When a marriage breaks down, one of the most painful scenarios is when one spouse simply leaves, abandoning the matrimonial home and the relationship. In the eyes of the law, this act may be known as desertion in Divorce, and it is one of the five facts you can use to prove the irretrievable breakdown of your marriage in Singapore.
However, filing for Divorce on this basis is not as simple as stating your spouse has left. You must prove specific legal elements to the satisfaction of the Court. This guide explains the desertion’s meaning in Divorce, what you need to establish, and how to prove desertion in Divorce.
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.
How To Prove Desertion In Divorce
Gathering strong evidence is essential. Since the Court cannot simply take your word for it, you will need documentation to support your claim.
Here is how to prove desertion in Divorce:
Written Communication
Carefully save all digital and written correspondence. This includes text messages, WhatsApp conversations, or emails where your spouse clearly states their intention to leave (e.g., “I’m not coming back,” “I’ve moved on”) or refuses your requests to return. These messages are direct proof of their intention to abandon the marriage.
Witness Testimony
Third-party evidence is powerful. This involves formal written statements (known as affidavits) from friends, family, or colleagues. They must be able to testify to the facts of the separation (like the date your spouse left) and, importantly, your lack of consent (e.g., they witnessed your distress or heard you ask your spouse to stay).
Proof of Separate Living
You must show the Court that your spouse is physically living elsewhere and has established a separate life. Useful evidence includes a new tenancy agreement in their name, utility bills for their new address, or official mail forwarded to their new location. This substantiates the physical separation.
Evidence of Your Lack of Consent
This is crucial. You must show that you did not agree to the separation. Provide records of your own attempts at reconciliation, such as phone logs, messages, or emails asking your spouse to return home or discuss the marriage. Their refusal or silence helps prove the separation was against your will.
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.
Understanding Constructive Desertion: When the “Innocent” Party Leaves
In some cases, the spouse who physically leaves the home is not the one guilty of desertion. Constructive desertion occurs when one spouse’s behaviour is so unreasonable or intolerable that it forces the other spouse to leave.
In this situation, the spouse whose conduct caused the departure is legally considered the one “in desertion,” even though they may have remained in the matrimonial home. Examples of such behaviour could include severe domestic abuse, persistent unreasonable conduct, or creating a home environment that is impossible to live in.
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.
What Is The Minimum Time Period For Desertion In Singapore?
You must prove your spouse has deserted you for a continuous period of at least two years immediately before filing for the 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.
Is It Desertion If I Asked My Spouse To Leave?
No, this would not be desertion by your spouse as you consented to the separation. However, if their behaviour was so intolerable that it forced you to ask them to leave, you might have a case for constructive desertion.
What If My Spouse Left But Still Provides Financial Support?
This does not automatically prevent a claim for desertion. The primary test is the intention to end the marital relationship and live apart. However, ongoing financial support could be used by your spouse to argue they had not fully abandoned their marital obligations.
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, including financial contributions and the welfare of any children, in 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.
