Divorce is a life-changing decision, and understanding the legal process can make it less overwhelming. Knowing the Divorce requirements can help you navigate the process smoothly, whether it’s an amicable separation or a contested case.
In Singapore, Divorce requirements are set by the Women’s Charter, ensuring that couples meet specific conditions before filing in the Court. This blog will cover the key conditions, documents, and steps you need to take when applying for a Divorce.
Meeting The Divorce Requirements In Singapore
Before filing for Divorce, certain legal conditions must be met. These conditions help ensure that the Court only grants a Divorce when the marriage has genuinely broken down and the legal requirements are satisfied. Below are the key factors that determine eligibility for a Divorce in Singapore.
1. Jurisdiction & Residency
Not every married couple can file for Divorce in Singapore. The Court must have jurisdiction over the case, which means that at least one of the following conditions must be met:
- One spouse must be a Singapore citizen or permanent resident.
- One spouse must have lived in Singapore for at least three years before filing for Divorce.
If neither party meets these requirements, the Divorce cannot be processed in Singapore, and the couple may need to file in another country where they meet the residency criteria.
2. Minimum Marriage Duration
Under Singapore law, a couple must have been married for at least three years before they can file for Divorce. This rule prevents impulsive decisions and encourages couples to attempt reconciliation before resorting to legal separation.
However, exceptions can be made in cases of exceptional hardship or cruelty. If a spouse can prove that continuing the marriage would cause severe suffering, they may apply for Divorce before the three-year mark. This requires strong evidence and approval from the Court.
3. Proving That The Marriage Has Irretrievably Broken Down
The Court will only grant a Divorce if the marriage is beyond repair. The person filing for Divorce must prove that the relationship has irretrievably broken down, which can be established through one of the following legal grounds:
Adultery
If one spouse has committed adultery and the other finds it intolerable to continue the marriage, this can be used as grounds for Divorce. The spouse filing for Divorce must provide evidence, such as private investigator reports, messages, or witness testimonies. Simply suspecting adultery is not enough.
Unreasonable Behaviour
This refers to any conduct that makes it unreasonable for one spouse to continue living with the other. Examples include:
- Domestic violence or abuse (physical, emotional, or financial)
- Gambling or alcohol addiction
- Neglecting responsibilities or refusing to contribute to household finances
- Continuous arguments and hostility
Unreasonable behaviour does not have to be extreme. Even a series of minor incidents that make the marriage unbearable may be accepted by the Court.
Desertion
If one spouse has abandoned the other for at least two years without any intention of returning, the deserted spouse can file for Divorce on these grounds. They must show that the abandonment was intentional and that there has been no attempt to reconcile.
Separation For Three Years (With Consent)
Couples who have been living separately for at least three years can file for Divorce if both parties agree to the separation. This is considered an amicable Divorce, as both spouses acknowledge that the marriage is no longer working.
Separation For Four Years (Without Consent)
If one spouse does not agree to the Divorce, the other can still proceed if they have lived apart for four years. In this case, consent is not required because the prolonged separation itself proves that the marriage has ended.
Key Documents Needed For Divorce
Preparing the right paperwork can help avoid delays and ensure a smooth process. Below are the key documents needed when filing for Divorce.
1. Writ For Divorce
This is the formal legal document that initiates the Divorce process. It is submitted to the Court by the spouse filing for Divorce (known as the plaintiff). The Writ for Divorce informs the Court and the other spouse (the defendant) that a Divorce is being requested.
2. Statement Of Claim
The Statement of Claim provides details about the marriage and the reason for the Divorce. It includes:
- Personal details of both spouses (names, addresses, and occupations).
- Date of marriage and duration.
- Grounds for Divorce (such as adultery, unreasonable behaviour, or separation).
- A summary of what the plaintiff is seeking (e.g., custody of children, division of assets).
3. Statement Of Particulars
The Statement of Particulars expands on the details provided in the Statement of Claim. It provides specific incidents or evidence supporting the grounds for Divorce. This can include:
- Messages or emails that prove adultery or unreasonable behaviour.
- Reports from private investigators.
- Proof of separation, such as separate living arrangements.
4. Proposed Parenting Plan (If Children Are Involved)
A Proposed Parenting Plan must be submitted if the couple has children under 21. This document outlines:
- Custody arrangements (who has legal rights to make decisions for the child).
- Care and control (who the child will live with).
- Access rights (visitation schedules for the non-custodial parent).
- Financial support for the child.
5. Matrimonial Property Plan (If There Is A Shared Home)
If the couple owns a home together, they must submit a Matrimonial Property Plan. This document states:
- Whether the property will be sold or transferred.
- How will proceeds from the sale be divided?
- Who will continue staying in the home if it is not sold?
6. Affidavit Of Assets And Means
This is a sworn statement listing both parties’ financial situation, including:
- Income and employment details.
- Assets such as bank accounts, investments, and properties.
- Debts and liabilities.
The Divorce Process In Singapore
The Divorce process in Singapore follows a structured legal procedure, ensuring that both parties have the opportunity to present their case. Below is a step-by-step breakdown of what happens during a Divorce.
1. Filing The Divorce Application
The process begins when the plaintiff files the Writ for Divorce along with supporting documents in the Family Court. The Court will review the application to ensure all legal conditions are met.
Once accepted, the documents must be served to the defendant, who will have up to 22 days to respond. The defendant can either:
- Agree to the Divorce (uncontested case).
- Dispute the Divorce or its terms (contested case).
2. First Stage: Determining Divorce Grounds
The Court will first focus on whether the marriage has irretrievably broken down. If the defendant does not contest the Divorce, the Court will proceed to grant an Interim Judgment of Divorce.
In contested cases, both parties may be required to attend mediation sessions to try and resolve their differences. If no agreement is reached, the case will proceed to a trial where both sides present their arguments and evidence.
3. Second Stage: Resolving Ancillary Matters
Once the Court grants the Interim Judgment of Divorce, the case moves to the second stage, where ancillary matters are decided. These include:
- Division of assets – How matrimonial property, savings, and debts are split.
- Child custody and support – Determining care arrangements and financial responsibilities.
- Spousal maintenance – Whether one spouse needs to provide financial support to the other.
If the parties cannot agree, the Court will make a ruling based on factors such as financial contributions, earning potential, and the welfare of the children.
4. Final Judgment Of Divorce
After all ancillary matters are resolved, a Final Judgment of Divorce is issued. This officially ends the marriage. However, if any party is dissatisfied with the ruling, they may appeal within a specified period.
Conclusion About Divorce Requirements In Singapore
Understanding Divorce requirements is key to ensuring a smooth and fair legal process. Whether your case is straightforward or complex, seeking expert legal guidance can help you protect your interests.
At Tembusu Law, you’ll find the best Divorce lawyers in Singapore who can guide you through every step with clarity and confidence.
If you’re considering a Divorce, contact Tembusu Law today for a free consultation and take the first step towards a new chapter.
Frequently Asked Questions About Divorce Requirements In Singapore
Can I Get A Divorce If My Spouse Refuses To Agree?
Yes. If you can prove adultery, unreasonable behaviour, desertion, or four years of separation, you can proceed with the Divorce even without your spouse’s consent.
How Long Does The Divorce Process Take?
An uncontested Divorce can take about 4 to 6 months. A contested case, where parties dispute terms, can take more than a year.
What Happens If We Have Children?
The Court prioritises the welfare of the child. Parents must agree on custody, care, and access arrangements, or the Court will decide based on the child’s best interests.
How Is Property Divided In A Divorce?
Matrimonial assets, including the family home, savings, and investments, are divided based on each party’s contributions, financial status, and needs.
Where Can I Get Legal Help For My Divorce?
For professional legal assistance, Tembusu Law offers experienced and compassionate legal support to guide you through your Divorce process.
