Being in a relationship is not always filled with happiness. There are instances where fights arise, which may sometimes be healthy, but may also turn nasty and cause relationships to break down. When you enter into a marriage, you strive to give your very best to your partner in the first few years. However, when times get challenging and you find more cracks in your relationship, it gets you down and you find it harder to hold on to your marriage vows.

As much as we hope for a relationship to last through the test of time, circumstances in life may cause us to reevaluate our relationship and to weigh our priorities and decide what is best for us. Divorce is never the best option but for some couples, it could actually do more good than harm for both parties. Before you decide to file for divorce in Singapore, it is good to read and understand more about divorce proceedings. This post will narrate five things you need to know before you file for a divorce.

 

 

What are the grounds for divorce?

In Singapore, there are five grounds for divorce, and these are:

 

1. Adultery

You can only tag adultery if you have proof that your spouse consummated with another person. If the basis is only through physical intimacy without extramarital congress, this claim is void. It could either be through confession or if you have discovered written material as evidence. Also, you can only file for divorce within the span of 6 months when you discovered the illicit affair.

 

2. Violence

Unreasonable behaviour is mentioned as the most common reason for divorce. The violence may not be just limited to physical but may also include emotional or verbal abuse. Also, such violence occurs when narcotics or alcohol are involved. 

 

3. Habitual drunkenness

Habitual drunkenness resulting in unreasonable behavior is also another ground for divorce.

 

4. Desertion of 2 years

Desertion means one has abandoned the other without consent or against the will of the other. The court allows this ground if it has occurred continuously for the past 2 years. If, for example, the spouse came back after a short period and left again, it does not mean that the counting will start from square one. The total period of the desertion must be equivalent to two years. The entire time that the spouse returned should not be more than six months. The grounds for this do not include situations where the spouse must work abroad, and desertion is not intended. It should be the case where the spouse chooses to leave his or her partner and live in a different household.

 

5. Separation for 3 years or more

This means both parties have decided to live apart for a continuous span of at least 3 years. Evidence must be provided that the breakdown is irreparable. A deed of separation may also be used for this. Both parties should be amicable to divorce and agree to it. Just make sure that the decision to live separately was a choice you two have unitedly decided, and that it was necessary and proved to be better for both parties. In the case that both of you have lived independently for four years, consent coming from your spouse for a divorce is no longer needed.

If you are unsure if your situation qualifies, it is best to speak to a lawyer to find out. Remember that you need to have legal grounds to file for a divorce; your case may be void without them.

 

 

When can you file for divorce?

Proposing for divorce in Singapore can be done if you meet any of the following conditions: 

1. You and your spouse have been living individually for at least 4 years.
2. Your spouse has been unfaithful 
3. Your spouse has solitarily deserted you for at least 3 years 
4. You and your spouse have been living independently for at least 2 years, and you both agree to the divorce 
5. Your spouse has physically or mentally abused you 
6. Your spouse has been convicted of a crime and imprisoned for at least 3 years

 

 

What are the factors considered by the courts?

When it comes to divorce in Singapore, the courts take various factors into account. These include the couple’s age, income, assets and liabilities, and the care of any children involved. The courts will also look at how each person behaved during the marriage. If either person is to blame for the breakup of the marriage, a judge may order one spouse to pay the other spouse maintenance or alimony if one of them is found to be at fault. Our lawyers are skilled in handling all types of divorce cases and can help you understand the process and what to expect.

 

 

What are the legal implications of withdrawing a divorce case?

In some cases, one party may opt to withdraw a divorce case. For whatever reason, there are several procedural issues to consider. Withdrawing a case can be done with the consent of the other party, or the court can exercise its jurisdiction. Supposedly the case has already begun by way of a writ of summons; you are not required to obtain permission from the court or the consent of the other parties. You can dig out your case at any time within 14 days of the defendant serving their defence on you. Instead, you can simply withdraw your case from the court system by serving the defendants with a Notice of Discontinuance, which is contained in Form 30.

It is important to note that only the person who filed the lawsuit has the authority to request that the case may be dismissed. Most of the time, even after the case has been withdrawn, it is still possible to re-commence it later. Understand that if you choose to withdraw your case, you will almost certainly be required to reimburse the other parties for their cost so far in the litigation. This is more evident if you withdraw your case during the proceedings, and if the other parties have not agreed to bear their costs, you may be subject to this penalty. Also, note that withdrawing your case will not have the effect of withdrawing any counterclaims that the defendant(s) may have filed against you unless you can obtain the defendant(s)’ agreement to withdraw their counterclaims.

 

 

What are the divorce laws in Singapore?

The starting point of any divorce proceeding is to establish whether you and your spouse are eligible to file for divorce in Singapore. The Women’s Charter governs divorce in Singapore. The key criterion is that you and your spouse must be residents in Singapore during the divorce. If you meet this criterion, you may file for divorce in Singapore provided that you have been married for at least three years, and your marriage has broken down irretrievably. You and your spouse must also agree to the divorce. If you do not meet the residency criterion, you may still file for divorce in Singapore, but it will be an overseas divorce, and the proceedings will take place in the foreign country.

In some circumstances, a divorce can be filed before the first three years of the marriage have elapsed. You will, however, be required to demonstrate that you have endured exceptional hardship or that your spouse has been exceptionally unreasonable and cruel in their treatment of you.

What constitutes “exceptional hardship” and/or “exceptionally unreasonable and cruel” behaviour is subject to interpretation by the courts. There is no set legal definition for these terms. The reason for this is that the applicant must use his or her own personal circumstances to convince the court. That there is exceptional hardship on a broader scale than usual. 

 

 

In a nutshell

Marriage is not all about love. It’s a decision a couple has to make together. Indeed, it is easy to fall in love and be married but it is harder to stay in love and be committed to the relationship. A relationship won’t thrive if bitterness, suspicion, and resentment are present. Both parties have to learn to accept each other’s differences and find ways to overcome them. On top of commitment, loyalty, faithfulness, respect and trust are factors that will contribute to a lasting relationship.

However, if you find that your partner has cheated on you, or if you have been abused both physically and verbally, or if you come to a point when you realise that your marriage is beyond repair, then divorce may be the means to an end. Speak to our lawyers and we will do our best to advise you on the right course of action to take. You are not alone in your battle, so reach out if you find yourself at wit’s end!