Navigating the Divorce Process in Singapore
Divorce is a difficult and stressful experience. This guide provides a clear, step-by-step overview of the legal process in Singapore, empowering you with the knowledge to make informed decisions for your future.
Legal Requirements to Get a Divorce
To be eligible for a divorce in Singapore, you must meet three key requirements.
1. Married for at least 3 years: You must be married for at least three years before filing for divorce. The court may make an exception in cases of exceptional hardship or exceptional depravity.
2. Jurisdiction: At least one spouse must be domiciled in Singapore at the time of filing, or have been habitually residing in Singapore for at least three years.
3. Irretrievable Breakdown: The marriage must have reached a point where it cannot be repaired. This must be proven using one of the six legal grounds for divorce.
The Six Legal Grounds for Divorce
The court will grant a divorce if it is satisfied that the marriage has irretrievably broken down, which you must prove by showing one of these six grounds.
1. Divorce by Mutual Agreement (DMA): This new ground, effective from January 1, 2024, allows couples to file for divorce jointly if they mutually agree the marriage has broken down. They must also show the court they have made genuine efforts to reconcile, but reconciliation was not possible.
2. Unreasonable Behaviour: Your spouse's behaviour has made it intolerable for you to continue living together. Examples include verbal or physical abuse, gambling, alcoholism, or financial irresponsibility.
3. Adultery: Your spouse has committed adultery, and you find it intolerable to live with them. You cannot use this ground if you have lived with them for more than six months after discovering the adultery.
4. Desertion for 2 Years: Your spouse has deserted you for a continuous period of at least two years.
5. Separation for 3 Years (with consent): You and your spouse have lived apart continuously for at least three years, and your spouse consents to the divorce.
5. Separation for 4 Years: You and your spouse have lived apart continuously for at least four years, regardless of consent.
The Step-by-Step Divorce Process
1. Filing the Documents: The first step is to file the required documents with the Family Justice Courts. These include the Originating Application (formerly called the Writ of Divorce), Statement of Claim, and Statement of Particulars.
2. Serving the Papers: The divorce papers must be officially served to your spouse.
3. Uncontested vs. Contested:
- Simplified Uncontested Divorce: If both parties agree on all matters (the grounds for divorce and all ancillary matters), the process is straightforward and typically takes 4 to 6 months to be finalized. You can even use the new DMA ground here.
- Contested Divorce: If your spouse contests the divorce or if you cannot agree on ancillary matters, the case proceeds to court hearings. This process usually takes 6 to 12 months or longer, depending on the complexity of the issues.
4. Ancillary Matters: This stage involves resolving key issues, including the division of matrimonial assets, spousal maintenance, child custody, and child maintenance.
5. Final Judgment: Once all matters are resolved, the court issues the Final Judgment, which officially dissolves the marriage.
Common Questions About Divorce
Will my spouse’s behaviour affect the division of assets?
Singapore has a no-fault divorce system. The court does not assign blame for the marriage breakdown. While conduct may be a factor, the court's primary focus is on achieving a fair and equitable outcome based on financial contributions, the needs of the children, and the length of the marriage.
Can I get divorced if my spouse cannot be found?
Yes, it is possible. You can file for divorce on the ground of desertion and demonstrate that you have made reasonable efforts to locate your spouse. The court may then grant the divorce even in your spouse’s absence.
How much does a divorce cost?
The cost of a divorce varies significantly:
Uncontested Divorce: Typically ranges from S1,500 to S3,500.
Contested Divorce: Usually costs between S10,000to S35,000 or more.
Need Help with Your Divorce?
Navigating a divorce is complex. Our experienced family lawyers can provide clear, compassionate, and strategic guidance to ensure a smooth and fair process.
Contact us for a confidential, no-obligation consultation to discuss your options.
Tel: +65 6854 5336
Whatapp: +65 9090 3158
Email: enquiry@pkwalaw.com
