The ability to Divorce by Mutual Agreement (DMA) in 2023 because the law has not taken effect yet, although it was passed in 2021. But this year, 2024, couples now have the option to dissolve their marriage through mutual consent.
Starting from July 1, married couples in Singapore can now cite mutual agreement as a reason for divorce if they both agree that their marriage has broken down irretrievably.
Before this new law, couples could only get divorced in Singapore if they could prove their marriage had irretrievably broken down due to one of five grounds: adultery or infidelity, unreasonable behaviour, desertion, separation of three years with consent, or separation of four years without consent.
This significant change allows couples to part ways amicably without attributing fault to either party. Here are five facts about the new law that couples considering an amicable way to separate should know.
1. Couples Must Have Been Married For At Least 3 Years
To be eligible for DMA, couples must have been married for at least three years, as stated in the Women’s Charter. This duration ensures that the couple has had sufficient time to work through any issues and make efforts to reconcile before seeking a Divorce.
The 3-year requirement is a safeguard to ensure that the marriage has truly broken down and that there is no reasonable possibility of reconciliation. It also prevents frivolous or hasty divorces.
The law requires couples to have been married for at least three years, ensuring that they have had sufficient time to work through any issues and make informed decisions about their marriage and future.
2. Couples Must State Reasons Their Marriage Has Irretrievably Broken
They must also submit to the Court a written agreement outlining the reasons for their marriage’s irretrievable breakdown. Couples do not need to attribute fault or blame to either party. They can simply state why they agree that the marriage has broken down. They can cite:
- Differences in cultural and other values
- Having constant arguments due to misunderstandings
- No longer having any love for each other
- Growing apart
The Court will only allow the Divorce if it is satisfied with the couple’s reasons for the marriage’s breakdown or finds no reasonable possibility of reconciliation.
3. Couples Must Show Efforts To Reconcile
Couples must demonstrate to the Court that they have genuinely tried to reconcile to proceed with a Divorce by Mutual Agreement. Examples include:
- Showing they have already attended mediation or counselling sessions, but these were unsuccessful in repairing the relationship.
- Providing documentation or communications between the spouses or their representatives that show attempts to reconcile, but these efforts were not reciprocated or did not lead to a resolution.
- This explains how trust has been broken repeatedly in the marriage despite the couple giving the relationship another chance to work.
- Giving specific examples of one spouse’s attempts to repair the relationship, which the other party did not match.
The key is for the couple to provide as much detailed information as possible to the Court about their sincere efforts to reconcile and save the marriage, ultimately concluding that the marriage has irretrievably broken down.
4. Couples Must Submit Arrangements For Children And Finances
When applying for Divorce by Mutual Agreement (DMA) in Singapore, couples must submit detailed arrangements for their children and finances to the Court. This requirement ensures that the well-being of all parties involved, especially minor children, is prioritised and protected.
Arrangements For Children
The Divorce agreement must include specific terms regarding the care and custody of any children of the marriage, such as:
- Who will have primary care and control of the children
- The visitation rights and access arrangements for the non-custodial parent
- How major decisions regarding the children’s upbringing will be made
- The financial support and maintenance for the children
The Court will scrutinise these arrangements to ensure they are in the children’s best interests and provide for their physical, emotional, and financial well-being.
Financial Arrangements
The Divorce agreement must also outline the financial arrangements between the spouses, including:
- The division of matrimonial assets and property
- Spousal maintenance, if applicable
- The settlement of any outstanding debts or liabilities
The financial arrangements must be fair and equitable, taking into account factors such as the duration of the marriage, each party’s financial needs and resources, and their respective contributions to the marriage.
The Divorce agreement containing the arrangements for children and finances must be presented to the Court for approval. The Court will review the terms and content of the agreement to ensure it is fair and reasonable and adequately protects the interests of any children involved.
If the Court is satisfied with the arrangements, it will grant the divorce decree. However, if the Court finds the arrangements unsatisfactory or believes there is a reasonable possibility of reconciliation, it may reject the divorce agreement.
5. The Mandatory Co-Parenting Programme Is Extended To All Couples With Children Below 21
With the new law, the Mandatory Co-parenting Programme (CPP) has been extended to all divorcing couples with children below 21 years old.
The aim of the CPP is to help couples understand the impact of their decision to Divorce on their children and facilitate effective co-parenting strategies to prioritise the well-being of the kids.
The CPP consists of an online e-learning component and a mandatory individual or couple consultation with a counsellor from a Divorce Support Specialist Agency or Strengthening Families Programme.
The extension of the mandatory programme to all divorcing parents with minor and older children is intended to ensure child-centric outcomes and promote cooperative co-parenting during and after the Divorce process.
Over 95% of participants in the Mandatory Parenting Programme (MPP), CPP’s previous name, reported increased awareness of the impact of divorce on their children and the need to prioritise the children’s interests over their own.
6. Each Spouse Must Be Represented By Their Lawyer
Having separate lawyers helps balance power dynamics during negotiations, preventing coercion and protecting each spouse’s rights. Legal representation facilitates communication, aids in conflict resolution, and helps draft comprehensive and legally sound agreements.
Mandatory legal representation ensures compliance with legal standards and safeguards the rights of both parties, especially in cases where one spouse may be vulnerable.
Overall, this requirement in Divorce proceedings aims to uphold fairness, protect individual rights, and promote a smooth and equitable resolution of the Divorce process.
Advantages & Disadvantages Of Opting For Divorce By Mutual Agreement
Divorce by mutual agreement offers a smoother, less confrontational process, reducing emotional stress, time, and legal costs. However, it requires both spouses to agree, and disputes over financial or custody matters may still arise. Understanding the benefits and limitations helps couples make an informed decision.
Advantages of Divorce by Mutual Agreement
- Less Emotional Strain
Divorce can be emotionally taxing, especially when conflicts arise over fault-based claims. By choosing a Divorce by mutual agreement in Singapore, couples can avoid unnecessary disputes and proceed amicably, reducing stress for both parties. - Faster Resolution
Traditional Divorce proceedings that involve disputes over fault, finances, or custody arrangements can take months or even years to conclude. With a Singapore Divorce mutual agreement, couples can streamline the process, as both parties have already reached a consensus before filing. - More Cost-Effective
Contested Divorces often require extensive legal representation, mediation, and court hearings, all of which contribute to higher legal costs. By opting for Divorce by mutual agreement, couples can minimise expenses, as fewer legal interventions are needed. - Greater Control Over the Outcome
When both spouses agree on the terms of their separation, they retain more control over decisions regarding asset division, spousal maintenance, and child custody. This contrasts with contested Divorces, where the Court may impose arrangements that neither party finds ideal. - Less Disruption for Children
Children can be deeply affected by a contentious Divorce. By opting for Divorce by mutual agreement in Singapore, parents can shield their children from heated legal battles and create a more stable post-divorce environment. - No Need to Prove Fault
Previously, couples had to establish grounds for Divorce, such as adultery, unreasonable behaviour, or prolonged separation. The Divorce mutual agreement in Singapore allows couples to separate without assigning blame, which helps to maintain a respectful relationship post-divorce. - Avoiding Public Scrutiny
Contested Divorces, especially those involving fault-based claims, may lead to personal matters being publicly discussed in Court. With a Divorce by mutual agreement, private details remain confidential, making the process more discreet.
Disadvantages of Divorce by Mutual Agreement
- Mutual Consent Is Required
One of the main limitations of this process is that both spouses must agree to the Divorce. If one party refuses, even for personal reasons, the process cannot proceed, making it unsuitable for cases where only one spouse wants to end the marriage. - Not Ideal for Situations of Abuse or Power Imbalance
In cases where one spouse exerts financial, emotional, or psychological control over the other, the Divorce mutual agreement in Singapore approach may not be appropriate. The weaker party might feel pressured into accepting unfair terms without fully understanding their rights. - Court Approval Is Still Required
Although couples may agree on their Divorce terms, the Court has the authority to review and reject the agreement if it deems the arrangements unfair or not in the best interests of the children. This means there is no absolute guarantee that the Court will accept the proposed terms. - Disputes Over Ancillary Matters May Still Arise
Even if both parties agree to Divorce, disagreements can still occur regarding ancillary matters such as asset division, child custody, and maintenance. These disputes may require legal intervention, prolonging the process despite the mutual agreement. - No Immediate Divorce for Short Marriages
To be eligible for a Singapore Divorce mutual agreement, couples must have been married for at least three years. Those in shorter marriages must seek alternative legal grounds or wait until they meet the minimum requirement before filing. - May Lead to Unfair Settlements Without Legal Guidance
While the process is designed to be straightforward, some individuals may agree to terms that are not in their best interests simply to expedite the Divorce. Without proper legal advice, a party may unknowingly forfeit financial support or assets they are entitled to. - Limited Recourse If Circumstances Change
Once the agreement is finalised and approved by the Court, making changes can be difficult. If circumstances change significantly (such as job loss or relocation), modifying maintenance or custody arrangements may require further legal proceedings.
How Does Divorce By Mutual Agreement Differ From Other Divorce Options?
1. A No-Fault Approach To Divorce
With this method, both spouses can jointly apply for a Divorce without placing blame on either party for the breakdown of the marriage. This makes it a no-fault option, allowing couples to separate amicably without citing reasons such as adultery, unreasonable behaviour, or desertion.
In contrast, fault-based Divorces require one spouse to take legal action against the other, presenting evidence to support their claim. For instance, in cases involving adultery, the initiating party must provide proof and demonstrate that they can no longer continue living with their spouse.
2. No Mandatory Separation Period
Unlike other Divorce methods that require couples to live apart for a specific duration before filing, Divorce by mutual agreement in Singapore allows spouses to remain in the same household until they submit their application.
How To Apply For A Divorce By Mutual Agreement?
To initiate a divorce by mutual agreement in Singapore, both spouses must submit a written agreement to the Court confirming that their marriage has irretrievably broken down. This document should include:
- The reasons they believe the marriage has broken down beyond repair.
- The reconciliation efforts they have undertaken.
- Their proposed arrangements regarding finances and child-related matters after the divorce.
Key Considerations When Filing for Divorce by Mutual Agreement
- Court Review of the Written Agreement
- The Court will assess whether both parties have voluntarily entered into the agreement and fully understand its terms.
- If the agreement lacks sufficient detail or clarity, the Court may require the couple to attend mediation, counselling, or family support programmes.
- Possibility of Reconciliation
- The Court will also evaluate whether there is a reasonable chance of reconciliation.
- If the Court determines that reconciliation is possible, it may reject the divorce application and direct the couple to participate in mediation or counselling.
Conclusion About Divorce By Mutual Agreement In Singapore
The introduction of the new law allowing Divorce by Mutual Agreement in Singapore marks a significant step towards providing couples with a more amicable and efficient way to end their marriage.
To summarise the requirements of DMA, couples must have been married for at least 3 years, they must provide the Court with reasons why their marriage has irretrievably broken down, and show they have made efforts to reconcile and submit arrangements for their children and financial affairs. Each spouse must also be represented by their own lawyer.
This legislation aims to streamline the Divorce process and promote positive outcomes for all parties involved by emphasising mutual consent, efforts to reconcile, and the well-being of children.
If you are looking for legal representation, contact Tembusu Law. Our expert family law and divorce lawyers in Singapore can guide you through the Divorce process, help you draft statements, and meet other Court requirements. For any criminal law issues, our experienced criminal lawyers in Singapore are also available.
Call us today for a consultation!
Frequently Asked Questions About Divorce By Mutual Agreement In Singapore
What Is The Role Of The Court In A Divorce By Mutual Agreement In Singapore?
The Court reviews the Divorce agreement to ensure it is fair and reasonable and that the couple has genuinely tried to reconcile. If the Court is satisfied with the agreement, it will grant the divorce decree.
How Long Does The Divorce By Mutual Agreement Process Typically Take In Singapore?
The Divorce by Mutual Agreement process typically takes several months to a year, depending on the complexity of the case and the parties’ efficiency in submitting the necessary documents and agreements.
Are There Any Benefits To Divorce By Mutual Agreement In Singapore?
Divorce by Mutual Agreement offers an amicable and cost-effective way to legally dissolve a marriage. It also allows spouses to maintain control over the Divorce process and make decisions that prioritise the well-being of their children.
What Happens If One Spouse Does Not Agree To A Divorce By Mutual Agreement?
If one spouse does not agree to a Divorce by mutual agreement, the couple can still pursue a Divorce through other means, such as citing other grounds for Divorce under the Women’s Charter.
