Trusted Divorce Lawyers in Singapore – Supporting You Through Every Step
Divorce can be one of life’s most emotionally and financially challenging transitions. At such times, having a trusted divorce lawyer by your side can make a meaningful difference — helping you navigate both the legal complexities and emotional uncertainties with clarity and care.
We believe in offering straightforward legal guidance, and practical support tailored to your unique situation. Whether you’re dealing with child custody, spousal maintenance, or the division of shared assets like HDB property, CPF savings, or investments, our focus is on protecting your rights while reducing unnecessary stress.
At the heart of our approach is a commitment to empowering you with informed choices, so you can move forward with confidence — knowing that every step is backed by thoughtful and experienced divorce lawyers.
Divorce in Singapore
Divorce is a challenging and emotionally taxing process that many couples in Singapore encounter. Understanding the divorce procedure in Singapore, including the grounds for divorce and the differences between contested and uncontested divorces, can help individuals make informed decisions during this complex journey. This guide provides insights into the Singapore divorce process, ensuring that you have the information needed to make the best choices for your family’s future.
In Singapore, the divorce process varies between civil and Muslim divorces. This guide focuses on civil divorces (non-Muslim).
3 Requirements Divorce Lawyers Want You to Know Before Filing
1. Three years must have passed since the date of the marriage.
In Singapore, a spouse cannot make an application for divorce until 3 years have passed since the date of the marriage. The court will only make an exception to this rule for a spouse who has suffered exceptional hardship or when exceptional depravity can be showed on the part of the other spouse.
While there is no definition of exceptional hardship or depravity, these are cases that are out of the ordinary. For example, a court found exceptional depravity on the part of a husband who was involved with 16 different women within 2 years. The husband would have sexual intercourse with different women and even film the acts for future viewing.
2. Domicile and Habitual Residency
Besides the passing of 3 years, an application for divorce can only be made if either of the parties to the marriage is:
- domiciled in Singapore at the time of making the application; or
- habitually resident in Singapore for a period of 3 years immediately before the making of the application.
Generally, a citizen of Singapore is taken to be domiciled in Singapore. A person is habitually resident in Singapore when they voluntarily settle in Singapore and do not leave except for brief holiday or business trips.
3. Irretrievable Breakdown of Marriage.
Even if either of the parties is domiciled or habitually resident in Singapore and 3 years have passed since the date of the marriage, the court will grant a divorce if and only if it is satisfied that the marriage has irretrievably broken down.
Grounds for Divorce Under Singapore Divorce Law
1. Adultery
Adultery refers to consensual sexual intercourse by a spouse with a person other than their lawful spouse. The spouse applying for divorce has to prove that the other spouse committed adultery, making it intolerable to live together with the other spouse.
However, if the couple continue to live together for more than 6 months after an act of adultery becomes known, a spouse cannot rely on that act to prove that the marriage has irretrievably broken down.
Adultery is difficult to prove. Unless the other spouse admits to the act of adultery, evidence is required. If the act of adultery itself cannot be proven, the applicant spouse can also rely on proving the other spouse’s strong inclination to adultery and the opportunity to commit it.
2. Unreasonable Behaviour
3. Desertion
3. Separation
3. Mutual Agreement
The Court’s Discretion
Even if a marriage has irretrievably broken down, the court will only grant a divorce if it is just and reasonable to do so. In deciding whether it is just and reasonable to grant a divorce, the court will look at all relevant circumstances, including the conduct of the spouses and how a divorce would affect the children of the marriage, if any.
What Our Divorce Lawyers Cover in Your Free Consultation
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
Get expert advice tailored to your situation.
Divorce Proceedings in Singapore
Differences between a Simplified Track Divorce and a Normal Track Divorce in Singapore
Parties filing for divorce may either proceed on the Simplified Track or the Normal Track. A divorce will proceed on the Simplified Track if before filing the divorce, the parties are able to agree that the marriage has irretrievably broken down. On the other hand, a divorce will proceed on the Normal Track if at the time of filing the divorce, parties have not agreed on the irretrievable breakdown of marriage.
1. Process - Simplified Track Divorce and Normal Track Divorce
Parties will proceed on the Simplified Track for divorce when they are able to agree on the irretrievable breakdown of marriage, regardless of whether they can agree on the ancillary matters.
Ancillary matters refer to the children’s care arrangement (if applicable), maintenance and the division of matrimonial assets.
The party filing for the divorce is known as the applicant and the other party is known as the respondent.
- The applicant files an Originating Application that contains all required information for the commencement of the divorce.
- In a Simplified Track, the Originating Application will include the respondent’s consent to the application.
- If the parties have agreed on the ancillary matters, the Originating Application must contain the agreed terms.
- If the parties have not agreed on the ancillary matters, the Originating Application must include a claim for ancillary matters.
- If the parties have only agreed on some of the ancillary matters, the Originating Application must include a claim for ancillary matters and the applicant must also file a Draft Ancillary Reliefs Order setting out the agreed ancillary matters.
If the court approves the Originating Application, an uncontested divorce hearing date will be arranged within 4 – 6 weeks. At the hearing, if the court is satisfied that the marriage has broken down irretrievably, it will grant an Interim Judgement. After the Interim Judgement is granted, parties will have to wait at least 3 months before the Final Judgement can be extracted. The parties may have to wait longer if more time is needed to resolve all ancillary matters.
Normal Track Divorce
Parties will proceed on the Normal Track for divorce if at the time of filing, they have not agreed on the irretrievable breakdown of marriage. A divorce on the Normal Track has 2 stages: the divorce; and the ancillary matters.
Where a respondent wishes to contest the divorce itself, the matter will proceed on a contested basis. Where the respondent does not contest the divorce or only contests the ancillary matters, the divorce will proceed on an uncontested basis.
The Normal Track Divorce Process - Contested Basis
- 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.
The Normal Track Divorce Process - Uncontested Basis
- 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.
2. Length and Cost of Divorce Process
A divorce under the Simplified Track may take approximately 4 months to conclude. On the other hand, a divorce under the Normal Track may take approximately 12 to 18 months to conclude.
Given the longer time taken for a divorce under the Normal Track, it is more expensive than a divorce under the Simplified Track. Given that the parties need to be present at the hearing which may be acrimonious, a divorce under the Normal Track comes with a greater emotional cost to all parties involved.
3. Ancillary Matters
Agreement on Ancillary Matters
Under the Simplified Track, parties can endeavour to agree on all the ancillary matters in the Originating Application itself, just like they agree on the irretrievable breakdown of the marriage. If there is an agreement on the ancillary matters, the court will proceed to record the agreement as a Consent Order.
As mentioned above, under the Normal Track, the ancillary matters are dealt with at the second stage. Even if the divorce itself was contested, so long as there is agreement on the ancillary matters, the court will proceed to record the agreement as a Consent Order.
No Agreement on Ancillary Matters
On the other hand, if there is no agreement on ancillary matters, the process is the same under the Simplified Track and the Normal Track. An ancillary matters case conference will be scheduled, where the court may refer the parties to mediation and counselling with a view of reaching a settlement.
Where settlement is not possible, the court will direct parties to exchange ancillary affidavits. If a party requires more documents from their spouse, the court may even order that spouse to disclose further documents. The parties will then be required to sign and file a binding summary, i.e., a summary of the parties’ respective positions on all ancillary matters. An ancillary matters hearing will then be scheduled, and an Order of Court will be made regarding the ancillary matters.
4. Presence in Court
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How Long Does the Divorce Process Usually Take?
The Difference between Contested and Uncontested Divorce
Financial Responsibility
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
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.
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
Why Engaging a Divorce Lawyer in Singapore Is Essential
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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