Divorce is more than just the end of a marriage—it is a legal process that brings significant emotional and financial changes. Whether the decision is mutual or contested, understanding what Divorce means can help individuals prepare for the journey ahead.
This guide explores the meaning of Divorce, the legal implications, and what individuals should expect if they are considering filing for one.
What Is Divorce?
Divorce is the legal termination of a marriage, granting both parties the right to remarry. It is not simply about ending a relationship but also involves matters such as the division of assets, child custody, maintenance, and other legal obligations. In Singapore, the Women’s Charter governs the process, which outlines the legal grounds and requirements for obtaining a Divorce.
The Legal Grounds For Divorce
To obtain a Divorce, the Court must be satisfied that the marriage has irretrievably broken down. This is proven through one or more of the following legal grounds:
Adultery
If one spouse has committed adultery, making it intolerable for the other to continue the marriage, the affected spouse may file for Divorce. However, the spouse seeking Divorce must provide evidence of the adultery, which can sometimes be challenging.
Unreasonable Behaviour
If one spouse has exhibited conduct that makes it impossible for the other spouse to continue living with them, it may serve as grounds for Divorce. This could include abusive behaviour, financial irresponsibility, or persistent neglect of marital responsibilities. The Court assesses each case individually to determine if the behaviour is severe enough to justify Divorce.
Desertion
When one spouse abandons the other for a continuous period of at least two years without any reasonable cause or intention to return, the deserted spouse may file for Divorce. This ground requires proof that the deserting spouse has been absent and has shown no effort to reconcile.
Separation
Separation is another way to prove that a marriage has broken down irretrievably. If both parties have lived apart for at least three years and agree to the Divorce, it is generally granted without dispute. If one party does not consent, the separation must be for at least four years before Divorce can proceed. The separation does not necessarily mean living in different homes, but there must be clear evidence that the couple has been living separate lives.
The Divorce Process In Singapore
Divorce proceedings in Singapore typically involve several legal steps, ensuring that all aspects of the separation, including financial and custodial matters, are appropriately handled. Below is a breakdown of the process:
- Filing for Divorce – One spouse (the plaintiff) files a Writ for Divorce with the Family Justice Courts. This document formally starts the legal process and includes the reason for seeking Divorce based on one of the recognised legal grounds.
- Service of Documents – The Writ for Divorce and other relevant legal documents must be served on the other spouse (the defendant). The defendant has a set period to respond, either agreeing to or contesting the Divorce.
- Mediation and Counselling – If children are involved, Mandatory parenting programmes and mediation sessions may be required. The goal is to help both parents agree on custody and care arrangements to minimise conflict and ensure the child’s well-being.
- Interim Judgment – If the Court finds that the marriage has irretrievably broken down, an Interim Judgment is granted. This is the first stage of legal dissolution, but it does not finalise the Divorce immediately.
- Ancillary Matters Hearing – This stage involves resolving key financial and custodial matters, such as child custody, spousal maintenance, and the division of matrimonial assets. If both parties reach an agreement on these issues, the process is quicker. However, if disputes arise, the Court will conduct hearings to determine a fair resolution.
- Final Judgment – The Divorce is finalised three months after the Interim Judgment, granting legal dissolution of the marriage. Once the Final Judgment is issued, both parties are legally considered single and can remarry if they choose.
Key Considerations In A Divorce
Beyond the legal process, individuals must consider the emotional, financial, and logistical factors that come with ending a marriage. These considerations ensure a smoother transition and help individuals prepare for life after Divorce.
1. Child Custody And Access
One of the most sensitive aspects of Divorce is the welfare of children. The Court prioritises the child’s best interests when determining custody, care, and access arrangements. Custody refers to the right to make major decisions for the child, such as education, medical care, and religion.
In Singapore, the Court may grant joint custody (both parents share decision-making rights) or sole custody (one parent has full authority). However, care and control determine which parent the child will primarily reside with, while the other parent is granted access rights, which may include supervised or unsupervised visitation.
The Court assesses various factors, including the child’s emotional and physical well-being, the parents’ financial stability, and the existing parent-child bond, to ensure a fair arrangement.
2. Division Of Matrimonial Assets
Assets acquired during the marriage, including property, savings, and investments, are subject to equitable division. The Court follows the principle of fairness rather than equal division during the division of matrimonial assets. Factors considered include direct financial contributions (such as income used to purchase property), indirect contributions (such as homemaking and caregiving duties), and the needs of children, if any.
Additionally, the duration of the marriage and each party’s future earning potential play a role in asset distribution. The Court aims to ensure that both parties have a fair opportunity to rebuild their financial independence post-divorce.
3. Spousal And Child Maintenance
The Court may order one party to provide financial support to the other spouse or children to ensure their well-being post-divorce. Spousal maintenance is assessed based on factors such as the receiving spouse’s financial needs, earning capacity, and contributions during the marriage.
Maintenance may be granted as a lump sum or in periodic payments. Child maintenance, on the other hand, is a legal obligation to ensure that children are financially supported until they reach adulthood.
The Court considers the child’s educational needs, daily expenses, and medical care when determining the appropriate maintenance amount. Both parents are expected to contribute in proportion to their means.
4. Emotional And Financial Impact
Divorce is not just a legal matter; it comes with emotional and financial challenges. Emotionally, Divorce can be stressful, leading to feelings of loss, anxiety, and uncertainty about the future. Many individuals benefit from seeking support through counselling or support groups to help them cope with the emotional impact.
Financially, Divorce may result in changes in living arrangements, adjustments to lifestyle, and the need for financial independence. Understanding financial obligations such as spousal and child maintenance, division of assets, and future financial planning is crucial to ensuring a stable transition. Seeking professional advice from legal and financial experts can help individuals navigate these challenges effectively.
Conclusion About The Meaning Of Divorce
Divorce is a significant life event that requires careful consideration and preparation. Understanding the legal process and rights can help individuals navigate Divorce more effectively. If you are considering Divorce and need legal advice, consulting experienced lawyers can make all the difference.
We, at Tembusu Law, have some of the best criminal lawyers in Singapore, providing expert guidance to protect your interests.
Contact us today for a FREE consultation.
Frequently Asked Questions About The Meaning Of Divorce
How Long Does A Divorce Take In Singapore?
The duration varies depending on whether the Divorce is uncontested or contested. An uncontested Divorce can take about four to six months, while a contested Divorce may take over a year.
How Are Matrimonial Assets Divided?
The Court considers contributions made by both parties, financial needs, and the welfare of children before making a fair and equitable division of assets.
Will I Need To Pay For Spousal Maintenance?
Spousal maintenance depends on factors such as financial needs, earning capacity, and standard of living during the marriage. The Court determines the amount and duration if required.
Can I File For Divorce If My Spouse Does Not Agree?
Yes, but you must prove that the marriage has irretrievably broken down under one of the recognised legal grounds.
Should I Hire A Lawyer For My Divorce?
It is advisable to seek legal representation, as a lawyer can guide you through the process, protect your interests, and ensure a fair outcome in the Divorce proceedings.
