No couple ever desires or thinks about divorce once they get married. Unfortunately, divorce is never completely out of the picture. However, divorce isn’t a one-shoe-fits-all type of process. In fact, there are a lot of different details and steps depending on every situation. With that, we will be discussing how to file for divorce in Singapore.

 

What are The Grounds for Divorce in Singapore?

There are two (2) grounds for divorce in Singapore: unreasonable behaviour and adultery.

 

Unreasonable Behaviour

Unreasonable behaviour is frequently used as a common ground in divorce proceedings since it’s fault-based. Meaning your spouse has acted in such a way that you can no longer live with them. When you file, one of the requirements is to provide examples of their behaviour. Behaviour that you believe you will be unable to tolerate in your Statement of Particulars. As a result, the court does not require harsh allegations against your spouse to grant a divorce. There have been many divorces where there was no evidence of violence, gambling, or extramarital affairs.

However, relatively mild allegations may suffice. Some examples are: devoting too much time to a hobby or placing too much priority on a career. Differences in opinions or pursuing separate social life could also be one factor.

 

Adultery

Adultery, on the other hand, necessitates actual evidence of a spouse engaging in sexual intercourse with another person. Presenting evidence in court is one way to obtain a divorce based on adultery.  You can still file without evidence and prove adultery by actual admission or circumstantial evidence.

It is a trend for family lawyers in Singapore to suggest unreasonable behaviour as their ground for divorce. Considerably preferred rather than adultery when filing for divorce. This is most common if there’s no basis of the intimate affairs of a spouse with another person. Added to that when the client wishes to end the marriage expeditiously or to save costs.

 The law does not legally allow you to file a divorce under adultery if you continue living with your adulterous spouse for more than six (6) months after you discovered the affair. Additionally, the person who has committed adultery cannot use the ground of having admitted adultery to the victim’s spouse to commence divorce. In either scenario, the individual can opt for unreasonable behaviour instead.

 

Who Can File for a Divorce in Singapore?

Individuals can file for a divorce under three (3) circumstances:

• Three (3) years’ separation with the consent of the spouse
• Four (4) years of living apart
• Two (2) years’ of desertion

 

Three (3) years’ separation with the consent of the spouse

You can file for a divorce if you both agree with the decision and have lived apart for at least three (3) years. It requires both parties to provide a signed consent form as part of the divorce documents for submission to the Family Justice Courts.

 

Four (4) years of living apart

On the other hand, you do not need your spouse’s consent if you have lived apart for at least four (4) years. However, this does not automatically mean that your divorce will push through.It is also required to submit a Writ for Divorce to the Family Justice Courts to obtain an order for divorce.

 

Two (2) years’ of desertion

Two (2) years of desertion can also be applicable in other cases. This is when your spouse has gone missing for a continuous period of at least two (2) years without your knowledge and consent. However, you have to show that the absent spouse has intended to abandon the family. If you have no way of contacting him/her, it can be used as grounds to file for divorce.

 

Is it True That My Spouse and I Must be Separated for Three (3) Years Before I Can Divorce?

If married for more than three (3) years from the date of the ROM, you have five (5) grounds to choose from. Firstly, you do not have to wait for an additional three (3) years (a total of eight (8) years of marriage) to start a divorce proceeding for the marriage of five (5) years.

 

In addition, the defendant can still contest the divorce based on four (4) years’ separation.  Refusal to consent to three (3) years’ separation does not guarantee an automatic filing of the divorce on the fourth (4th) year.

 

Does it Matter Who Starts The Divorce?

The law will name you as the Plaintiff if you deem your spouse the cause for the breakdown of your marriage. In turn, the law will consider your spouse as the Defendant and will have the chance to defend your allegations against them. It will be an uncontested divorce if the spouse agrees to the others’ allegations.

 

Can I Divorce Without a Lawyer in Singapore?

The Family Court of Singapore is not in a position to give you any legal advice without your own divorce lawyer. Only a Singapore divorce lawyer engaged by you can dispense legal advice to you that is in your interest. Remember, information on how to file for divorce is easily accessible online. What you’ll be needing the most is a professional divorce lawyer to help you through this undesirable fate.

 

Can I Divorce Without Separation?

For divorce with consent, it requires couples to have three (3) years of separation. Divorce without consent is also possible, with four (4) years of separation.

 

What is the Difference Between Uncontested and Contested Divorce in Singapore?

An uncontested divorce refers to when the spouse received (or told to expect) the Writ for Divorce,  through divorce papers sent by the other party. This can be sent either by email or post or manually claimed. Recipients must fully agree to ancillary matters (a division of assets, home, child(ren)’s custody care and control and access, child and spousal maintenance and other issues and have nothing to further add).

On the other hand, contested divorce means the receiving spouse has read through the divorce papers and doesn’t agree with the allocation of assets or with the story in the statement of particulars. To counter a divorce, you will need a formal legal objection and the Family Justice Courts will consider whether the marriage is irretrievably broken down and the divorce will be granted accordingly.

 

How Can I Get an Immediate Divorce in Singapore?

You will obtain your Interim Judgement within one (1) month after filing the court papers with the Family Justice Courts. This happens if your case is a simplified & uncontested divorce, making it straightforward and less hassle. However, the process extends typically from four (4) to six (6) months due to the wait time for the Certificate of Divorce. Certain unresolved issues or disputes over the terms between both parties can be the cause of this. The Family Justice Courts will mandate CFRC counselling, mediation and other dispute resolution methods. They may also require a contested trial/hearing.

 

What is The Cost of Divorce in Singapore?

For divorce filed under adultery, the cost could go from S$5,000 to over $10,000. However, this doesn’t guarantee that you would get a result from your spouse’s adulterous conduct.

In an uncontested divorce, where parties work on the settlement of terms together, they would usually agree to share the costs. If your spouse refuses to pay for the legal costs or court fees, or they get their own lawyer to represent them, the person who initiates the divorce will be paying for everything.

 

The Requirements Needed In Filing A Divorce in Singapore.

To be able to file for a divorce namely, you must meet certain eligibilities set under sections 93 and 94 of the Women’s Charter:

• A couple with marriage for more than three (3) years. However, you can apply earlier if proven that an individual has suffered exceptional hardship or deprivation.
• Either spouse has domiciled in Singapore OR based on the habitual residence of a party to the marriage for at least three (3) years in Singapore. In addition, he/she has left Singapore for a period of 180 days in a block, immediately preceding the filing of the Writ of Divorce.

 

The steps for filing for divorce as follows:

1. Before Filing the Divorce Application

According to the Mandatory Parenting Programme (MPP), at least one (1) child under the age of 21 should attend the mandated programme at any of the Divorce Support SapecialistAgencies. This is according to Singapore law (since 2016) for divorcing couples. These are found among four (4) family centres in Singapore. Sessions usually take around 30 mins with a group of 12 attendees. You will get a Certificate for Attendance after the session, which is vital for filing a Writ for Divorce. It is also required for couples to do so if they cannot fully agree on the reasons for divorce and/or all ancillary matters, all while intending to contest the divorce proceedings.

However, suppose the divorcing couple has reached a full agreement on the reasons for divorce and all ancillary matters, they may proceed to file for divorce via the uncontested divorce track or the simplified divorce track.The spouse who filed for the divorce is the Plaintiff while the other acts as the Defendant.  In addition, Co-Defendant(s) served as the term used for a third party member in adultery.

 

2. Drafting the Divorce Documents

You may refer to the list below for several important documents required for filing for divorce:

Writ for Divorce – autogenerated document indicating the serial number (FC/D 1234/2020);

• Statement of Claim – a document that indicates children and assets, particulars and Plaintiff’s claim for ancillary reliefs. Said ancillary reliefs are issues like division of matrimonial home and other relevant items in the marriage;
• Statement of Particulars – important facts about the relationship to support the divorce. Specifically, what happened during the marriage that prompted it. For example, unreasonable behaviour, violence or adultery etc.
• Parenting Plans – list on current care arrangement for the child(ren) under the age of 21. This should include information about their school and schedule; and the care arrangement for them after divorce
• Property Plans – list on the HDB flat. This includes cash and CPF contributions, and the intended division of the HDB flat after divorce.

 

 

3. Service of the Writ on a Defendant

It is possible to file an application for divorce if you have been married for more than three (3) years from the date of your Registration of Marriage (“ROM”). This is according to section 94(3) of the Women’s Charter. In addition, you need to cite one (1) of the five (5) facts which demonstrate that the marriage has irretrievably broken down.

You must file a Writ of Divorce, together with the full set of documents, into Family Justice Courts to commence the divorce proceedings. The Defendant must respond to the Courts within eight (8) days after receiving the writ. In addition, the Defendant or his lawyer must indicate whether he/she wishes to contest the divorce and list down ancillary matters. It is required to list all of these down in the Memorandum of Appearance. If you are unable to locate the defendant or he/she refuses to respond despite being able to, you need to file an application of Substituted Service for the Defendant.

 

Divorce is also used to help couples reach a final agreement  on important matters like custody care and control, division of matrimonial assets and HDB or private properties; accessibility and maintenance of Child(ren) of the marriage, and spousal maintenance, costs etc. These should also include concluded terms reached by each parties’ settlement by way of private negotiation or court mediation. A draft consent order or draft interim judgement is also vital.  An Ancillary Matters Order or Order of Court will be issued if the judge’s decision concludes the terms after hearing the case at the Ancillary Matters Hearing.

 

Let Yeo Law Aid You in Your Divorce Journey

Divorce is not an easy feat to get through. That is why it is of utmost importance in Yeo Law to provide top-notch quality lawyers. Setting the bar high will help you through the difficult journey. Hiring a professional attorney will ensure that there is someone to support you. At the same time, keep your best interest in mind at all times. Contact us via our website to learn more about how hiring a divorce attorney could benefit you as you go through this difficult time.