Singapore Divorce Process Explained by Lawyers

When someone contemplates or is involved in divorce proceedings in Singapore, they may face many challenges. While it is always best to have a lawyer advice first, knowing what to expect can help navigate the family law system and understand the main steps.

Below we explore the related laws and grounds for divorce in Singapore, review the procedure for contested and uncontested divorces and explore the court’s approaches to settling ancillary matters related to property, maintenance and child custody.

Key Takeaways

• The only ground for divorce in Singapore is the irretrievable breakdown of the marriage.
• The amendment to Singapore family law allows spouses to file for divorce by mutual agreement without blaming the other spouse for a specific reason, such as adultery or desertion.
• The family courts discourage contested divorces and encourage spouses to resolve disputes through mediation and counselling.
• The divorce procedures in Singapore follow several main stages, including dissolution of marriage and a hearing on ancillary matters.
• Engaging an experienced divorce lawyer can help expedite the process and obtain the most favourable possible outcome in divorce proceedings.

Overview of Divorce Laws in Singapore

The Singapore divorce process is defined in the Women’s Charter and the Family Justice Courts practice. The family law provides clear guidance on divorce procedures in Singapore, including the legal grounds, requirements and restrictions for filing for the divorce, as well as child and spouse maintenance, division of property and other ancillary matters.

That said, Singaporean law provides the judges with wide discretion in deciding upon ancillary matters and other divorce claims. It’s always recommended to consult an experienced divorce lawyer in Singapore who will guide you through the divorce process and help you make informed decisions based on the nuances of your case.

Grounds for Divorce in Singapore

According to the Women’s Charter, the only legal ground for divorce is the irretrievable breakdown of the marriage, which includes:

• Adultery,
• Unreasonable behaviour, which makes it intolerable for another spouse to stay in the marriage,
• Desertion for a minimum of two years,
• Separation for at least three years with the other spouse’s consent,
• Separation for at least four years without consent,
• Mutual agreement by both spouses who consider that their marriage is irretrievably broken beyond reconciliation.

According to the latest amendments to Singapore family law, both spouses can file for divorce by mutual agreement if they agree that their marriage is irretrievably broken and attempts at reconciliation have failed. This new provision helps avoid blaming and bitterness during divorce proceedings and aims to expedite an amicable divorce resolution.

Contested vs. Uncontested Divorce

In Singapore, either of the spouses may contest the divorce proceedings if they don’t agree with the grounds of divorce cited by the other spouse. In these cases, the court settles the dispute during the trial based on the facts in the case and provisions of family law. Needless to say, contested divorces take longer and involve much more effort and legal costs.

In practice, the Singapore courts discourage divorce litigation, directing spouses to attend mediation to settle their disputes. Importantly, the actual reasons for the marriage breakdown, for example, adultery, provide little or no advantage in the Singapore divorce process. On the other hand, an uncontested divorce provides a much simpler way to dissolve a marriage and resolve ancillary matters.

Step-by-Step Divorce Process

Any divorce procedure in Singapore goes through two main stages, which are the dissolution of marriage and a hearing on ancillary matters.

Stage I: Dissolution of Marriage

The process starts when one of the spouses initiating the divorce, known as the plaintiff, files a Writ of Divorce together with accompanying divorce documents required in Singapore with the court. After filing with the court, the plaintiff also needs to send the same package to the other spouse.

For Contested Divorces
For contested divorces, the court will appoint a pre-trial conference, which aims to achieve an amicable resolution of a dispute and may also direct the spouses to attend mediation. In many cases, these conferences result in an uncontested divorce, while unresolved disputes go to trial.

For Uncontested Divorces
In the case of an uncontested divorce, the Court will appoint the date for the hearing, resulting in the Interim Judgment of divorce. After settling ancillary matters at the next stage, the spouses can apply to convert the Interim Judgment into the Final Judgment.

Stage II: Hearing on Ancillary Matters

At this stage of the Singapore divorce process, the court decides on ancillary matters, which include child custody, spousal and child maintenance, and division of matrimonial property.
Discovery Stage

Before the court proceeds with ancillary matters, both spouses disclose their income, assets, and liabilities in Affidavits of Assets and Means. This stage can also include court sessions known as discoveries, which involve collecting various forms of evidence.
Hearing on Ancillary Matters, Obtaining Final Judgment

After gathering all necessary information from the spouses on their assets, the court will set a date for the hearing on the ancillary matters. During this hearing, the court will issue an ancillary matter order. Once the court has issued the order and at least three months have passed since the date of the Interim Judgment, the spouses can apply for the Final Judgment, which finalises the divorce.

Legal Requirements for Divorce in Singapore

When someone files for divorce on the grounds that their marriage is irretrievably broken, they must also meet the following legal requirements:

• At least one of the spouses must be a permanent Singapore resident or have actually lived in Singapore for at least three years before filing.
• At least three years have elapsed from the date of marriage unless exceptions (e.g. exceptional hardships or depravity) apply.

Cost of Divorce in Singapore

The costs of getting a divorce in Singapore include court fees, lawyer’s fees, and other expenses to cover the costs of the procedure. Meanwhile, the costs can easily snowball in case of contested divorce, where the spouses attend counselling or mediation sessions or have their divorce settled in a trial.

In case of an uncontested divorce, the main costs include:

• Lawyer’s fees, which can be fixed or hourly and depend on the law firm and complexity of the case,
• Court filing fees, which depend on the paperwork involved and the complexity of the case,
• Other miscellaneous fees, for example, as HDB flat valuation fee.

Child Custody and Care Arrangements

When the divorcing spouses have children, they will need to agree between themselves or have the court decide on:

• Child custody, which means the right to make major decisions about the child’s education, religion, medical treatment, or travel.
• Which of the parents will live with the child and provide care and control.
• Access or visitation rights for the non-custodial parent.

In most cases, the courts award both parents joint custody of their children, while care and control and access rights are granted based on the child’s best interests and specific circumstances of each case.

Division of Assets in Divorce

In the best-case scenario, the spouses agree upon how to split their matrimonial property between themselves. Generally, matrimonial property includes any property and cash acquired during marriage, except by inheritance.

On the other hand, if the spouses cannot agree on the division of assets in divorce, the court will decide the matter during the court hearing. While making this decision, the judge will consider individual contributions of each of the spouses in their marriage, including housekeeping and taking care of other family members or dependents, contributions towards acquiring or improving the property, the needs of the children, and other factors.

Spousal and Child Maintenance

In Singapore, a husband has an obligation to maintain his wife and children (until they reach the age of 21) during the marriage as well as after divorce. The spouses can agree upon the amount of maintenance or have the court make the decision based on the standards of living enjoyed by the family before divorce, spouses’ income, expenses and other factors.

The circumstances, which may not require maintenance for the wife, may include short marriages or where the wife has sufficient personal income. On the other hand, a divorced husband is not entitled to maintenance in Singapore unless he is ill or disabled.

How to Choose the Right Divorce Lawyer

Having an experienced divorce lawyer by your side during divorce proceedings can save considerable time and costs by avoiding mistakes in filings or paying extra charges. However, in some cases, spouses are hesitant to hire a lawyer and are not sure how to find the right one.

In most cases, searching for a divorce lawyer begins online by checking law firms’ websites, exploring their experience and practice areas, and reading reviews. However, the best way to find out more about the divorce lawyer is to reach out by calling their office or contacting them through their website for a free initial consultation, if offered.

Final Thoughts

The divorce process takes time and effort, and follows several separate steps as defined in the Women’s Charter. While contested divorces can end in trial and take considerable time, the Singapore family courts encourage uncontested divorces when both spouses agree on the grounds and conditions of ending their marriage.

While the grounds for divorce in Singapore have little or no impact on the court decision over ancillary matters, the assistance of an experienced divorce lawyer can make a significant difference in the divorce outcome. If you intend to file for divorce or face a divorce initiated by your spouse, please don’t hesitate to contact IRB Law divorce lawyers in Singapore for a free initial consultation on how we can help in your case.