Trusted Divorce Law Firm in Singapore: Providing Guidance During Difficult Times
Divorce is a challenging and emotionally taxing process that many couples in Singapore find themselves facing. Understanding the divorce procedure in Singapore, the grounds for divorce, and the differences between contested and uncontested divorce can help individuals make informed decisions when navigating this complex terrain.
Gain valuable insights into the Singapore divorce process, designed to help you make informed decisions for your family’s future. The divorce process in Singapore differs between civil and Muslim divorces. This service focuses on civil (non-Muslim) divorces, offering clarity and support every step of the way. Learn more about Muslim divorce on our dedicated sites: Muslim Lawyer Singapore and Syariah Lawyer Singapore.
Grounds for Divorce in Singapore
The divorce law in Singapore is governed primarily by the Women’s Charter, which outlines various grounds upon which a marriage can be dissolved. Under sections 93 and 94, for a divorce to be valid, either spouse must have:
- Established domicile in Singapore or maintained habitual residence in the country for a continuous period of at least three years immediately preceding the filing of the Writ for Divorce
- During this time, neither party should have been absent from Singapore for a consecutive 180-day period before initiating divorce proceedings.
- A minimum marriage duration of more than three years is typically required, unless compelling evidence is presented to the court indicating exceptional hardship or deprivation endured prior to the completion of the three-year mark.
To proceed with a divorce under section 95(3) of the Women’s Charter, it is imperative to substantiate one of the six grounds that demonstrate the irrevocable breakdown of the marriage. The six grounds are as follows:
Adultery is a grave breach of trust within a marriage. In Singapore, it is considered one of the grounds for divorce, but it must be proven to the court’s satisfaction. The plaintiff, the spouse filing for divorce, needs to provide compelling evidence that the defendant engaged in extramarital affairs.
This often involves presenting concrete proof usually available through a private investigator’s report or sufficient circumstantial evidence that your spouse has had sexual intercourse with another person of the opposite sex. Such evidence could include text messages, photographs, or eyewitness testimonies, to substantiate the claim of adultery. Adultery is a deeply emotional and legally complex ground for divorce, often requiring a skilled family lawyer to navigate.
Many family lawyers in Singapore would suggest that a client use the grounds of unreasonable behaviour in lieu of adultery, especially if the plaintiff wishes to end the marriage expeditiously and save costs. This is due to the difficult nature of proving that an intimate affair of a spouse with another person of the opposite sex has taken place.
However, it is important to note that adultery cannot be used as the grounds for divorce if you have continued to live with your adulterous spouse for more than 6 months after the extra-marital affair was discovered. Other grounds like unreasonable behaviour can be used as an alternative.
This ground covers a wide range of behaviours that make it unbearable for spouses to continue living together. These behaviours may include but are not limited to physical abuse, verbal abuse, drug addiction, and excessive gambling. The allegations do not have to be harsh, many divorces do not have incidents of violence, drug use or gambling. Any conduct that might significantly compromise the marriage’s well-being, such as differences in opinion, having separate social lives, or placing too much priority on one’s career may suffice. Unreasonable behaviour can be subjective, as it depends on the perception of the aggrieved spouse.
When filing for divorce based on unreasonable behaviour, it’s essential to provide detailed evidence and examples to support the claim. You will be required to list examples of behaviours you think you cannot tolerate.
Reaching agreements during the divorce may be more feasible when milder allegations are used. This approach helps avoid lengthy debates regarding the ‘truth’ behind the divorce, the parties may not agree on why the marriage is ending. Nonetheless, it’s crucial to emphasise that an adequate amount of factual information and a certain level of allegations against the other spouse is needed for the court to grant a divorce. If the party initiating the divorce has minimal or no relevant information to include about the other spouse’s behaviour, it can pose a challenge for the judge in granting the divorce.
Desertion is a ground for divorce in Singapore if one spouse has abandoned the other without consent for at least two continuous years. Desertion refers to a situation where one spouse leaves the matrimonial home with the intent to end the marriage. Proving desertion can be challenging, as it requires demonstrating that the spouse left willingly and without reasonable cause. It is essential for the plaintiff to establish that there was no mutual consent and knowledge for the separation during this period.
Separation is a more amicable ground for divorce, which can be invoked when both parties have been living apart for a continuous period of three years with mutual consent.
Alternatively, if there is no mutual consent, you must have lived apart for at least four years. This ground acknowledges that the marriage has irretrievably broken down due to the extended separation. It is a relatively straightforward ground if both parties agree to the divorce, as it does not require proving fault or misconduct.
With the recent changes in the Women’s Charter, it is possible for couples to mutually agree on a divorce without relying on any specific grounds from 1st July 2024. This is known as the no-fault divorce, where both parties state their mutual decision in writing that the marriage including information such as:
- irretrievably broken down and explain the reasons for their conclusion.
- the couple’s efforts for reconciliation attempts.
- arrangements for child custody and child/spousal maintenance following the divorce.
Nevertheless, the court will reject the agreement if it remains a “reasonable possibility” that the couple may reconcile.
The Divorce Process in Singapore
The divorce procedure in Singapore typically involves several stages, and it is advisable to seek legal counsel to navigate the complexities involved:
- Applicant
The individual initiating the divorce and filing the Originating Application for Divorce. - Respondent
The spouse being served with the divorce papers. If adultery is involved, the third party accused of participating in the act is known as Co-Respondent.
Before filing for divorce, certain formalities are required to be fulfilled.
- Standard Queries
- The Applicant’s solicitors will send queries to authoritative bodies like the HDB and CPF Board. This process ensures that any arrangements regarding Housing Development Board flats comply with their rules.
- This step typically takes one month to complete.
- Co-parenting Programme
- Parents with child(ren) below the age of 21 are required to attend the CPP before commencing divorce.
To officially commence the divorce proceedings, the following essential legal documents must be filed in court by the Plaintiff’s lawyer:
- Originating Application for Divorce
Sets out all the required information for the commencement of divorce including particulars of the parties, facts for divorce and reliefs claimed. - Notice of Proceedings to Respondent
- Personal Service
- After filing the Originating Application for Divorce, it must be served on the Respondent personally if their address is known.
- This step usually takes 2 to 4 weeks to complete.
- Substituted Service
- If theRespondent cannot be located after two attempts, the Applicant may apply for “Substituted Service” through the Family Court. Divorce papers can then be posted to the Respondent’s last known address, published on public notice boards, or sent via registered post.
- This step typically takes about a month.
- Unknown Address
- If the Respondent’s whereabouts are entirely unknown, the Applicant may advertise the divorce notice in a local newspaper or proceed with other court-approved methods.
- Default (No Response)
- If the Respondent does not file the Notice to Contest within 14 days after being served the Originating Application, the Court may grant the divorce due to the Respondent’s default.
- If Contesting (Notice of Contest is filed)
- The Respondent may file the Reply or Cross Application within 28 days after being served with the Originating Application
Proceedings are split into two types based on whether the divorce is contested or uncontested.
Uncontested Divorce
- The applicant files an Originating Application that contains all required information for the commencement of the divorce and serves it on the respondent.
- The respondent then files his Cross-Application and serves it on the applicant. If the parties agree to the divorce based on the Originating Application and the Cross Application, the matter will proceed on an uncontested basis. In an uncontested divorce, the applicant will have requested for a hearing date in the Originating Application.
- The applicant can also proceed with the divorce on an uncontested basis if, after being served with the Originating Application, the respondent does not file a Notice to Contest or a Reply within 14 or 28 days respectively. However, the applicant will have to wait a further 14 days before requesting for a hearing date.
- The court will then schedule an uncontested dissolution hearing where an Interim Judgement will be granted if it is satisfied that the marriage has broken down irretrievably.
- If there was no agreement on the ancillary matters, the court will then schedule a case conference to address the ancillary matters.
Contested Divorce
- The applicant files an Originating Application that contains all required information for the commencement of the divorce and serves it on the respondent.
- Where the respondent wishes to contest any allegation or wishes for the marriage to be dissolved on different facts, he/she must file a Notice to Contest within 14 days of being served with the Originating Application.
- A respondent who wishes to contest any allegation must file and serve a Reply on the applicant within 28 days after being served with the Originating Application.
- A respondent who wishes for the marriage to be dissolved on different facts must file and serve a Cross-Application on the applicant within 28 days after being served with the Originating Application.
- The applicant will then have 28 days to file a reply to the Cross-Application, after which, the applicant will proceed to request for a hearing date.
- The court will then schedule a case conference to prepare both parties for the contested divorce hearing. At the case conference, the judge may direct the parties to attend mediation and counselling, with a view of settling the matter.
- If parties can settle at mediation and counselling, the matter will proceed on an uncontested basis. If settlement still cannot be reached, the parties will be required to file and exchange the Affidavits of Evidence in Chief of all witnesses and the contested divorce hearing will take place.
- Once the court resolves all ancillary matters (e.g., finances, properties, and custody), a Final Judgment is issued.
- The Final Judgment legally ends the marriage.
By thoroughly understanding and following these steps, the divorce process in Singapore can be navigated more efficiently and with less stress.
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How Long Does the Divorce Process Usually Take?
The duration for a divorce to go through in Singapore can vary significantly depending on several factors, including whether it is a contested or uncontested divorce, the complexity of ancillary matters such as child custody and asset division, and the caseload of the Family Court.
In general, an uncontested divorce, where both parties agree on the terms and conditions, tends to be quicker and can typically be completed within about four to six months after filing.
However, for contested divorces, where disputes need to be resolved in court, the process can extend to a year or more, depending on the complexity and the court’s schedule. It’s important to note that Singapore law requires a mandatory waiting period of three months from the date of filing for an Interim Judgement, even in uncontested cases, to allow for reconciliation or reflection. Engaging experienced legal counsel can help streamline the process and ensure a smoother and more efficient resolution.
The Difference between Contested and Uncontested Divorce
In the event that you attribute the breakdown of the marriage to your spouse, you, the Plaintiff, will be the one initiating the divorce proceedings by applying to the courts. Your spouse, named as the Defendant, will have the opportunity to contest the allegations against him or her. In the case where your spouse consents to the allegations, this results in an uncontested divorce.
Financial Responsibility
Contested Divorce
If you disagree with the grounds upon which the divorce is being pursued, you have the option to contest it, enlisting the services of a lawyer at your own cost. They will present a defence and/or counterclaim against your spouse’s reasons and also challenge the terms of the proposed settlement. The Plaintiff will also bear the cost of their own legal fees and associated court costs.
Uncontested Divorce
In uncontested divorces where both parties collaborate on settling the terms mutually, it is customary for them to share the associated costs. However, if your spouse declines to contribute to legal expenses or court fees, or chooses to engage their legal counsel, the party initiating the divorce will bear their own legal fees and cover the associated court costs.
Nevertheless, it is advisable to explore the possibility of reaching a full or partial settlement before deciding to contest the divorce.
To facilitate a settlement, your respective divorce attorneys can engage in negotiations. This may involve considering alternative grounds for divorce or amending the initial allegations to a less severe nature. Typically, this aspect can be resolved through communication between the involved parties and their legal representatives.
Ancillary Matters
Contested Divorce
If you have objections regarding the ancillary matters, you can initiate discussions to propose your settlement terms for your spouse’s consideration. It’s advisable for both parties to approach these negotiations amicably. With the guidance of legal counsel, you may be able to navigate within the legal framework and find compromises on the terms. For example, parents can establish clear parameters for their child support obligations and mutually agree on the maintenance amount.
However, in cases where couples cannot reach an agreement, even with legal assistance, the matter will proceed to the next stage, known as the Ancillary Matters Hearing. At this point, the court will step in to address the unresolved issues and provide a resolution for the ancillary matters.
The issuance of the Final Judgment for Divorce, or Certificate for Divorce, by the Family Justice Courts will only occur after all divorce-related matters, including the ancillary issues, have been fully addressed and resolved.
Uncontested Divorce
In cases where you seek an uncontested divorce but still have some disagreements with your spouse, it is advisable to engage your Family Lawyer at the earliest opportunity for negotiation and settlement discussions. This approach enables the parties to collaboratively work through the terms under the guidance of an experienced Divorce Lawyer, thereby increasing the likelihood of achieving an uncontested divorce. Following the successful negotiation and the mutual satisfaction of both parties with the revised documents, your attorney will proceed to file the divorce in the Family Justice Courts under the Simplified & Uncontested Divorce track.
Presence in Court
Uncontested Divorce
If both parties are in complete agreement regarding the grounds for divorce, its wording, and all ancillary matters, your physical presence in court will not be necessary. Your Family Lawyers will take care of initiating the simplified divorce proceedings on your behalf, and subsequently, you will receive your Interim Judgement and Certificate for Divorce through postal mail and/or email.
What Our Divorce Lawyers Cover in Your Free Consultation
When navigating the complexities of a divorce, having the right guidance can make all the difference. During your free consultation with our experienced matrimonial lawyers, we aim to provide a supportive and clear approach to help you better understand the legal process and your options –
- Assessing Your Eligibility for Divorce
We’ll begin by understanding your situation to assess whether you meet the conditions necessary to file for divorce in Singapore. This step ensures that you’re on the right track from the outset. - Explaining the Divorce Process
We will walk you through the various stages of the divorce process using a tailored approach. No matter how complex your case may seem, we aim to simplify it and give you clarity on what to expect at each stage. - Addressing Key Issues
Whether it’s custody arrangements, child and spousal support, division of assets, or handling shared debts, our lawyers will explain how these matters are typically addressed during a divorce. This is your opportunity to share your concerns so we can guide you effectively. - Clarifying Your Legal Rights and Responsibilities
We’ll ensure you understand your rights and obligations under Singapore law. This includes providing insights into how laws apply to your unique circumstances. - Answering Your Questions
Have concerns or doubts about the process? We encourage you to ask any questions you have. Our goal is to address your uncertainties and provide clear, direct answers. - Exploring Your Options
Divorce isn’t one-size-fits-all. We’ll help you explore the different paths available to you and discuss options that align with your priorities and goals. - Providing Additional Resources
To support your decision-making process, we’ll offer materials, such as literature specific to divorce in Singapore, that you can review at your convenience.
Our priority is to make you feel comfortable and supported throughout the consultation. We want you to leave with the clarity and confidence you need to take the next step. Rest assured, our experienced team is here to listen and help you every step of the way.
Legal Representation in Divorce Proceedings
Engaging a lawyer experienced in family law is highly recommended when navigating divorce proceedings in Singapore. An experienced attorney can provide valuable guidance, negotiate on your behalf, and ensure that your rights and interests are protected throughout the process.
Divorce is a significant life event that carries both emotional and legal implications. Understanding the divorce procedure in Singapore, the grounds for divorce, and the differences between contested and uncontested divorce is essential for anyone going through this challenging experience. Seek professional legal counsel to ensure your interests are represented as you navigate the divorce process, and remember that Singapore’s legal system is designed to prioritise the best interests of all parties involved, especially when children are concerned.
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