When you think about Divorce, you might imagine long, bitter Court battles and pointing fingers. But that’s not always the case, especially not in Singapore, where both no-fault and fault-based Divorce options exist.
Understanding no-fault Divorce vs fault Divorce can help you make a clearer, more confident decision during a deeply personal time.
What’s The Difference Between A Fault Vs A No-Fault Divorce?
When you’re trying to understand no-fault Divorce vs fault Divorce, it helps to break down what the Court actually requires from each process.
In a fault Divorce, you’re essentially saying, “This marriage broke down because of what my spouse did.” The person filing the Divorce needs to prove that the other party is responsible. This could be through:
- Adultery – where one party has had a sexual relationship outside the marriage
- Unreasonable Behaviour – this might include emotional abuse, gambling problems, substance abuse, or neglect
- Desertion – when one spouse leaves the other without consent and without good reason, for at least two years
These claims must be backed by evidence. And because fault-based Divorce often involves disputes over what actually happened, the process can become more emotionally charged and legally complex.
On the flip side, no-fault Divorce is based on the understanding that the marriage has simply broken down over time, without either person being entirely “at fault.” In Singapore, this isn’t as straightforward as just saying you’ve grown apart. You still need to meet specific criteria:
- Three years of separation, and both parties agree to Divorce, or
- Four years of separation, and only one party agrees
So while the fault and no-fault Divorce labels might seem simple, the legal process behind each one is still structured and requires proof. But the tone and approach of each can be quite different—fault being more contentious, and no fault leaning towards mutual understanding and closure.
Fault Vs No-Fault Divorce: Which Option Works Better For You?
When it comes to fault vs no-fault Divorce, there’s no one-size-fits-all answer. The best option really depends on your relationship dynamics, personal values, and how willing each party is to work together during the process.
If your spouse has caused emotional, physical, or financial harm, you may feel that a fault Divorce is the only path to fairness. In such cases, proving fault can play a part in how the Court approaches issues like child custody, spousal maintenance, or asset division. That said, be prepared for a more complex and drawn-out process. Fault-based Divorces tend to involve disputes, witness statements, and possibly even appeals.
On the other hand, if both of you are emotionally ready to part ways and can reach an agreement on major matters like parenting and property, a no-fault Divorce could offer a smoother route. It’s generally less stressful, more affordable, and quicker. One big advantage? It helps keep your personal history out of public Court records, which is something many couples appreciate.
So, which is better: fault or no-fault Divorce? It depends on what you need to move forward with peace of mind. Some people want legal recognition of wrongdoing. Others simply want a clean and respectful separation.
At Tembusu Law, we guide you through that decision carefully, helping you assess your circumstances and choose the approach that fits your emotional and legal needs. Whether you choose fault or no fault, you’ll have the support of the best Divorce lawyer in Singapore standing firmly beside you.
Conclusion About Fault And No-Fault Divorce In Singapore
Making sense of no-fault Divorce vs fault Divorce isn’t always simple, especially when emotions are high. But you don’t have to figure it out alone. At Tembusu Law, we take the time to understand your situation and help you navigate every option.
If you’re ready for clarity, peace of mind, and the support of the best Divorce lawyer in Singapore, reach out today for a free consultation.
Contact us today and let’s take that next step together.
Frequently Asked Questions About Fault And No-Fault Divorce In Singapore
Can I File For No-Fault Divorce Immediately After Separation?
In Singapore, you need to be separated for at least three years (with consent) or four years (without consent) before applying for a no-fault Divorce.
Does A Fault Divorce Affect Child Custody Decisions?
Sometimes. While custody is based on the child’s best interests, certain types of fault (like abuse or neglect) may influence the Court’s decision.
Is No-Fault Divorce Less Expensive Than Fault Divorce?
Generally, yes. No-fault Divorce tends to be less contentious and faster, which often results in lower legal costs.
What Kind Of Evidence Do I Need For A Fault Divorce?
You’ll need to provide proof, such as messages, documents, or witness accounts, depending on the grounds you’re citing (e.g., adultery or unreasonable behaviour).
