Grounds for Divorce

What is the ground for divorce in Singapore?
In Singapore, there is only one legal ground for divorce: that the marriage has irretrievably broken down, as established under section 95 of the Women’s Charter 1961. To obtain a divorce, a party must prove this irretrievable breakdown by relying on one of six facts prescribed by law. As of 1 July 2024, a sixth fact — Divorce by Mutual Agreement (DMA) — was introduced, allowing couples to divorce without assigning blame or proving fault.

What are the requirements before filing for divorce?
Before filing for divorce, the following threshold requirements must be satisfied:

1. Three-Year Marriage Requirement — Parties must generally have been married for at least three years before commencing divorce proceedings. In exceptional circumstances, the Court may permit an earlier application where the applicant has suffered exceptional hardship or where the other spouse has been exceptionally cruel: section 94(2) of the Women’s Charter.
2. Domicile or Residency in Singapore — Either party must be domiciled in Singapore at the date of commencement of proceedings, or must have been habitually resident in Singapore for at least three years immediately before the proceedings: section 93 of the Women’s Charter.
3. Mandatory Co-Parenting Programme (CPP) — With effect from 1 July 2024, all parents with children below the age of 21 are required to complete the Mandatory Co-Parenting Programme before filing for divorce, under section 94A of the Women’s Charter. The programme comprises an online e-learning module (approximately 1.5 hours) followed by a one-hour consultation with a counsellor. This requirement does not apply to Muslim divorces.

What are the six facts that can be relied upon to prove irretrievable breakdown?
A party must rely on one of the following six facts:

1. Adultery — The applicant must prove that the respondent committed adultery and that it is intolerable to continue living with the respondent. If the applicant continues to live with the respondent for more than six months after discovering the adultery, this fact can no longer be relied upon: section 95(3) of the Women’s Charter.
2. Unreasonable Behaviour — The respondent must have behaved in such a way that the applicant cannot reasonably be expected to live with him or her. This is the most commonly relied-upon fact in Singapore, cited in 58.6% of civil divorces in 2024. It covers a wide range of conduct including physical or verbal abuse, gambling, excessive drinking, financial irresponsibility, and emotional neglect.
3. Desertion — The respondent must have deserted the applicant for a continuous period of at least two years immediately before the commencement of proceedings. The applicant must show both that the parties are living separately and that the respondent had the intention to desert.
4. Separation of 3 Years (with Consent) — The parties must have lived apart for a continuous period of at least three years immediately before the commencement of proceedings, and the respondent must consent to the divorce. Parties may be considered to be living “apart” even under the same roof if they are living separate lives.
5. Separation of 4 Years (without Consent) — Where the parties have lived apart for at least four continuous years, no consent from the respondent is required. This fact is useful where one party refuses to consent to a divorce but the parties have been separated for a sufficient period.
6. Divorce by Mutual Agreement (DMA) — New from 1 July 2024 — Both parties may divorce without proving fault or a lengthy period of separation. Both parties must submit a written agreement to the Court setting out the reasons for concluding that the marriage has irretrievably broken down, the efforts made to reconcile, and the arrangements made for financial affairs and children. The Court retains discretion to refuse a divorce if it is satisfied that there remains a reasonable possibility of reconciliation.

What happens after filing for divorce?
Divorce proceedings in Singapore are heard in the Family Justice Courts. The process involves two stages: the dissolution of the marriage and the resolution of ancillary matters, including division of matrimonial assets, custody and care arrangements for children, and maintenance. Where the divorce is uncontested, the matter can generally be resolved more quickly under the simplified track. Where the divorce or ancillary matters are contested, the matter proceeds on the standard track and may take considerably longer to resolve.

What about Muslim marriages?
Divorces involving Muslim marriages are governed by the Administration of Muslim Law Act 1966 and are heard in the Syariah Court, not the Family Justice Courts. The Women’s Charter does not apply to Muslim marriages. Muslim parents with children under 21 must attend the Marriage Counselling Programme at the Syariah Court before filing for divorce.

===============================================================
(This article is for your general information only and is not to be considered as formal legal advice to you. You may contact us at (+65) 8062 4651 should you require specific legal advice.)
===============================================================