Divorce Lawyers

Am I eligible to seek a divorce?

In order to commence civil proceedings for divorce in Singapore, one of the parties filing for divorce is required to fulfil the requirements as follows (sections 93 and 94 of the Women’s Charter):

1. Be domiciled in Singapore during the commencement of divorce proceedings (‘domicile’ means to treat Singapore as a permanent home) ;
2. Residing in Singapore for a minimum of 3 years, before divorce proceedings is commenced; and
3. Have been married for a minimum of 3 years, except where the party filing for divorce has suffered unbearable hardship or exceptionally cruel behaviour.

If you are at all unsure of your eligibility please get in touch for a free, no obligation discussion.

What is the process for filing a divorce?

In Singapore, divorce through civil proceedings involves 2 steps:

Step 1: Dissolution of Marriage

Step 2: Ancillary Matters (matters regarding custody of child, division of matrimonial properties and spousal maintenance)

At the end of the Step 1, if the court decides that the divorce is successful, the court will grant an Interim Judgment, which is an order to dissolve the marriage. The Interim Judgment is a temporary judgment and it is not a final judgment. After the court has granted an interim judgment, the court will proceed to Step 2, which is to settle the ancillary matters. Parties are required to wait for 3 months (from the date of Interim Judgment is granted) in order to apply for converting the Interim Judgment to become the Final Judgment.

Can foreigners divorce in Singapore?

The short answer is yes, in certain circumstances it is possible for foreigners to divorce in Singapore, but there is some caveats to consider. The Singapore courts will only grant a divorce where at least one party in the marriage has a strong connection to Singapore.

There is typically 2 methods of showing this connection:

1. At least one of the parties is domiciled in Singapore.
2. At least one of the parties has been habitually resident in Singapore for at least 3 years immediately before applying to the court for divorce.

There is some underlying detail behind each of these items, and its advisable to discuss with a legal professional to ascertain your legitimacy to apply for divorce in Singapore. Please get in touch for a free initial consultation and we can advise you on your situation.

What are the costs/fees of divorce in Singapore?

If your divorce is likely to be uncontested, i.e., both parties have come to an agreement on any contentious issues the fees will be as follows:

• No children, no house S$2,000 nett
• With children and house [email protected],500 nett

If your divorce is contested, i.e., both parties are in disagreement on a number of critical areas then its possible that more significant legal effort is required. In our experience, a contested divorce will cost upwards of S$5,000, but due to the level of variables it is difficult to say. We recommend getting in contact for an initial free consultation to discuss your situation. From this discussion we will be able to provide you with a clear route forward and final price for our services. You can then make an informed decision on whether you wish to proceed with IRB or not.

What are the legal grounds for divorce?

It is compulsory for the party filing for divorce to prove that the marriage has irretrievably broken down due to one or more of the reasons. These are:

Adultery: The plaintiff (which is the applicant for the divorce) finds it intolerable to live with the defendant (the other party) due to them having committed adultery. Adequate evidence is required to prove the defendant’s act of adultery. The plaintiff may hire a private investigator to gather evidence. If the plaintiff could not provide adequate evidence, it is advisable for them to opt for another grounds for the divorce, unless the defendant is willing to confirm that they have committed adultery.

Unreasonable behaviour: The defendant has behaved in an unreasonable manner that the plaintiff finds it impossible to continue living with the defendant.

Desertion: The defendant deserted the plaintiff for a minimum of 2 years where the defendant shows no intention or sign of returning.

Separation: The parties have lived apart for at least 3 to 4 years and both parties have agreed to divorce.

How long does the divorce process typically take?

If the divorce is uncontested, an interim judgment can be made in around 1 month. After this point there is a mandatory 3 month period before the judgment becomes final. If your divorce is contested, it may take 12 months or more depending on the nature of the dispute.