Divorce in Singapore can be a complex process because of its emotional upheaval that often overshadows legal realities. With that, understanding each step of the divorce process is not only crucial for the individuals involved but also to make informed decisions that protect their interests and the children involved, if any. In this article, we will explore the 5 grounds for divorce on how separating couples can navigate through these procedures in Singapore, making a complex process more approachable and manageable. 

The Irretrievable Breakdown of Marriage

Divorce in Singapore is a legal action to dissolve a marriage, with the only accepted ground being the “irretrievable breakdown of marriage.” This means either party has become definitively unable or unwilling to live or reconcile with one another. Although there are plans to introduce divorce by mutual consent, the irretrievable breakdown is the only basis for divorce in Singapore. There are five legally defined facts to help couples clarify and demonstrate the failure of their marriage, which are often cited individually as grounds for divorce. These facts help categorise behaviour and information for a spouse to present their case when filing for divorce.

Five Grounds for Divorce in Singapore:

• Ground 1: Adultery:

In Singapore, adultery is defined as voluntary sexual intercourse between a married person and another person, not their spouse. To prove an irretrievable marriage breakdown, an admission of adultery is necessary. However, without guilt, a spouse seeking divorce must present evidence such as pictures, SMS/email exchanges, and the existence of a lovechild with irrefutable DNA evidence. These types of evidence may not be readily available, so they may need to hire a private investigator. Consult a divorce lawyer for more information.

• Ground 2: Unreasonable Behaviour:

Proving unreasonable behaviour in a marriage is challenging, and the burden of proof lies with the person filing for divorce. They must show their spouse has behaved unreasonably and that they can no longer live together. Common examples include the following: 

• Domestic violence
• Refusal to engage in sexual intercourse
• Lack of physical intimacy
• Late arrivals
• Addiction to gambling or drugs
• Lack of quality time spent with the spouse or kids
• Controlling spouse
• Choosing to live separately despite being in the same household. 

Proving unreasonable behaviour is easier for uncontested divorces, as the other party doesn’t need to admit it. Adultery is more difficult to prove and can be embarrassing, as it may reduce the spouse’s willingness to consent to the divorce.

• Ground 3: Desertion:

The Women’s Charter in Singapore defines “desertion” as one party abandoning their spouse against their wishes. To prove desertion, the spouse must have completely rejected the marriage or deserted for two consecutive years before filing divorce papers. One can prove this through physical separation or an intention to desert, where one party refuses to cohabitate or live with the other.

• Ground 4: Separation for 3 Years (with Consent):

Divorcing couples often choose separation as a fact of their divorce, especially if they agree to an uncontested or amicable separation. They must show they have been living separately for three years and may need a Deed of Separation. Courts can accept separation if the couple reconciles briefly, as long as they don’t stay together for more than six months.

• Ground 5: Separation for 4 Years (without Consent):

In contested Divorce proceedings, where one spouse has shown unreasonable behaviour, committed adultery, or deserted their spouse for two years, the couple must separate for at least four years before the Courts grant a Divorce.

One party must prove they have been living apart from their spouse in that period. They may need to prove that they have no intentions of continuing the marriage, regardless of whether or not they have their spouse’s consent.

Financial Implications, Child Custody, And Child Support In Divorce vs. Separation

When deciding to divorce, it’s crucial to consider three key factors: finances, child custody, and child support. In divorce, marital assets and liabilities are typically divided, while in separation, couples can create their agreements. Spousal and child support payments are typically optional or less formal in divorce, while in separation, these may be optional or less formal. The court formalizes child custody arrangements in divorce, while in separation, they can remain more flexible and less legally binding.

Let Yeolaw Guide You Through Your Divorce 

Embarking on the journey of divorce in Singapore can seem daunting due to its intricate legal procedures and emotional complexities. However, the process becomes more manageable with a comprehensive understanding and having a seasoned divorce lawyer by your side for support. At Yeolaw, our team of experienced divorce lawyers will be glad to assist you through this trying time and fight for your needs. Schedule a free consultation today.