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What Is Divorce?
Divorce in Singapore is the legal procedure to terminate a marriage by Court judgement. Aside from effectively dissolving a marital union, a divorce is also concerned with handling marital issues and disputes regarding child custody, alimony, child support and division of assets. Each party should have a Singapore divorce lawyer or family lawyer to counsel and represent him or her during the proceedings.
Singapore divorces will follow a two-stage process. The first stage is the dissolution of marriage, which involves the decision of the Court to grant an Interim Judgment due to irretrievable breakdown of marriage. The second stage concerns the settlement of ancillary matters, including custody and spousal maintenance. Unless the second stage is completed, the divorce cannot be finalized.
What Is Simplified or Uncontested Divorce?
Who Is Eligible for a Divorce?
How to File for Divorce in Singapore?
- Signing and submission of required documents to the Family Justice Court (FJC) to commence the divorce proceedings in Singapore. Specific documents you need to submit include:
- Writ for Divorce - a document that the Plaintiff must present to the Court to officially start the divorce process.
- Statement of Claim - a statement that includes information such as length of marriage, number of children, the fact relied on for the divorce and the reliefs claimed.
- Statement of Particulars - a detailed statement of why the marriage has irretrievably broken down.
- Proposed Parenting Plan - a proposal on the care arrangements for children who are below 21 years old
- Proposed Matrimonial Property Plan - a proposal on how to deal with/divide the Housing & Development Board (HDB) flat.
- After the documents have been accepted by the Court, they must be served personally on the Defendant. The Defendant will be given eight days after that to decide if he or she will contest the divorce. If the Defendant chooses to contest, he or she will be required to file a Memorandum of Appearance and subsequently, a Defence and Counterclaim.
- Once the Interim Judgment is granted and if the ancillary matters remain outstanding, both parties must file their Affidavits of Assets and Means which will set out their assets, income, liabilities, contributions made to the family and care arrangements pertaining to the children to enable the Court to determine a just and equitable division of the matrimonial assets, the custody, care and control and access to the children as well as maintenance for the spouse and children.
What Are the Legal Grounds for Divorce in Singapore?
- Adultery - One party had sexual intercourse with someone other than his or her spouse.
- Unreasonable behaviour - The Plaintiff must prove claims of the Defendant's unreasonable behaviour, which makes living with the Defendant impossible or unbearable. Unreasonable behaviour may include domestic violence, verbal abuse, alcoholism, financial irresponsibility, gambling, excessive spending, etc.
- Desertion - The Defendant has deserted the plaintiff for at least two years with no consent or reasonable justification.
- Separation - Spouses have been living separately for at least three years with mutual consent and for four years if there was no such mutual consent.
How Much Does It Cost to File a Divorce in Singapore?
How Long Does a Divorce Process Take?
Can I Get a Divorce Even if My Spouse Refuses?
Can I Get a Divorce Even if My Spouse is Missing?
Articles on Divorce
Approximately 25% of marriages end up in divorce. According to the Singapore Department of Statistics (DOS), there were 7,107 divorces and annulments and 28,389 marriages in 2022. Divorce can be emotionally draining and financially burdensome due to its costs that include legal fees, division of assets, and ongoing spousal or child support payments (maintenance).
In Singapore, divorce is a legal procedure that allows a married couple to legally terminate their marriage by Court Judgment. It also involves handling issues regarding child custody, maintenance, and division of the matrimonial assets. The assistance of a competent and compassionate divorce lawyer who can provide legal advice and support is invaluable.
Divorce refers to the legal action of dissolving a marriage. To divorce in Singapore, the filing party must be able to satisfy the only accepted ground for divorce, which is the “irretrievable breakdown of marriage”. This means that either or both parties have become definitively unable or unwilling to live or reconcile with one another.
There are many reasons why a couple’s marriage might end, and in Singapore, divorce is available for them provided that they can show sufficient evidence of what the Women’s Charter defines as the “irretrievable breakdown of marriage.”
Divorce in Singapore refers to a legal procedure that terminates a marriage. In Singapore, divorce involves a two-stage process, whether it is a contested or uncontested divorce.
Read about three cases of divorce and child custody that our firm handled, and how we've helped our clients.
The division of matrimonial assets in Singapore during a divorce is a complex and sometimes contentious process.
When marriages end in divorce, matrimonial assets are divided in a just and equitable manner.
Commencing from 1 July 2024, a new fact can be cited by divorcing couples in establishing that there was an irretrievable breakdown of marriage,
Under the laws of Singapore, the process of divorce is divided into two stages namely, establishing the grounds of divorce and the ancillary issues (i.e. maintenance, children issues and division of matrimonial assets).