In Singapore, obtaining a divorce involves meeting specific legal requirements to ensure the process is conducted fairly and within the framework of the law. Below is an overview of these requirements:
Divorce eligibility criteria
Before filing for divorce in the Family Courts, ensure that:
- Residency status: Either you or your spouse is a Singapore citizen, domiciled in Singapore, or has resided in Singapore for at least three continuous years immediately preceding the divorce application.
- Duration of marriage: You have been married for at least three years. If the marriage duration is less than three years, you must seek the court’s permission to file for divorce, typically granted under exceptional circumstances.
- Type of marriage: The marriage is registered under civil law. For marriages solemnised under Syariah law, divorce proceedings are handled by the Syariah Court.
Grounds for Divorce in Singapore
The sole ground for divorce in Singapore is the irretrievable breakdown of the marriage. To establish this, you must demonstrate one or more of the following facts:
- Adultery: Your spouse has committed adultery, and you find it intolerable to continue living with them. It’s advisable to file for divorce promptly after discovering the adultery.
- Unreasonable behavior: Your spouse has behaved in such a way that you cannot reasonably be expected to live with them. This can include physical or mental abuse, neglect, or other forms of misconduct. You may file for divorce at any time after the incident has taken place.
- Desertion: Your spouse has deserted you for a continuous period of at least two years against your wishes, indicating a complete rejection of the marital relationship. You can file for divorce after two years from the date of desertion.
- Separation – [two options]: With consent: Both parties have lived apart for at least three years, and your spouse consents to the divorce. You can file for divorce after three years from the date of separation. Without consent: Both parties have lived apart for at least four years; in this case, your spouse’s consent is not required. You can file for divorce after four years from the date of separation.
- Mutual agreement: Both you and your spouse agree that the marriage has irretrievably broken down. This can be established through a written agreement.
Ancillary Matters
Beyond the termination of the marriage, the court will address ancillary matters, including:
- Division of matrimonial assets: Equitable distribution of property and assets acquired during the marriage.
- Child custody, care, and control: Decisions regarding the welfare and upbringing of any children from the marriage.
- Spousal and child maintenance: Financial support obligations for the spouse and children, if applicable.
It’s crucial to consider these factors and, if possible, reach an agreement with your spouse to facilitate a smoother divorce process. For detailed information and guidance, we would strongly encourage you and your spouse to discuss your situation with a dedicated divorce lawyer.