In Singapore, desertion as a ground for Divorce can be complex to navigate, requiring clear evidence and legal understanding. Desertion occurs when one spouse abandons the other with no intent to return, causing emotional strain and legal implications for the deserted party.
If you believe desertion applies in your case, understanding the criteria and evidence needed can provide the clarity to move forward. Here, we explore how to approach proving desertion and what you’ll need to strengthen your case in Court.
What Is Desertion In Divorce?
In Singapore, divorce by desertion is recognised as a specific ground for Divorce under the Women’s Charter. Desertion in Divorce occurs when one spouse abandons the other without consent, intending to end the marriage permanently. The abandonment must be unbroken for at least two years to qualify as desertion.
Differences Between Desertion And Separation By Agreement
Desertion differs significantly from separation by mutual agreement. In consensual separation, both parties agree to live separately, whereas desertion occurs without the deserted spouse’s consent.
For example, a spouse who leaves the marriage due to irreconcilable differences after a mutual discussion would not constitute desertion, as an agreement is in place. Only an unconsented and prolonged abandonment meets the threshold for desertion under Singapore law.
What Constitutes Desertion In Singapore Law?
In Singapore, desertion as a ground for Divorce is defined by specific criteria under the Women’s Charter. Two main conditions must be met for those wondering how to prove desertion in divorce: physical separation and intention to desert, both sustained continuously for at least two years.
1. Physical Separation
Physical separation is a core component of desertion. It requires that the deserting spouse must have left the marital home or ceased all marital interactions with the deserted spouse. This isn’t limited to physical absence alone; there must be an actual end to all marital responsibilities, activities, and cohabitation.
For instance, a spouse moving out of the shared residence or clearly dividing financial and household duties can indicate physical separation.
However, physical presence in the same household does not always negate desertion. If one spouse shows clear signs of abandonment (such as isolating themselves, refusing all marital duties, and acting entirely independent within the home), it could still be considered desertion, provided other legal elements are present.
Duration Requirement: Two-Year Continuity
Desertion must have been continuous for at least two years for it to be considered grounds for Divorce. Any interruption, such as temporary reconciliation, could restart the period, which means the deserted spouse may need to re-establish desertion from that point forward. This continuity requirement ensures that desertion reflects a serious and ongoing intention to abandon the marriage.
2. Intention To Desert
The deserting spouse’s intention to desert is equally important and must be clearly established. This intention indicates a firm decision by the deserting spouse to end the marriage, demonstrated by actions and behaviour.
Temporary absences, such as prolonged work trips or short-term separations due to disagreements, do not necessarily indicate desertion if there is no intent to abandon the marriage permanently.
Evidence of intent might include communication showing the deserting spouse’s unwillingness to return, documented refusals to reconcile, or financial arrangements indicating an intent to live separately. For a claim of desertion, the deserted spouse must show that this intention has persisted over time without signs of reconciliation.
Conclusion About Desertion As A Ground For Divorce In Singapore
Divorce by desertion in Singapore requires clear evidence of physical separation and intent to desert, sustained over at least two years. Navigating this process can be challenging, but with the right legal guidance, you can build a strong case.
Tembusu Law’s experienced Divorce lawyers in Singapore understand the complexities of family law, ensuring clients have comprehensive support tailored to their unique situations. Additionally, Tembusu Law’s criminal lawyers in Singapore are highly regarded for handling sensitive and complex cases with the utmost care.
If you’re ready to take the next step, contact Tembusu Law today to discuss how we can assist you.
Frequently Asked Questions About Divorce By Desertion
Is Consent Required From The Deserting Spouse To File For Divorce?
No, you do not need consent from the deserting spouse to file for Divorce by desertion. Desertion itself is a unilateral act by the deserting spouse, and if proven, it serves as valid grounds for Divorce.
Can I File For Divorce By Desertion If My Spouse Left Due To A Disagreement?
For desertion to be valid, it must involve a clear intention to end the marriage, not just a temporary absence due to a disagreement. If your spouse left temporarily to return, it may not qualify as desertion.
Does Desertion Impact Division Of Assets During Divorce?
Desertion as a ground for Divorce does not directly impact the division of assets. The Court considers various factors in dividing the assets, including financial contributions and the welfare of any children when determining asset division.
How Long Does It Take To Complete A Divorce By Desertion In Singapore?
The time frame can vary based on the case’s complexity and evidence. Generally, it may take several months to a year to complete the process, especially if the deserting spouse disputes the claim. A lawyer can provide a clearer estimate based on your specific situation.
