Singapore Introduces Divorce by Mutual Agreement

Commencing from 1 July 2024, a new fact can be cited by divorcing couples in establishing that there was an irretrievable breakdown of marriage, whereby fault need not be attributed to either party – Divorce by Mutual Agreement (DMA).

This is in addition to the 5 other facts which parties can rely on to divorce, which are as follows:

• Adultery was committed by their Spouse, and the other party finds it intolerable to live with the party;
• Spouse has behaved in a way that the other party cannot reasonably be expected to with the Spouse;
• Spouse has deserted the other party for a continuous period of at least 2 years immediately preceding the filing of writ;
• Parties have lived separate and apart for a continuous period of 3 years and the Spouse consents to a judgment being granted on this fact;
• Parties have lived separate and apart for a continuous period of 4 years.

What DMA Means for You

This change is intended to help parties reduce acrimony in the process and provide an avenue for both parties to acknowledge that the breakdown of their marriage is attributable to both parties, rather than to either one solely. This means that parties no longer have to be fault-finding to establish an irretrievable breakdown of their marriage.

This change is also likely to revamp the legal landscape. The current adversarial court process would, with the new changes, shift to one that focuses on rehabilitation and aligns more closely with the spirit of Therapeutic Justice advocated by the Family Justice Courts of Singapore.

In citing this new fact, parties would only need to provide details on reasons leading parties to ascertain that their marriage has irretrievably broken down, attempts by parties to reconcile wherein their efforts were proven futile and parties' proposed arrangements to the children and financial affairs thereafter.

It is expected that this new fact will be warmly embraced by parties seeking a quick and amicable resolution in divorce proceedings and cast a new light on the issue of divorce in the near future.

Speak with a Divorce Lawyer

If you and your spouse are on the same page about ending your marriage and can work together towards a fair resolution, then DMA could be the ideal path for you. Contact a qualified divorce law specialist today at 9338 5040 for guidance through the process, ensuring a clear and efficient outcome that protects your interests.