DMA

From 1 July 2024, a landmark procedural shift in Singapore’s divorce laws will take effect with the introduction of Divorce by Mutual Agreement (DMA). DMA allows couples to end their marriages amicably without assigning fault or meet lengthy separation requirements.

DMA represents a significant move away from traditional fault-based divorces, promoting a more peaceful and cooperative process.

Are All Divorces Suitable for DMA?

Although this new law aims to simplify and speed up the divorce process, speak to a Yeolaw Divorce Specialist Lawyer to find out whether your case requires the “truth” of the breakdown of the marriage (e.g. extramarital affair of a spouse, or you have suffered family violence etc) to be presented to the Family Justice Courts to achieve a better outcome for your financial and children’s rights. At Yeolaw, our lawyers will not simply advise you to file your divorce using DMA without taking into consideration the plight you have faced in your marriage that may be favourable to your obtaining better financial and property division or risk your children’s safety with a violent parent!

Parties may still choose to file the divorce under:

1. Adultery
2. Unreasonable Behaviour
3. Desertion
4. Three years’ separation with consent
5. Four years’ separation without consent

Key Criteria To File Divorce Under DMA

In order to file for Divorce by Mutual Agreement, couples must meet the following specific conditions:

Formal Written Agreement

Under the new section 95A(6)(a) of the Women’s Charter, the written agreement must include:

1. Reasons for concluding that the marriage has irretrievably broken down;
2. Efforts made to reconcile; and
3. Consideration of arrangements related to financial affairs and children.

The agreement must be made voluntarily, with an understanding of the terms, and an intention to agree accordingly.

No Chance of Reconciliation

Under the newly established section 95A(6)(b) of the Women’s Charter, if the Court determines there is a reasonable chance of reconciliation, it may direct the parties to participate in mediation, counselling, or family support programs. These interventions aim to either repair the marriage or assist the parties in confirming that reconciliation is no longer feasible.

Duration of Marriage

As stipulated in Section 94(1) of the Women’s Charter, the couple must have been married for at least three years, just like any other reasons for divorce stated above.

MSF Co-Parenting Programme: For couples with children under 21, participation in a mandatory Co-Parenting Programme (CPP) is required before filing for DMA. This programme is NOT a family counselling to help you salvage your marriage but aims to help parents understand the impact of divorce on children and promote effective co-parenting. This is usually a 45 minute online zoom session for filing party to attend and upon completion of the course, a certificate of participation will be issued. Should you wish to attend family counselling to try to save your relationship, please visit other family services centres for paid or free counselling sessions.

The Benefits of Divorce by Mutual Agreement

Key advantages of DMA include:

DMA Can Safeguard Children’s Interests

DMA prioritizes the children’s best interests by promoting cooperative co-parenting and reducing the time families spend in court. Lowering conflict during the divorce process decreases family tension, benefiting children emotionally.

DMA Can Enhance the Welfare of Parties

DMA helps couples steer clear of blame and lengthy separation periods, reducing conflict and safeguarding emotional well-being during the divorce process.

DMA Promotes Long-Term Cooperation

By fostering a cooperative approach from the outset, DMA sets the stage for long-term collaboration between ex-spouses especially when it comes to co-parenting, shared financial obligations, and other matters that require continuous interaction.

DMA Can Reduce Legal Costs and Enhances Efficiency

DMA simplifies the divorce process, which results in lower legal fees. By eliminating unnecessary disputes and extensive communications, it facilitates a more cost-effective resolution.

Why You Need A Family Lawyer For Divorce By Mutual Agreement?

Knowing Your Legal Entitlement to the Properties, Assets and Maintenance

Although no story to tell for the divorce part, you would still require professional advice on money matters; how the properties and assets should be divided under the law; what is the fair amount of maintenance for yourself and the children. Having professional legal advice from a Specialist Divorce Lawyer could help you make informed decisions and navigate the complexities of divorce with greater confidence and peace of mind.

You may require the expertise of an experienced Divorce Lawyer to engage in negotiation and mediation with your spouse, which can lead to quicker resolutions.

Ensuring Compliance with Legal Requirements

The divorce process involves numerous legal requirements and paperwork that must be accurately completed and submitted. Yeolaw Divorce Specialist Lawyers ensure that all legal documents are properly prepared and filed in accordance with the law. They stay updated on any changes in legislation that may affect the divorce proceedings, ensuring full compliance with legal standards. This meticulous attention to detail helps avoid any legal complications or delays, allowing the divorce to proceed smoothly and efficiently.

Conclusion

For those who choose this path, working with a reputable family law firm like Yeo & Associates LLC is crucial. Our experienced team offers expert guidance,
compassionate emotional support, and a transparent fee structure, ensuring that clients can navigate this challenging time smoothly.
Call Yeo & Associates LLC for a free initial chat with one of our Specialist Divorce Lawyers at +65 6220 3400 or complete our Online Form.