Divorcing within 3 years of marriage in Singapore is rare and presents unique legal challenges. Under Singapore law, divorce in Singapore before 3 years is generally not allowed unless exceptional hardship or exceptional depravity can be proven.
These stringent conditions make the process complex and often require thorough legal guidance. If you’re considering a divorce in Singapore before 3 years, it’s essential to seek professional legal advice to understand your rights and navigate these challenges effectively.
This article explores the key considerations and legal pathways available for those facing early marriage divorce in Singapore.
Can I Divorce Less Than 3 Years In Singapore?
Typically, you can only begin divorce proceedings after three years of marriage. This means you must wait until your third wedding anniversary to file for divorce based on the irretrievable breakdown of the marriage.
The intention behind this rule is to give newlyweds enough time to work on their relationship rather than making impulsive decisions to separate.
However, under Rule 39 of the Family Justice Rules (FJR), there is an exception to this general rule. If you have been married for less than 3 years, you may file for divorce if you can prove either “exceptional hardship” suffered by you or “exceptional depravity” on the part of your spouse.
This is known as applying for leave to file for divorce, which means seeking the Court’s permission to file for divorce despite the three-year time bar.
Suffered Exceptional Hardship Or Exceptional Depravity
When seeking a divorce in Singapore within 3 years of marriage, it is crucial to understand what constitutes “exceptional hardship” or “exceptional depravity.”
The Family Justice Courts require strong evidence of these conditions before granting permission to file for divorce early, ensuring that marriage is not dissolved capriciously.
What Constitutes Exceptional Hardship?
Exceptional hardship is defined as suffering that is significantly out of the ordinary and more severe than what an ordinary person should reasonably be expected to endure in a marriage.
It goes beyond the typical challenges that couples might face and involves extreme distress that makes the continuation of the marriage unbearable.
Examples of exceptional hardship might include:
- Severe Emotional or Physical Abuse: If one spouse inflicts continuous emotional or physical harm on the other, leading to severe mental health issues or physical injuries, this could be considered exceptional hardship.
For instance, a spouse suffering from mental trauma due to sustained abusive speech and conduct may have grounds for proving exceptional hardship. - Financial Exploitation: If one spouse is financially exploiting the other to the extent that it causes significant distress or hardship, this could also qualify as exceptional hardship. This might include cases where one spouse drains the other’s financial resources or leaves them in overwhelming debt.
- Serious Health Impact: In cases where the stress of the marriage causes a severe health condition, such as the wife developing cancer due to stress caused by the marriage and also the husband’s affair.
- Serious Mental Illness: If one spouse is suffering from a mental illness that causes significant distress, this could qualify as exceptional hardship.
For example, a husband suffered from major clinical depression, which affected his work and life when his wife committed adultery at home when the adulterer refused to move out [Foo Teck Guan v Chan Yoke Han]
Other peculiar circumstances which may not have been explored by the Singapore Family Justice Courts may qualify as exceptional hardship. You may consult an experienced Family lawyer to explore other options based on your circumstances.
The Court will carefully examine whether the hardship endured is truly extraordinary and beyond what any married person should have to bear. Past conduct, current suffering, and the prospect of enduring additional hardship by waiting for the three-year period to elapse will all be considered in the Court process.
What Is Exceptional Depravity?
Exceptional depravity refers to exceptionally immoral or atrocious behaviour by one spouse that justifies an early divorce. The behaviour must be so severe that it goes beyond typical misconduct and is deemed exceptionally unreasonable by prevailing social and moral standards.
Examples of exceptional depravity include:
- Infidelity: While adultery itself is often grounds for divorce, exceptional depravity might be proven if a spouse engages in adulterous behaviour with multiple partners or engages in sexual intercourse within the family home, refusing to move out.
Such behaviour could be considered unusually atrocious, warranting early divorce proceedings. - Criminal Activities: If a spouse is involved in criminal activities, such as drug trafficking or serious fraud, this could be grounds for proving exceptional depravity. The behaviour would be judged as severely immoral and a valid reason to dissolve the marriage before reaching three years.
- Desertion: In cases where the deserting spouse shortly after the marriage shows no intention of returning, this might also constitute exceptional depravity.
An example is the case of Ng Kee Shee v Fu Gaofei, where the wife returned to China within months of the marriage and vowed not to return, leaving the husband in a state of abandonment.
In both exceptional hardship and depravity, the Court’s primary concern is whether the circumstances are truly extraordinary, making it unreasonable to expect the marriage to continue.
The Judge will weigh the severity of the situation and decide whether the marriage has irretrievably broken down, allowing the party filing for divorce to proceed.
Process Of Obtaining A Divorce Within 3 Years Of Marriage In Singapore
Obtaining a divorce within 3 years of marriage in Singapore is a challenging process due to the strict requirements set by the law.
The key criteria for this type of divorce involve proving that you have suffered exceptional hardship or that your spouse has engaged in exceptional depravity based on the affidavit and evidence before the Judge.
Below is a detailed step-by-step guide to help you navigate the process.
Step 1: Filing An Application To The Singapore Court
The process begins with the Plaintiff (the person seeking the divorce) applying to the Singapore Court. This application must clearly state the grounds for the divorce, focusing on proving that the Plaintiff has suffered exceptional hardship or that the Defendant (the other spouse) has engaged in exceptional depravity.
- To Prove Exceptional Hardship: You must provide substantial evidence showing that the difficulties faced during the marriage are extraordinary and beyond what any ordinary person should be expected to endure.
Examples may include severe emotional or physical abuse, financial exploitation, or health issues caused by the marriage. - To Prove Exceptional Depravity: This involves showing that your spouse’s behaviour has been unusually immoral or atrocious, such as engaging in repeated infidelity or criminal activities.
Step 2: Defendant’s Right Of Reply
After the application is filed, the Defendant has the right to respond. The Defendant can either contest the claims made by the Plaintiff or agree to the divorce. If the Defendant does not object, the matter will proceed to a hearing.
Step 3: Court Hearing And Evaluation
The next step is for the case to be heard by a judge. During this hearing, the Judge will review the evidence provided by the Plaintiff to determine whether exceptional hardship or exceptional depravity has been sufficiently proven.
- Judge’s Consideration: The Judge will evaluate the evidence and affidavits to decide if the hardship or depravity faced by the Plaintiff is indeed exceptional.The Singapore Court takes these cases seriously, aiming to protect the sanctity of marriage by ensuring that divorces within 3 years are only granted under extraordinary circumstances.
Step 4: Judge’s Decision
The Judge will then make a decision based on the evidence presented:
- If the Judge is Satisfied: If the Judge is convinced that the Plaintiff has met the high threshold for exceptional hardship or depravity, an Order of Court will be granted. This order allows the marriage to commence divorce proceedings even though 3 years of marriage have not yet passed.
- If the Judge is Not Satisfied: If the Judge is not satisfied that the Plaintiff has fulfilled the necessary criteria, the case will be dismissed. In this scenario, the parties will have to wait until they have been married for 3 years before they can commence divorce proceedings.
Step 5: Filing For Divorce
Once the Court Order is granted, the Plaintiff can proceed to file for divorce. The divorce process will then follow the standard procedure under Singapore law, which includes proving that the marriage has irretrievably broken down. Grounds for this might include unreasonable behaviour, adultery, or desertion.
Step 6: Ancillary Matters
In addition to the divorce itself, the Court must also resolve all ancillary matters. These matters include:
- Custody, Care, and Control of Children: Determining who will have custody and how the care and access arrangements will be handled.
- Division of Matrimonial Assets: The Court will decide how the couple’s assets, including HDB or private properties, will be divided. The division of matrimonial assets is based on various factors, such as the financial contributions of each party and the needs of any children.
- Spousal Maintenance: The Court will also decide if one spouse should provide financial support to the other during or after the divorce process.
Step 7: Draft Consent Order Or Interim Judgment
Once the ancillary matters are settled through private negotiation, Court mediation, or a judge’s decision, the terms are recorded in a draft consent order or an Interim Judgment. This document outlines the agreed-upon terms, and the Court will issue an Ancillary Matters Order or an Order of Court accordingly.
Step 8: Grant Of Final Judgement
Finally, after the Interim Judgment, the Court will grant a Final Judgement for Divorce, also known as the Certificate of Divorce. This marks the official dissolution of the marriage.
Other Alternatives To Divorce If There’s No “Exceptional Hardship Or Depravity”
If you find yourself in a situation where you cannot meet the grounds for divorce before 3 years of marriage in Singapore, there are alternative legal avenues to consider. These options can help avoid lengthy and costly Court battles, offering a more practical approach to addressing marital issues.
Informal Separation
Informal separation involves an arrangement where you and your spouse agree to live apart without any formal legal documentation.
This option allows both parties to lead separate lives while still remaining legally married. It is based on mutual agreement and doesn’t require Court involvement, making it a more straightforward and cost-effective solution for couples who need time apart.
One of the main advantages of informal separation is the lower cost involved. Since there is no need for legal fees or Court appearances, it is significantly less expensive than pursuing a divorce or legal separation.
Additionally, the process is simple and doesn’t require the formalities of a Court process, which can reduce the stress typically associated with legal proceedings.
However, informal separation also comes with disadvantages. The lack of legal protection is a significant drawback, as there’s no official record of the separation.
This can lead to complications regarding finances, property, and child custody if disputes arise later on. Without a legal framework, issues such as providing reasonable maintenance or the division of assets can become problematic, potentially leading to disagreements that might require Court intervention in the future.
An informal separation is a viable option if both parties can maintain a cordial relationship. It allows them to move on with their lives without the immediate need for a formal divorce. However, it’s essential to consider the potential risks and lack of legal protection that come with this arrangement.
Annulment Of Marriage
Annulment of marriage is another alternative for couples married for less than 3 years. Unlike a divorce, an annulment legally declares the marriage null and void, as if it never existed. In Singapore, annulments are granted under specific conditions as outlined in Section 106 of the Women’s Charter.
An annulment can be pursued if one party was forced into the marriage or did not fully understand the implications, leading to a lack of consent.
Additionally, if either party is unable to consummate the marriage and this condition is incurable, an annulment may be granted. Cases of fraud or misrepresentation, where the marriage occurred under false pretences or significant misrepresentation by one party, can also be grounds for an annulment.
The effect of an annulment is that the marriage is considered voidable, meaning both parties are placed in a position as if the marriage never happened. This can be a suitable option for those who realise early on that the marriage should not have occurred under the circumstances.
One of the benefits of annulment is that it restores the single status of both parties. Once annulled, they are legally recognised as never having been married, which can be important for personal and legal reasons.
Additionally, since an annulment treats the marriage as though it never existed, it may be preferable for those who wish to avoid the stigma sometimes associated with divorce.
However, it’s important to note that annulment is only granted under specific conditions. It’s crucial to ensure that your situation meets the legal requirements before pursuing this option.
Although less complex than a divorce, annulment still requires a Court process to prove the grounds, making legal advice essential.
Deed Of Separation
A deed of separation is a legally binding document that outlines the terms of separation agreed upon by both spouses. This document covers various aspects of the separation, such as the division of property, child custody, spousal maintenance, and other financial arrangements.
The deed of separation allows both parties to agree on these terms without involving the Court, offering a more flexible and private solution.
Couples may opt for a deed of separation for several reasons. One key advantage is its flexibility. The terms can be tailored to the specific needs and circumstances of the couple, allowing them to address their concerns in a way that suits both parties.
The deed of separation can also protect both parties’ interests, providing legal clarity and security without going through the lengthy and often stressful divorce process.
For those married for less than 3 years, a deed of separation can be a practical alternative to Divorce in Singapore before 3 years. It allows the couple to live separately while remaining legally married, providing time to consider whether they want to proceed with a divorce after the three-year time bar has passed.
Once three years have elapsed, the deed of separation can be used to file for a divorce based on three years’ separation with consent, making it a useful tool for couples who are not yet ready to commence divorce proceedings but wish to formalise their separation.
Judicial Separation
Judicial separation is a formal legal process in which the Court recognises the separation of spouses without terminating the marriage. Unlike a divorce, where the marriage is legally dissolved, judicial separation allows the couple to live apart while remaining legally married.
This process involves Court proceedings similar to those required for a divorce, where one party must prove that the marriage has irretrievably broken down.
Judicial separation may be preferred over divorce in several scenarios. For some couples, religious beliefs may prevent them from seeking a divorce, making judicial separation a more suitable option.
Others might choose judicial separation to obtain legal clarity while living apart, especially if the couple faces difficulties but is not ready to end the marriage entirely.
Judicial separation is also a viable option for couples who are time-barred from filing for a divorce, as it allows them to formalise their separation without waiting for the three-year rule to be satisfied.
While judicial separation provides a formal recognition of the couple’s decision to live apart, it does not terminate the marriage. Both parties remain legally married and must still commence divorce proceedings if they decide to end the marriage after the three-year time bar.
However, judicial separation can offer the necessary legal framework and protection during the separation period, ensuring that both parties’ rights and obligations are clearly defined.
Conclusion About Divorce In Singapore Less Than 3 Years
In Singapore, couples married less than 3 years face specific legal restrictions when seeking a divorce. Divorce within 3 years of marriage is generally prohibited unless exceptional circumstances, such as exceptional hardship or depravity, can be proven.
If these conditions are not met, couples must explore alternative options, such as informal separation, annulment, a deed of separation, or judicial separation.
Given the emotional and legal complexities involved in considering divorce within 3 years of marriage, seeking professional legal advice is crucial.
An experienced divorce lawyer can help you understand your rights, navigate the divorce process, and explore all possible avenues to resolve your issues, whether through divorce, separation, or alternative solutions.
At Tembusu Law, our team of dedicated family and divorce lawyers in Singapore is here to provide legal advice and representation at all stages of the divorce process in the Family Justice System.
We understand that getting a divorce in Singapore can be complicated, especially when dealing with matters such as child custody, division of matrimonial assets, and maintenance orders.
Our team is committed to helping clients claim their fair share in matrimonial assets and manage all aspects of family law, including contested and uncontested divorces, child custody, Personal Protection Orders (PPOs), and more.
Get in touch with our team of Singapore divorce lawyers for a free consultation on your case today. If you want peace of mind knowing that your legal matters are in good hands, contact us at Tembusu Law today!
Frequently Asked Questions About Divorce In Singapore Less Than 3 Years
Is There A Difference In The Divorce Process For Marriages Of Less Than 3 Years Compared To Those Over 3 Years?
Yes, there is a notable difference. For marriages under 3 years, the grounds for divorce are more restrictive; you must prove exceptional hardship or exceptional depravity to obtain a divorce.
In contrast, for marriages exceeding 3 years, you can file for divorce based on standard grounds such as unreasonable behaviour, adultery, or separation for a specified period. This difference is due to the stricter legal requirements to ensure that the decision to divorce in early marriages is thoroughly justified.
When Should I Consider Filing For A Deed Of Separation If Divorce Within 3 Years Is Not Feasible?
You should consider filing for a deed of separation if you and your spouse wish to formalise your separation while waiting for the 3-year period to elapse. This option allows you to outline terms such as property division and child custody without going through a formal divorce process.
Filing a deed of separation can help you manage your affairs and prepare for divorce once the legal time frame has passed, facilitating a smoother transition when you proceed with divorce proceedings.
Can Exceptional Hardship Claims Be Challenged By The Other Party In Divorce Proceedings?
Yes, exceptional hardship claims can be challenged by the other party during divorce proceedings. The opposing party may present counter-evidence or arguments to dispute the claims of hardship, potentially leading to a contested Court process.
The Court will then evaluate all evidence and arguments to determine whether the claims of exceptional hardship are valid and sufficient to justify a divorce before the 3-year mark.
Can Both Parties Agree To A Divorce Within 3 Years, Or Is It Solely Dependent On Proving Exceptional Hardship?
Both parties can agree to a divorce within 3 years, but mutual agreement alone is not sufficient. To proceed with a divorce before the 3-year mark, one party must still prove exceptional hardship or exceptional depravity as required by Singaporean law.
Even if both parties consent to the divorce, the Court requires that the grounds for exceptional hardship or depravity be substantiated for the divorce to be granted.
