Facing a Divorce is difficult enough, but what if one spouse doesn’t want a Divorce? In Singapore, one partner’s unwillingness doesn’t have to be a barrier to ending a marriage. Understanding your legal options is essential if one spouse doesn’t want Divorce, as there are steps you can take to proceed.
From filing independently to navigating the challenges of a contested Divorce, this guide covers what to do when a partner resists, helping you move forward confidently.
Can You File For Divorce If Your Spouse Doesn’t Agree?
Yes, one spouse can initiate Divorce proceedings even if the other doesn’t agree. So, what happens if one spouse doesn’t want a Divorce? Fortunately, the lack of mutual consent doesn’t prevent Divorce from proceeding, although it may involve additional steps to address objections or disputes from the resistant party.
Divorce proceedings can take two primary routes: uncontested and contested. An uncontested Divorce occurs when both parties agree on the Divorce and any ancillary matters, like asset division, child custody, and maintenance. This type of Divorce is usually quicker and simpler, as it involves fewer disputes.
However, when a spouse does not want a Divorce, it may become a contested Divorce. In this case, the resistant spouse may challenge the Divorce by disputing the grounds for Divorce or by objecting to terms regarding custody, property division, or maintenance. A contested Divorce requires the Court to step in and determine these matters. This process can take longer and may involve Court hearings where both spouses present their cases.
Ultimately, the law prioritises the right of either spouse to seek a Divorce if they can show sufficient grounds under Singapore’s legal framework, even if the other spouse disagrees.
How To Proceed When Your Spouse Opposes The Divorce
If you’re wondering what happens when one spouse doesn’t want a Divorce, knowing that their opposition does not prevent you from moving forward is helpful. Instead, the process may become more complex, requiring additional legal steps to manage disputes.
Here are some common scenarios and how to handle them under Singapore law:
Responding To A Defence Against Divorce
When one spouse opposes the Divorce, they may file a defence, challenging the grounds or details of the Divorce application. In response, you may need to file a Reply to Defence and Counterclaim, which addresses each point raised by your spouse. This process involves submitting documents and may require Court hearings to present your case if the issues cannot be resolved privately.
When A Spouse Ignores Divorce Papers
If your spouse avoids responding to the Divorce papers, this is often viewed as a form of resistance. Singapore Courts allow you to proceed even if your spouse does not formally respond through a Request for Setting Down Action for Trial.
If Your Spouse Refuses To Attend Court Hearings
Some spouses may refuse to attend scheduled Court hearings, thinking this will halt the Divorce. However, under Singapore law, non-attendance does not prevent the Court from making a decision. If your spouse is repeatedly absent without a valid reason, the Court may proceed based on the evidence you provided and any available documentation.
Can You Apply For Divorce If Your Spouse Doesn’t Agree? (Syariah Law Perspective)
In Singapore, Muslim marriages and divorces can fall under the jurisdiction of Syariah law, which the Syariah Court handles. Under Syariah law, a spouse can initiate Divorce proceedings even if the other does not consent. However, the process and requirements differ from civil law, emphasising reconciliation efforts and religious guidelines.
Talak By The Husband
The husband can pronounce Talak in Syariah law, effectively ending the marriage. This pronouncement does not require specific grounds or justification, meaning the husband can initiate Divorce without his wife’s agreement, and she has limited grounds to contest it.
However, if the husband does not provide a valid reason, he may face certain repercussions, such as financial obligations that could be more significant or limitations on child custody.
Fasakh (Annulment)
Fasakh allows a wife to apply for an annulment under certain conditions, such as mistreatment or if the husband is incapable of fulfilling marital obligations. Even if the husband opposes, the Syariah Court has the authority to grant the annulment if the wife can provide sufficient evidence, often supported by two witnesses, as required under Section 49 of Singapore’s Administration of Muslim Law Act (AMLA).
Khuluk (Redemption)
Another option for a wife seeking Divorce is Khuluk or Divorce by redemption. This involves a payment from the wife to the husband in exchange for his pronouncement of Talak. While Khuluk requires mutual agreement, it can be a viable path when the husband is unwilling to initiate Divorce. The Syariah Court will determine an appropriate amount for the payment.
Cerai Taklik
A Taklik agreement is often made during or after the marriage, laying out conditions in the Marriage Certificate that both spouses must follow. If the husband breaches any condition outlined in the Taklik, the wife has grounds to apply for Cerai Taklik Divorce, regardless of his consent.
Talak by Hakam (Arbitration)
Sometimes, the Syariah Court may appoint an arbitrator, or Hakam, to oversee the Divorce. This method, known as Tahkim, is applicable when the husband does not consent, there is no breach of Taklik, and grounds for Fasakh cannot be proven. The Hakams will assess the circumstances, and if they deem Divorce the best outcome, they can grant it through the pronouncement of Talak.
Conclusion On Options To Take When One Spouse Doesn’t Want A Divorce
When one spouse resists Divorce, navigating the legal landscape alone can feel overwhelming. Understanding your options is essential when facing questions like, “What if your spouse doesn’t want a Divorce?” Fortunately, Singapore’s legal system provides various paths to move forward, whether through civil or Syariah law, allowing you to achieve a resolution that best suits your situation.
Tembusu Law’s Divorce lawyers in Singapore have the knowledge and experience to help you address every step of the process, even when facing opposition. Tembusu’s skilled criminal lawyers in Singapore are also available to support your rights and interests for more complex situations requiring a criminal defence.
If you’re ready to take that first step or need expert advice, contact Tembusu Law’s experienced team today to gain clarity on the path forward.
Frequently Asked Questions About Options To Take When One Spouse Doesn’t Want A Divorce
Can I Still Get A Divorce If My Spouse Is Uncooperative?
Yes, you can still obtain a Divorce even if your spouse is uncooperative. In cases where they contest or delay proceedings, Singapore’s legal framework allows you to proceed with a contested Divorce, where the Court intervenes to resolve disputes on key issues like custody, finances, or property division.
What If My Spouse Disappears And Cannot Be Found?
If your spouse is uncontactable or missing, you can apply for substituted service, allowing you to serve Divorce papers via alternative methods such as email or newspaper notices. In some cases, you may also request dispensation of service, where the Court waives the requirement to serve papers due to the circumstances.
What Steps Should I Take If My Spouse Threatens To Delay The Divorce Process?
If your spouse uses delay tactics, such as missing hearings or refusing to respond, the Court can still proceed with the case. Legal representation can ensure your rights are protected, and Tembusu Law’s Divorce lawyers in Singapore can help address delay tactics while working to keep the process on track.
Can I Get A Divorce Under Syariah Law If My Spouse Doesn’t Agree?
Yes, under Syariah law in Singapore, there are several options for pursuing Divorce, even if your spouse disagrees. These include Fasakh (judicial separation), Khuluk (Divorce by redemption), and Cerai Taklik (based on breach of marriage conditions). The Syariah Court will guide the process based on the grounds and evidence presented.
