As of July 1, 2024, Singapore introduced a significant reform in its divorce laws, allowing couples to file for divorce by mutual agreement (DMA). This new approach enables couples to amicably end their marriages without assigning fault, promoting a more collaborative and less adversarial process.
In this article we will briefly touch upon Divorce by Mutual Agreement. For more detailed information please reach out to one of our lawyers.
Key Features of Divorce by Mutual Agreement (DMA):
Firstly you must be aware of the relevant eligibility criteria:
Minimum duration of marriage: Couples must have been married for at least three years before filing for DMA.
Written agreement: Both parties are required to submit a formal written agreement that includes:
- Reasons for breakdown: A detailed explanation of the factors leading to the conclusion that the marriage has irretrievably broken down.
- Reconciliation efforts: Documentation of attempts made to reconcile and salvage the marriage.
- Future arrangements: Plans concerning financial matters and the care and welfare of any children from the marriage.
No Separation Period Required
Unlike previous requirements, DMA does not mandate a separation period before filing. Couples can proceed with the divorce upon mutual agreement of the marriage’s breakdown.
Court’s Role
The court will review the submitted written agreement to ensure that both parties have mutually consented to the divorce and that adequate provisions have been made for any children involved.
Advantages of DMA
- Reduced conflict: Arguably the most significant advantage for DMA is to remove the need to assign blame to one of the parties involved. This is intended to try and foster a more a more harmonious separation process, which can be particularly beneficial when children are involved.
- Efficiency: The mutual agreement can streamline proceedings, potentially leading to quicker resolutions compared to contested divorces.
- Autonomy: Couples maintain greater control over the terms of their separation, allowing for personalised arrangements that suit their unique circumstances.
Considerations
- Comprehensive agreement: It’s crucial for both parties to thoroughly discuss and agree upon all aspects of the divorce, including asset division, child custody, and support arrangements, to prevent future disputes.
- Legal advice: Seeking independent legal counsel can help ensure that the agreement is fair, legally sound, and in compliance with Singapore’s legal standards.
The introduction of Divorce by Mutual Agreement marks a progressive step in Singapore’s family law, reflecting a shift towards more amicable and less confrontational divorce proceedings. Couples considering this option should engage in open communication and seek professional guidance to navigate the process effectively.