Online Divorce In Singapore: How It Works?

by 21 October 2024Knowledge & Insights

The trend of online divorce services in Singapore is on the rise. These services offer a convenient and efficient way to handle divorce proceedings. By managing divorce processes online, individuals can save time and streamline their cases from the comfort of their homes.

This article aims to guide you through the Singapore divorce online process, highlighting key aspects, available options, and important considerations.

Whether you’re seeking a simplified approach or need assistance with complex issues, understanding these services can help you make informed decisions about your divorce.

What Is Online Divorce In Singapore?

Online divorce in Singapore is a streamlined process that allows couples to manage their divorce proceedings through digital platforms, reducing the need for physical Court appearances.

These online divorce services are designed to generate the necessary divorce documents and help commence the divorce process without the need for traditional, time-consuming, and costly Court visits.

Typically, the process begins with completing a short online form to determine your eligibility for getting a divorce online. This form ensures that you meet the legal requirements for divorce in Singapore and specific criteria for online divorce services, such as the divorce being uncontested.

This means that both parties consent to the divorce, and there is full agreement on key issues like child custody, property division, and spousal maintenance.

If you satisfy these eligibility requirements, you will then be directed to an online form that requires details about you, your spouse, and your marriage. This includes personal particulars, such as identification details, and specifics about your marriage, like the marriage certificate number and date of solemnisation.

The information provided in these forms is then used to generate the necessary divorce documents. Depending on the online divorce service, these documents may be prepared by a divorce lawyer and sent to you, or they may be automatically generated and immediately accessible online.

These essential documents include:

  • Writ for Divorce: This is the formal document you file with the Family Justice Courts to initiate divorce proceedings against your spouse. It marks the official start of the divorce process.
  • Statement of Claim: This document outlines the reason for seeking the divorce, such as unreasonable behaviour or if your spouse has committed adultery.
  • Statement of Particulars: This provides further details about the grounds for divorce mentioned in your Statement of Claim, such as specific incidents of unreasonable behaviour or adultery.

Once these divorce papers are obtained, they must be filed with the Family Justice Courts to finalise the divorce proceedings. Some online divorce services may require you to handle this filing yourself, while others may offer to file the documents on your behalf, further simplifying the process.

 

Comparison Between Traditional And Online Divorce Processes

Traditional divorce in Singapore involves more direct interaction with the Court system, requiring both parties to attend multiple Court hearings, which can be both time-consuming and emotionally taxing.

A divorce lawyer is typically hired to handle the legal complexities, file documents, and represent the parties in Court. This process often involves multiple in-person meetings, Court appearances, and the physical handling of numerous legal documents.

In contrast, online divorce services offer a simplified divorce process that minimises physical Court involvement. By allowing couples to complete and submit documents online, these services make the process more convenient and accessible.

The need for in-person meetings is greatly reduced, and many steps that traditionally required a visit to the Court can now be completed digitally.

This is particularly beneficial for uncontested divorces, where both parties have reached a full agreement on all ancillary matters, such as child custody and the division of assets.

Another key difference is the cost. Traditional divorces can be expensive due to the involvement of divorce lawyers and Court fees.

Online divorce services, on the other hand, offer a more affordable alternative, especially for straightforward cases where there is no dispute over the terms of the divorce. However, if the divorce is contested or if there are complex issues to resolve, the traditional route may still be necessary.

 

Key Features Of Online Divorce Services

The primary feature of online divorce services in Singapore is the ability to handle most, if not all, aspects of divorce proceedings through a digital platform. This includes:

  • Virtual Court Hearings: For certain aspects of the divorce process, especially in uncontested cases, virtual hearings may be conducted. These hearings allow the parties to appear before the Court remotely, thereby saving time and reducing the need for travel.
  • Digital Documentation: All necessary divorce papers, including the Writ for Divorce, Statement of Claim, and Statement of Particulars, are generated online and can be accessed, edited, and submitted digitally. This eliminates the need for physical paperwork and in-person submissions.
  • Automated Document Generation: Once you’ve completed the online forms with your details and those of your spouse, the online divorce service can automatically generate the required legal documents.
    This process is quick and efficient, ensuring that all necessary paperwork is completed accurately.
  • Online Filing: Some online divorce platforms also offer the service of filing the divorce application and associated documents with the Family Justice Courts on your behalf, further streamlining the process and reducing the need for personal involvement in legal procedures.

 

Requirements For Getting An Online Divorce Services

To utilise online divorce services in Singapore, you must meet specific legal requirements similar to those required for traditional divorce proceedings. These requirements ensure that the process is valid and legally binding, even when conducted online.

#1. Domicile Or Residency

The first requirement for getting a divorce online in Singapore is related to your domicile or residency status. Either you or your spouse must be domiciled in Singapore, meaning you live in Singapore and intend to reside there indefinitely.

Alternatively, you or your spouse must have been habitually resident in Singapore for at least three years before starting the online divorce proceedings. This residency requirement ensures that the Singapore Courts have jurisdiction over your divorce.

#2. Marriage Duration

To file for an online divorce in Singapore, you must have been married for at least three years. This rule ensures that the marriage has had sufficient time to develop before being dissolved.

However, there is an exception to this requirement: if the party filing for divorce has suffered exceptional hardship or exceptionally unreasonable and cruel behaviour from their spouse, they may be allowed to file for divorce before the three-year period.

#3. Grounds For Divorce

To successfully file for an online divorce in Singapore, you must prove that the marriage has irretrievably broken down. This is a crucial legal requirement and can be demonstrated through one or more of the following reasons under Section 95(3) of the Women’s Charter:

  • Adultery: You must prove that your spouse has committed adultery, and as a result, you find it intolerable to continue living with them.
  • Unreasonable Behaviour: You must demonstrate that your spouse has behaved so that you cannot reasonably be expected to live with them.
  • Desertion: Your spouse must have deserted you for at least two years.
  • Separation: If your spouse agrees to the divorce, you must have been separated for at least three years. If your spouse does not agree, you must have been separated for at least four years.

Additionally, starting in 2023, a new ground for divorce, known as “divorce by mutual agreement,” allows spouses to mutually agree and explain to the Court that their marriage has irretrievably broken down without needing to prove fault or blame.

#4. Restrictions For Muslim Marriages

It’s important to note that if you were married under Muslim law, the above requirements might not apply. The process and requirements for a divorce under Muslim law differ significantly from those under the Women’s Charter, and you may not be eligible for an online divorce in such cases.

Instead, you should refer to specific guidelines and articles on the requirements for a Muslim divorce in Singapore.

 

Things To Consider Before Filing For An Online Divorce

Filing for an online divorce in Singapore can be a convenient and cost-effective option, but several factors should be considered before proceeding. These considerations will help you determine if an online divorce suits your situation and ensure the process goes smoothly.

Contested And Uncontested Divorce

One of the primary considerations is whether your divorce is contested or uncontested. An uncontested divorce is when both parties agree on all the terms of the divorce, including matters like child custody, division of assets, and spousal maintenance.

This mutual agreement simplifies the divorce proceedings, making it ideal for an online divorce.

With an uncontested divorce, you can complete the necessary forms, have the divorce documents prepared and sent to you, and finalise the proceedings without the need for lengthy Court hearings or additional legal intervention. This process is straightforward and helps save both time and costs.

A contested divorce, on the other hand, occurs when you and your spouse cannot agree on one or more issues. These issues might include the division of the matrimonial home, child custody, or financial support.

In such cases, the divorce proceedings can become complex, requiring Court hearings where both parties must present evidence to support their claims. Contested divorces are generally not suitable for online filing because they involve intricate legal processes that cannot be handled through online forms alone.

If your divorce is contested, it’s advisable to engage your own divorce lawyer to represent your interests and ensure that the matters are resolved fairly.

If your situation leans towards a contested divorce, online services might not be sufficient, and you should consider traditional legal avenues to protect your rights and those of your children.

Cost Of Online Divorce

Another significant factor to consider is the cost associated with an online divorce. While online divorces can be more affordable than traditional divorces, several costs must still be considered.

  • Platform Fees: The basic cost for an online divorce in Singapore is around S$599. This fee covers the use of the online platform and the preparation of the necessary divorce documents. However, this fee is just the starting point.
  • Court Fees: In addition to the platform fee, there are Court filing, processing, and transmission fees that you’ll need to pay.
    These fees are necessary for the submission and processing of your divorce documents by the Family Justice Courts. The Court fees can range between S$400 to S$500, bringing the total cost of an online divorce to approximately S$1,000.
  • Additional Legal Costs: While online divorces are designed to be cost-effective, you may still incur extra costs if you require additional legal advice or services.
    For example, if your case involves more complicated matters, such as the division of significant assets or the custody of children, you might need to consult a divorce lawyer for guidance.
    This can add to the overall cost of your divorce, making it comparable to a traditional uncontested divorce, which typically costs between S$1,500 and S$2,000.

Child Custody And Division Of Matrimonial Assets

When filing for a divorce in Singapore, two of the most important aspects to consider are child custody and the division of matrimonial assets. These issues can significantly impact the lives of all parties involved, especially the children, and need to be carefully addressed, even when opting for an online divorce.

Child custody is one of the most sensitive and crucial issues in any divorce. In Singapore, the Court’s primary concern is the welfare and best interests of the children.

When you file for a divorce online, the process still requires that child custody arrangements be carefully considered and agreed upon by both parties.

  • Types of Custody: Child custody in Singapore can be divided into three main types: sole custody, joint custody, and split custody.
    Sole custody grants one parent full responsibility for making major decisions regarding the children, while joint custody allows both parents to share these responsibilities.
    Split custody occurs when custody of multiple children is divided between the parents. When filing for a divorce online, it’s essential that both parties reach a consensus on the type of custody arrangement that best suits the needs of the children.
  • Access and Care Arrangements: Alongside custody, access and care arrangements must be made. This includes determining the children’s living arrangements, visitation schedules, and how day-to-day decisions will be managed.
    For an online divorce, it’s important that these arrangements are agreed upon in advance to ensure a smooth and uncontested process. If disputes arise, they may need to be resolved through mediation or by consulting a family lawyer, which could complicate the online process.

The division of matrimonial assets is another critical consideration during a divorce. Matrimonial assets typically include the family home, savings, investments, and any other property acquired during the marriage.

In Singapore, the Court aims for a fair and equitable division of these assets, considering various factors such as the length of the marriage, contributions made by each party, and the needs of the children.

  • Identifying Matrimonial Assets: Before any division can take place, it’s essential to identify all matrimonial assets. This includes both tangible and intangible assets such as properties, bank accounts, shares, and even CPF savings.
    During an online divorce, both parties must disclose their assets fully to ensure a fair division. Any undisclosed assets could lead to complications later on.
  • Division Process: The division of matrimonial assets is not always a straightforward 50/50 split. The Court considers the direct financial contributions of each party, as well as non-financial contributions such as child-rearing and homemaking.
    In an online divorce, both parties should ideally agree on the division of these assets beforehand. If there is a disagreement, it might be necessary to attend mediation sessions or seek legal advice to reach a fair settlement.
  • Impact on the Children: The division of assets can also impact the children, especially if it involves the family home. The Court generally prioritises the children’s welfare, ensuring that their living arrangements are stable.
    During the online divorce process, it’s crucial to consider how the division of assets will affect the children’s well-being and make decisions that protect their best interests.

 

3 Options For Getting A Divorce Online In Singapore

If you’re considering a divorce in Singapore, several online platforms can assist in simplifying the process. These services are designed to help you manage the necessary paperwork and guide you through the legal requirements without the need for frequent Court visits.

Among the most popular options are Divorce Bureau, Law.com.sg, and Divorce eService.

#1. Divorce Bureau

Divorce Bureau is one of the leading online platforms in Singapore for filing for divorce without the hassle of traditional Court proceedings.
It offers a streamlined process that’s particularly suitable for uncontested divorces, where both parties have already agreed on the terms of the separation.

Key Features and Services

Divorce Bureau stands out for its user-friendly approach to handling divorce online. The platform is designed to cater to couples who want a straightforward and cost-effective way to end their marriage. Here are some of the key features:

  • Affordable Pricing: The service costs S$599 nett, which covers the preparation of all necessary divorce documents. This price is quite competitive compared to traditional legal services.
  • PLUS Service: For an additional S$380, Divorce Bureau offers a “PLUS” service that includes filing the divorce papers with the Family Justice Courts on your behalf. This can save you the time and effort of handling Court submissions personally.
  • Legal Advice: If you need legal guidance, the platform also offers consultations with a senior lawyer at S$150 nett per session. This service can be invaluable if you have specific legal concerns or need help navigating more complex aspects of your divorce.

Step-by-Step Guide To Using Divorce Bureau

Here’s how you can use Divorce Bureau to file for your divorce online:

  1. Determine Eligibility: Before starting the process, you’ll need to ensure that you meet the legal requirements for an online divorce in Singapore. This includes confirming that your marriage has irretrievably broken down and that you and your spouse agree on the divorce terms.
  2. Complete the Online Information Form: Once you’ve established eligibility, you can proceed to fill out an online form on the Divorce Bureau platform. This form will ask for your personal details, marriage particulars, and any relevant information regarding your separation.
  3. Generate and Review Divorce Documents: After submitting the form, the Divorce Bureau will generate the necessary divorce documents for you. You’ll be able to review these documents online to ensure that all details are correct.
  4. File the Documents: If you choose the standard service, you’ll need to file the documents yourself with the Family Justice Courts. Alternatively, you can opt for the PLUS service, and Divorce Bureau will handle the filing on your behalf.

#2. Law.com.sg

Law.com.sg is another prominent platform that provides services for those seeking an online divorce in Singapore. The website focuses on delivering a more personalised approach, where a divorce lawyer is directly involved in guiding you through the entire process.

Law.com.sg offers services tailored to different needs, ensuring that straightforward and more complex divorce cases can be managed effectively.

  1. The process begins with an online form that you complete and submit. This form gathers essential details about your marriage, your situation, and your preferences regarding the divorce.
  2. After submitting the form, a divorce lawyer from Law.com.sg will contact you to discuss your case in detail. This initial consultation helps the lawyer assess your situation and determine the best course of action for your online divorce.
  3. Once the lawyer understands your case, they will begin drafting the necessary divorce papers. This is a crucial step, as these documents must accurately reflect the terms of your divorce and comply with legal standards.
    Law.com.sg ensures that the papers are tailored to your specific circumstances, whether it’s an uncontested or contested divorce.
  4. Unlike some online platforms that primarily assist with document preparation, Law.com.sg goes a step further by offering legal representation. Your assigned divorce lawyer will represent you in the Family Justice Courts, handling all aspects of the legal proceedings on your behalf.
    This service is particularly beneficial if your divorce involves more complex issues or if you prefer having a legal expert manage the Court interactions.
  5. Law.com.sg provides an online quote form, allowing you to receive an estimated cost for your divorce proceedings.
    This feature is designed to give you a clear idea of the financial commitment involved before you proceed. The quote considers various factors, including the complexity of your case and the specific services you require.

#3. Divorce eService

The Divorce eService is an online platform designed to streamline the divorce process in Singapore. This service allows individuals to apply for a divorce on the simplified track or generate the necessary documents to file a divorce, which can then be discussed with a lawyer or spouse.

Divorce eService offers several key features to assist individuals in managing their divorce online:

  • Simplified Divorce Applications: The eService is particularly useful for those seeking a simplified divorce. It allows you to apply for a divorce on this track by generating the required documents, which can be used to finalise the divorce proceedings.
    The simplified track is typically suitable for uncontested divorces where both parties agree on all key issues, such as child custody and the division of matrimonial assets.
  • Document Generation: The platform generates essential divorce documents that you can review and discuss with your lawyer.
    If you prefer to handle some aspects independently, the eService provides a document that you can share directly with your spouse, facilitating discussions about the divorce terms. This feature is particularly useful for those who wish to keep the process amicable and straightforward.
  • Integration with MyInfo: To make the process more efficient, the eService allows you to auto-populate certain fields in the application forms using MyInfo, a government service linked to your Singpass account.
    This integration ensures that your personal details are accurately reflected in the documents, reducing the risk of errors.
  • No Mandatory Lawyer Involvement: One of the significant advantages of the Divorce eService is that you do not need a lawyer to use the platform.
    While legal representation is not required, it is strongly advised to consult a lawyer if you are uncertain about your rights or obligations during the divorce process. The platform supports both independent and lawyer-assisted divorces, giving you flexibility based on your comfort level.
  • Cost Efficiency: The Divorce eService is free to use, making it an attractive option for those looking to reduce the costs associated with divorce.
    However, it is important to note that Court filing fees still apply when you file your divorce papers, regardless of whether you use the eService or go through a lawyer.

Online Application Process

The online application process for Divorce eService is designed to be user-friendly and straightforward:

  1. Eligibility Check: Before using the service, you must ensure that you meet the eligibility criteria. These include being married for at least three years, having a civil marriage (not under Syariah law), and possessing a Singpass account.
  2. Document Preparation: You will need to gather several documents before starting the application. These include your marriage certificate, a Deed Poll (if your name has changed since your marriage), a CPF Public Housing Withdrawal Statement (if there’s no agreement on the division of an HDB flat), and bankruptcy search results for both you and your spouse.
  3. Form Completion: Using the eService, you will fill out an online form where you can auto-populate certain fields with MyInfo. This step requires you to provide detailed information about your marriage and the terms of the divorce.
  4. Document Generation: Once the form is completed, the platform generates the necessary divorce documents. You can then review these documents, share them with your lawyer, or directly discuss them with your spouse.
  5. Filing the Divorce: After reviewing the documents, you will need to file them with the Family Justice Courts. This step includes paying the relevant Court filing fees, which are mandatory regardless of the filing method.
  6. Finalising the Divorce: If all requirements are met and the documents are in order, the divorce can proceed on the simplified track, typically without the need for lengthy Court proceedings.

 

Conclusion About Singapore Online Divorce

Navigating a divorce online in Singapore involves several key considerations, from choosing the right platform to understanding the legal implications of your decisions. Each online service offers unique features that cater to different needs and circumstances.

When choosing an online divorce, it’s crucial to consider factors such as the complexity of your case, the need for legal representation, and the specific services each platform provides.

Before making a decision, consider seeking professional legal advice to ensure that your rights are protected throughout the process.

While online divorce services can offer convenience and cost savings, they may not be suitable for every situation, particularly in cases involving child custody disputes or the division of matrimonial assets.

If you require expert guidance, consider Tembusu Law. As a team of dedicated family and divorce lawyers in Singapore, we provide legal advice and representation at all stages of the divorce process within the family justice system.

Divorce in Singapore can be complex, especially when disagreements arise over matters like child custody and the division of matrimonial assets.

At Tembusu Law, we help clients fight for their fair share in matrimonial assets and navigate Family Justice Court proceedings. We handle various family law matters, including contested and uncontested divorces, child custody applications, Personal Protection Orders, and more.

Get in touch with our team of Singapore Divorce Lawyers for a free consultation on your case today. If you want peace of mind knowing that your legal matters are in the good hands of one of the leading law firms in Singapore, contact us now!

 

Frequently Asked Questions About Singapore Online Divorce

Does Filing For An Online Divorce In Singapore Affect My Eligibility For Alimony?

Filing for an online divorce in Singapore does not directly affect your eligibility for alimony. Alimony decisions are made based on the financial needs of the parties and their contributions to the marriage, not on the method of divorce.

However, it’s essential to ensure that all relevant financial information and claims are accurately presented during the divorce process to ensure fair consideration for alimony.

Are There Any Restrictions On The Type Of Divorce Cases That Can Be Handled Online In Singapore?

Yes, online divorce services in Singapore are generally suited for uncontested divorces where both parties agree on the terms. Contested cases involving disputes over issues such as child custody or division of matrimonial assets may not be appropriate for online filing and often require traditional Court proceedings.

If disputes arise, you may need to seek legal representation and possibly attend Court hearings to resolve these issues.

When Should I Consider Consulting A Lawyer During The Online Divorce Process In Singapore?

You should consider consulting a lawyer if your divorce involves complex issues such as contested child custody or significant asset division. A lawyer can provide guidance on legal rights, help draft necessary documents, and represent you in Court if disputes cannot be resolved online.

Consulting a lawyer can also be beneficial if you have concerns about the legal implications of your divorce or if you are unsure about the online divorce process.

Can I Appeal A Decision Made During An Online Divorce In Singapore?

Yes, you can appeal a decision made during an online divorce if you believe it is unjust or incorrect. The appeal process typically involves filing a formal appeal with the Family Justice Courts, where you will need to present your case for reconsideration.

Keep in mind that the appeal process may require traditional Court proceedings and legal representation to address the issues effectively.

About the author

About the author

Tembusu Law

LET'S TALK

We'll always make time for you. Tell us what's on your mind and we'll find a way to help.