papers in the Family Justice Courts:
  • Writ for Divorce;
  • Statement of Claim (setting out the circumstances you’re relying on to divorce);
  • Statement of Particulars (giving details of the circumstances you’re relying on);
  • Proposed Parenting Plan (if the divorce involves one or more children under the age of 21 years);
  • Proposed Matrimonial Property Plan (if you and your spouse jointly own a housing & Development Board flat);
  • An Acknowledgement of Service;
  • A Memorandum of Appearance.

Serving divorce papers on your spouse

Following acceptance of these documents by the Family Justice Court, they should be served on your spouse so that they are notified that you’ve started divorce proceedings. Your lawyer will serve the sealed copy on your behalf. They will be served using one of the following methods:
  1. Electronically, to your spouse’s lawyer (if the lawyer has stated expressly that they will accept service on behalf of your spouse); or
  2. Registered Post – only if the defendant signs and returns the Acknowledgment of Service to us); or
  3. Personal Service – personnel authorised by your lawyer hands the documents directly to your spouse.
If, as a defendant, you want to contest the divorce, then within 8 days you must file the Memorandum of Appearance. If you don’t do anything and ignore the papers, a divorce hearing can be requested by your spouse by completing a Request for Setting Down Action for Trial. A hearing date will be fixed by the court, and in your absence the divorce will be granted. As you can see, it’s not a good idea to ignore the divorce process – you risk the court hearing the case without you present, provided the papers were properly served on you. From here, the divorce proceedings generally follow two routes: either Uncontested or Contested.

Uncontested divorce process

Providing you and your partner agree to divorce, and your spouse raises no issues with what you put in your Statements of Claim and Particulars, then you can tell the court your case is ready to be heard, on an uncontested basis. Your lawyer will submit the Request for Setting Down Action for Trial on your behalf, and a date is then set for the hearing of the uncontested divorce. No members of the public can attend the hearing, as it is held in chambers. If the proceedings are in order and the court is satisfied, the Interim Judgement for divorce will be issued. Within six weeks of filing the Writ for Divorce, your case should be set down – if it isn’t, then an electronic Registrar’s Notice will be sent, telling you to either set down your case for hearing, or inform the Court of the matter’s status. Remember that the Interim Judgement is only issued after 3 months. You must wait until the Interim Judgement has been made final before you can remarry.

Contested divorces take longer

Your spouse may contest the Divorce and your reasons for requesting it. If they do, then they can file a Defence, or Defence and Counterclaim, within 22 days of receiving the Writ. They’ll file and service it on your lawyer. The same duration applies to your spouse for the purposes of filing their Proposed Matrimonial Property Plan. When replying to your spouse’s Defence or Defence and Counterclaim, you’ll have 2 weeks to reply. Once you’ve replied and it has been filed, a date for a case conference in chambers will be set by the Court. A lawyer will attend on your behalf. During this conference, the parties will be prepared for the contested hearing, which takes place as a trial in open court. Sometimes a possibility for a settlement may arise. If so, the case may be referred for counselling by the Assistant Registrar. This is done by a professional Court counsellor, and increases the likelihood of settlement, which in turn saves time and money, compared to if you proceed to trial.

No settlement – contested divorce trial

Sometimes a settlement is not possible, in which case parties will be directed by the Assistant Registrar to file and exchange Affidavits of Evidence-in-Chief. Here you will give your reasons for the court to allow your divorce. Your lawyer will advise you on the important points to include, to give you the maximum chance of success. Both parties are required to attend contested divorce hearings, as well as any witnesses you or your spouse want to rely on. Therefore, the duration of the trial can vary from between one day to several days, according to its complexity and number of witnesses.

Interim Judgement

If the judge is satisfied that the marriage has indeed irretrievably broken down, then they will issue an Interim Judgement. An adjournment will take place so allow for any ancillary matters to be heard in chambers.

Stage 2 of divorce proceedings – ancillary matters

The court will grant the Interim Judgement and then set a date for a case conference in chambers to deal with Ancillary Matters. Thus the second stage of the divorce proceedings begin. The purpose of this Ancillary Matters conference is to allow the parties to be prepared by the Assistant Registrar for the Ancillary Matters Hearing. The hearing happens in chambers in the presence of a District Judge from the Family Justice Court. A settlement is possible even now, just as in the first stage of the divorce proceedings. If so, the Assistant Registrar will refer the case to a counsellor. But in acrimonious cases, or those cases with children involved, a professional social worker may be brought in by the Registrar so a confidential report is made to allow the Court to evaluate the best custody or access arrangements. The court may also appoint a Child Representative to ensure the children’s best interests are represented. The representative will file written submissions for this.

Settling before the ancillary matters hearing

Sometimes parties are able to settle before the ancillary matters hearing happens. If so, the Court will order a consent ancillary matters hearing to be fixed. A Draft Consent Order will need to be drafted, and signed by both parties. If your spouse isn’t represented by a lawyer, they must sign this document in the presence of a Commissioner for Oaths.

If no settlement – proceed to file the affidavit of means

If settlement is just not possible, parties are directed by the Court to submit their Affidavits of Assets and Means. In this document, you lay out all your assets and liabilities, as well as direct and indirect contributions to the marriage, and what you propose to do about the outstanding ancillary matters. Parties are also directed by the court to file the Ancillary Matters Fact and Position Sheet (known as Form 242). As expert divorce lawyers, we at PKWA Law Practice will help you to put your best case forward at all times.

Hearing for Ancillary Matters

If there is no agreement, a contested ancillary matters hearing is fixed for your case. Here, the Assistant Registrar orders parties to file a Summary of Relevant Information (known as Form 243) which lays out the issues being contested, the net value of the assets of the marriage, and the status of the proceedings. Written arguments should be prepared (by your lawyer) regarding the evidence contained in the affidavits and how the law applies to them. Depending on the complexity of the issues, the Ancillary Matters hearing could last either several hours, or several days. At the conclusion of the hearing, the case is considered by the judge who will then make their decision.

Certificate of Making Interim Judgement Final

You must wait for 3 months after the court has made their Interim Judgement, or decided on ancillary matters, before you can proceed to get the Certificate of Making Interim Judgement Final. The divorce process is completed when the Final Judgement is issued. You can now legally remarry.

In summary

If you are not legally qualified, divorce proceedings can be hard to understand. The proceedings are governed by many laws, procedures and rules contained in statute, Practice Directions and Rules of Court. This article explains some of these elements, but it only represents an example of a case." ["post_title"]=> string(30) "Contested Divorce in Singapore" ["post_excerpt"]=> string(0) "" ["post_status"]=> string(7) "publish" ["comment_status"]=> string(4) "open" ["ping_status"]=> string(4) "open" ["post_password"]=> string(0) "" ["post_name"]=> string(17) "contested-divorce" ["to_ping"]=> string(0) "" ["pinged"]=> string(0) "" ["post_modified"]=> string(19) "2023-10-10 00:52:02" ["post_modified_gmt"]=> string(19) "2023-10-09 16:52:02" ["post_content_filtered"]=> string(0) "" ["post_parent"]=> int(0) ["guid"]=> string(44) "https://singaporefamilylawyers.com.sg/?p=973" ["menu_order"]=> int(0) ["post_type"]=> string(4) "post" ["post_mime_type"]=> string(0) "" ["comment_count"]=> string(1) "0" ["filter"]=> string(3) "raw" } }

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