The dissolution of marriage is the formal legal process of ending a marriage in Singapore. Understanding this process is crucial as it directly impacts both the outcome of the divorce and your emotional well-being.
With divorce rates in Singapore steadily rising, it’s important to navigate each step carefully to ensure a fair resolution.
This guide will provide an overview of the key stages involved in the dissolution of marriage, including filing the divorce petition, preparing necessary documents, and finalising the divorce.
By grasping these steps, you can better manage your case and make informed decisions throughout the legal process.
First Stage Of Divorce Proceedings: Dissolution Of Marriage
In Singapore, the divorce process involves two distinct stages. The first stage is the dissolution of marriage, where the Court determines if the marriage has irretrievably broken down. If this is proven, the Court issues an Interim Judgement, officially dissolving the marriage.
During this stage, temporary orders may be issued to address immediate concerns such as spousal maintenance or child custody.
These orders help manage the parties’ responsibilities and rights while the divorce proceedings continue. It is important to note that these are temporary measures and may be revisited in the subsequent stage of the divorce.
In some cases, couples may consider judicial separation instead of divorce. Judicial separation allows couples to live apart without officially ending the marriage. This option is often chosen when there are religious or personal reasons for not pursuing a full divorce.
However, when dissolution of marriage is pursued, it indicates that the couple has decided to end the marriage legally.
After the Interim Judgement is granted, parties must wait at least three months or until all ancillary matters, such as the division of assets and custody arrangements, are settled before applying to make the Interim Judgement final.
Once this is done, a Certificate of Final Judgement is issued, concluding the divorce process.
How Does The Dissolution Of Marriage Work?
The dissolution of marriage is the first stage in the divorce process in Singapore. At this stage, the Court assesses the grounds for divorce and makes preliminary orders.
The Court’s involvement is crucial in determining whether the marriage has irretrievably broken down, which is the only legal ground for divorce in Singapore.
Most divorces require the submission of several documents to initiate this legal process, including the Writ of Divorce. The accuracy and completeness of these documents are vital, as any errors or omissions can delay the proceedings.
Once the Writ for Divorce and all accompanying documents have been filed in Court, they must be served on the other party, referred to as the Defendant. The Defendant then has 8 days to decide whether to contest the divorce or the ancillary matters such as child custody and spousal support.
If the Defendant contests, they must file a Memorandum of Appearance and a Defence. Alternatively, the Defendant may choose to file a Defence and Counterclaim if they wish to present their own grounds for divorce or make additional claims on the ancillary matters.
If the Defendant does not contest the divorce but still wishes to be heard on the ancillary matters, they should file the Memorandum of Appearance to indicate the issues they want the Court to consider.
In contested divorce cases, if the parties cannot agree on the reason for the divorce or the ancillary matters, the case may go to Court. A judge will determine if the marriage has irretrievably broken down and issue a Court order granting an Interim Judgement if satisfied.
This Judgement legally dissolves the marriage but leaves the resolution of ancillary matters to the next stage of the divorce proceedings.
Obtaining an Interim Judgement is significant because it marks the official dissolution of the marriage. However, the parties are not yet legally divorced until all the issues, such as child custody, spousal support, and division of property, are resolved.
This stage is crucial in the divorce process, as it sets the groundwork for the second stage, where the Court addresses the ancillary matters and finalises the divorce decree. Engaging a divorce lawyer can help ensure that this process is handled efficiently and in compliance with all legal requirements.
Conditions For Filing A Divorce In Singapore
Before filing for divorce in Singapore, certain conditions must be met. These conditions ensure that the parties involved are eligible to proceed with the divorce under Sections 93 and 94 of the Women’s Charter:
- The Plaintiff (the person filing for divorce) or the Defendant (the spouse) must be domiciled in Singapore at the time of filing or have been habitually resident in Singapore for at least 3 years before the commencement of divorce proceedings.
- The couple must have been married for a minimum of three years before filing for divorce. However, there are exceptions to this rule.
- If the party filing for divorce can prove that they have experienced exceptional hardship or that their spouse has been exceptionally unreasonable or cruel, they may be allowed to file for divorce even if the marriage has not reached the three-year mark.
An important aspect of the divorce process in Singapore is the role of mandatory counselling and mediation sessions. These sessions are designed to help couples resolve their disputes amicably, particularly when children are involved.
The aim is to encourage reconciliation where possible and ensure that all parties, including children, are considered throughout the process. These sessions can be a vital step in avoiding a contested divorce, which can be lengthy and emotionally draining.
For those married under Muslim law, different rules apply, and they must seek guidance specific to Islamic divorce procedures.
4 Grounds For Irretrievable Breakdown Of Marriage
In Singapore, the only legal ground for divorce is proving that the marriage has irretrievably broken down.
To do so, the Plaintiff must demonstrate one of four specific scenarios as outlined under Section 95(3) of the Women’s Charter. Understanding these grounds is crucial for anyone navigating the divorce process.
#1. Adultery
Adultery, in the context of Singapore law, occurs when one spouse engages in voluntary sexual intercourse with someone outside the marriage. This act can be used as a ground for divorce, provided the other spouse finds it intolerable to continue living with the partner who has committed adultery.
To prove adultery in Court, strong evidence is required. This may include reports from private investigators, confessions, or other concrete evidence like photographs or communications that clearly show the extramarital relationship.
Without such evidence, the Court may not accept adultery as grounds for the dissolution of marriage.
Allegations of adultery can have significant implications on the divorce proceedings, particularly concerning child custody and asset division. The Court may consider the adulterous spouse’s actions when making decisions about these matters.
However, it’s important to note that adultery alone may not necessarily disadvantage one spouse in all aspects of the divorce process, as the Court prioritises the welfare of any minor children and the fairness of asset distribution.
#2. Unreasonable Behaviour
Unreasonable behaviour is another common ground for divorce in Singapore. This term refers to actions by one spouse that make it impossible for the other spouse to continue living with them.
Examples of unreasonable behaviour include physical or emotional abuse, financial irresponsibility, neglect, or any other behaviour that is deemed intolerable.
In divorce cases based on unreasonable behaviour, the Plaintiff must provide evidence to support their claims. This evidence can include witness testimonies, medical reports, financial records, or any documentation that highlights the detrimental behaviour of the other spouse.
The more substantial the evidence, the more likely the Court will accept unreasonable behaviour as grounds for the dissolution of marriage.
The Court evaluates claims of unreasonable behaviour carefully, considering the severity and impact on the spouse seeking the divorce. If the Court finds the behaviour to be sufficiently unreasonable, it will grant a divorce decree, legally dissolving the marriage.
In such cases, the Court’s decisions regarding child custody, spousal support, and asset division will be influenced by the established unreasonable behaviour, ensuring a fair outcome for both parties.
#3. Desertion
Desertion is a recognised ground for divorce in Singapore, defined as one spouse intentionally abandoning the other for a continuous period of at least two years, without any intention or sign of returning.
For the marriage dissolution to proceed based on desertion, the deserting spouse must have left without the consent of the other spouse, and the abandonment must be deliberate.
Proving desertion can be challenging in divorce cases, as it requires clear evidence that the separation was intentional and not simply a temporary absence. The Plaintiff must demonstrate that the other spouse had no intention of reconciliation and that the separation was not mutual.
This might involve providing documentation, communications, or witness testimonies that show the intent to desert. Without sufficient evidence, the Court may not accept desertion as a valid ground for the dissolution of marriage.
Desertion can significantly impact the divorce process, particularly when it comes to spousal support and asset division. The Court will consider the desertion when deciding on these matters, which may lead to a less favourable outcome for the deserting spouse.
However, the Court’s primary concern remains the welfare of any minor children involved, ensuring that their needs are met despite the circumstances of the divorce.
#4. Separation
Separation is another common ground for divorce in Singapore. It involves a period of continuous separation between spouses before filing a divorce petition. The required separation period depends on whether both parties consent to the divorce.
If both spouses agree, a separation of 3 years is necessary. If one spouse does not consent, a longer separation period of 4 years is required before the marriage can be legally dissolved.
Interestingly, divorcing couples can still be considered separated even if they live under the same roof, provided certain conditions are met. For instance, the spouses must lead separate lives, such as not sharing a bedroom, not engaging in marital relations, and maintaining independent finances.
These conditions help establish that the marriage has effectively ended, even if the spouses continue to reside in the same household due to practical reasons like financial constraints or child custody arrangements.
Separation as a ground for divorce has specific legal implications, especially in the Court’s decisions on ancillary matters like child support, spousal support, and asset division.
The length and nature of the separation period can influence the Court’s judgment, particularly in uncontested divorces where the spouses agree on all the issues.
However, if the separation was not mutual or if there were disputes over property or child custody, the legal proceedings might be more complex, requiring careful negotiation or mediation to reach a settlement.
Documents To Prepare Before Filing A Divorce In Singapore
Before initiating the divorce process in Singapore, it is crucial to gather all the necessary documents to ensure a smooth legal process. As the Plaintiff in the divorce proceedings, you will need to engage a divorce lawyer to act on your behalf.
You will also need to authorise a Warrant to Act, which allows your lawyer to represent you in Court. If your spouse, the Defendant, wishes to contest the divorce, they may choose to engage their own lawyer.
If you and your spouse are living in or have been living in an HDB flat, you must obtain approval from the Housing & Development Board (HDB) regarding how the flat should be dealt with after the divorce.
The approval process usually takes about a month. Once all conditions for a divorce are met and it is clear that the marriage cannot be reconciled, you may proceed with filing a Writ of Divorce.
#1. Writ Of Divorce
The Writ of Divorce is the initial document that begins the divorce process. It is a crucial part of the legal proceedings as it formally notifies the other party, the Defendant, of your intention to dissolve the marriage. The Writ must be served on the Defendant personally to ensure they are aware of the proceedings.
This document must include specific information such as the details of the marriage, the grounds for the divorce, and any claims for child custody, spousal support, or division of property. It is essential to serve the Writ correctly to avoid any delays in the legal process.
Upon receiving the Writ, the Defendant has several options: they can agree to the divorce, which could lead to an uncontested divorce, or they can contest the divorce and the associated issues.
In cases of contested divorces, the Defendant may file a Defence, where they can state their opposition to the divorce or the claims made in the Writ. If both spouses agree on the dissolution process, the divorce proceedings can move forward more smoothly, potentially leading to a cost-effective and timely resolution.
#2. Statement Of Claim
The Statement of Claim plays a vital role in the divorce process. It outlines the Plaintiff’s reasons for seeking a divorce and specifies the grounds on which the Plaintiff believes the marriage has irretrievably broken down. Common grounds include adultery, unreasonable behaviour, desertion, or separation.
The Statement of Claim must include all relevant details, such as the specific incidents or circumstances that led to the marriage dissolution.
Additionally, it may contain claims for child custody, spousal support, and the division of matrimonial property. The accuracy and completeness of this document are crucial, as it sets the stage for the Court’s assessment and subsequent decisions regarding the marriage dissolution.
By filing a comprehensive and accurate Statement of Claim, the Plaintiff lays the foundation for the following legal proceedings. If the other party does not contest the divorce, the Court may issue an uncontested divorce decree based on the information provided.
However, if the Defendant disputes the claims, the case may require further legal proceedings, including mediation or a Court hearing.
#3. Statement Of Particulars
The Statement of Particulars is a crucial document that provides detailed information to support the claims made in the Statement of Claim. It outlines specific details about the facts and circumstances justifying the dissolution of marriage.
This document is intended to clarify and expand upon the reasons for seeking a divorce, such as adultery, unreasonable behaviour, desertion, or separation.
In this document, you must include comprehensive evidence and examples illustrating how the marriage has irretrievably broken down. For instance, if the grounds are based on unreasonable behaviour, the Statement of Particulars should provide instances and specifics that substantiate this claim.
The importance of a thorough and consistent Statement of Particulars cannot be overstated. It must align with the claims in the Statement of Claim to avoid any inconsistencies that might delay or complicate the divorce proceedings.
An experienced divorce lawyer can assist significantly in drafting this document to ensure all necessary details are accurately and clearly presented.
#4. Proposed Matrimonial Property Plan
The Proposed Matrimonial Property Plan outlines how you propose to divide the marital assets between you and your spouse. This plan is essential for addressing the distribution of property and financial matters during the divorce process.
Key components of the Proposed Matrimonial Property Plan include:
- Valuation of Assets: This involves determining the current value of all marital assets, including property, savings, and investments.
- Outstanding Debts: The plan should detail how any debts related to the matrimonial property will be handled.
- Proposed Distribution Methods: It should outline how you propose to divide the assets and debts based on contributions to the purchase price and other relevant factors.
The Court evaluates this plan to ensure that the proposed division is fair and reasonable. The goal is to achieve an equitable settlement that considers the contributions and circumstances of both parties.
A well-prepared plan can facilitate a smoother settlement and may contribute to a more amicable resolution of the divorce.
#5. Proposed Parenting Plan
If you and your spouse have minor children (under the age of 21), you will need to prepare a Proposed Parenting Plan. This document is critical for outlining the arrangements for child custody and visitation post-divorce.
The Proposed Parenting Plan should include:
- Living Arrangements: Specify where the children will live and the primary caregiver’s role.
- Decision-Making Responsibilities: Detail how major decisions regarding the children’s welfare, education, and health will be made.
- Visitation Schedules: Provide a clear schedule for how and when the children will spend time with each parent.
The Court assesses the Proposed Parenting Plan with a focus on the best interests of the children. It is crucial that the plan is practical and addresses the children’s needs and well-being. A well-thought-out plan can also assist in avoiding disputes and ensuring a smoother transition for the children.
Conclusion About The Dissolution Of Marriage
Navigating the dissolution of marriage in Singapore involves several crucial steps. From filing the initial divorce petition to finalising the divorce through an Interim Judgement, each stage requires careful consideration and adherence to legal requirements.
The complexity of divorce cases, whether uncontested or contested, underscores the need for expert legal guidance. A qualified divorce lawyer can help you navigate the intricacies of the legal process, ensuring that your rights are protected and that you achieve a fair settlement.
The emotional and legal aspects of marriage dissolution require careful handling, and having professional support can make a significant difference in reaching a resolution that considers all relevant circumstances.
At Tembusu Law, our dedicated team of family and divorce lawyers in Singapore is here to assist you through every stage of the divorce process. We offer comprehensive support in matters such as child custody, division of matrimonial assets, and other family law disputes.
Contact us today for a free consultation to understand your options and ensure that your legal affairs are managed with expertise and care.
For peace of mind and professional assistance in navigating your divorce case, reach out to Tembusu Law. Let us help you secure a fair outcome and guide you through the complexities of the family justice system.
Frequently Asked Questions About The Dissolution Of Marriage
Are There Specific Requirements For Spousal Support In The Dissolution Of Marriage?
Yes, spousal support (or maintenance) may be required depending on the financial circumstances of the parties involved. The Court considers various factors, including the duration of marriage and the financial needs of the lower-earning spouse.
Can A Divorce Lawyer Help With Both Contested And Uncontested Divorces?
Yes, a divorce lawyer can assist with both contested and uncontested divorces. They provide legal advice, file necessary documents, and represent clients through the dissolution process.
Where Can I Obtain The Marriage Certificate Needed For The Dissolution Of The Marriage?
A marriage certificate can be obtained from the Registry of Marriages (ROM) in Singapore. This document is essential for filing the divorce petition.
When Should A Proposed Parenting Plan Be Submitted During The Dissolution Of Marriage?
A proposed parenting plan should be submitted if there are minor children involved. It outlines custody arrangements and is typically required before the Court finalises the divorce decree.