Divorce in Singapore: Everything You Need to Know

Divorce is a big legal and emotional event that represents the end of a marital relationship. Here in Singapore, the Women’s Charter determines the divorce process, the requirements to do it, and the terms for filing it. If you are seriously thinking about taking that step, it is important to understand how complicated the law surrounding divorce in Singapore really is, since you have to deal with the intricate legal process and make rational decisions towards all the persons concerned, including the children.

In Singapore, the only way to divorce is for the marriage to have irretrievably broken down. This can be demonstrated through one or more of the following factual circumstances:

Irretrievable Breakdown of Marriage

In Singapore, the breakdown of marriage is based on the concept of irretrievable breakdown. It means the marriage isn’t repairable. To establish this, one must prove one of the following:

• Adultery: The plaintiff should prove that the defendant has carried into adultery and the plaintiff can no longer continue to live with the defendant. And often this is proof requiring a mountain’s worth, such as photos or witness testimonies.
• Unreasonable Behavior: In this case the court has to point out that it is unreasonably to expect the plaintiff to continue living with the defendant and the manner in the defendant is behaving has to be shown. They include physical violence, being verbally abused or financially irresponsible.
• Desertion: This is when the residential cohabitation ceases for a continuous period for two years or more prior to when the aggrieved spouse will initiate the writ.
• Separation: Reasons for divorce include if both parties have been living apart for three years minimum, four if they did not agree, or the defendant consents to divorce.

Residency Requirements

Under Singapore's rules, both parties must be Singapore citizens or either party must be domiciled in Singapore or the other party must have been residing in Singapore for at least three years immediately before filing for divorce.

Timeframe for Separation

Separation also forms part of the ground for divorce if live apart for the prescribed period. It must also be continuous and voluntary; otherwise it is no separation.

Division of Assets

Matrimonial assets division is an important part of the divorce process. The law wants the court to make a just and equitable sharing of things based on contributions from both the party and their liabilities as well as the welfare of any children.

Child Custody and Support

In divorce cases, the well being of children is top priority. The court can give sole or joint custody, and decide on the daily care of the child together with his/her place of residence. Also, the arrangement for accessibility is made to maintain meaningful relationship with each one of the parents.

Spousal Maintenance

It may order maintenance for the wife and children, depending upon such factors as the wife’s financial needs, her earning capacity, and the standard of living during the marriage.

The divorce process in Singapore is a complex one and requires one to know deeply the legal framework and its implications in respect of all the involved parties. Knowledge of grounds for divorce, procedural requirements, financial and custody considerations helps individuals sound informed, and feel confident about taking the steps necessary to address their own divorce. Divorce is difficult but you can ease some of the stress by learning the law of divorce.