A Guide To Divorce Proceedings In Singapore

There are many considerations surrounding a decision to divorce. From the emotional hurt to the potential complex legal procedures to toil through, filing for divorce in Singapore can be challenging to navigate. Some cases proceed on a contested basis and may go on for years. Outcomes may be unsatisfactory to both parties and affect the reconstruction of the family. From divorce eligibility to the hearing process, learn more about the documents that need to be filed, the application process, and important details about divorce in Singapore.

In this article, the person filing for a divorce is referred to as the “Plaintiff” and the other spouse, the “Defendant”.

Before Filing for Divorce

 

1.1. Divorce Eligibility

To be eligible for a divorce in Singapore, both parties must meet the following requirements for the Singapore courts to have jurisdiction over their divorce: 

• Be domiciled* in Singapore during the commencement of divorce proceedings;
• Be habitually resident* in Singapore for a minimum of 3 years immediately before divorce proceedings are commenced

*Domicile refers to the country that the person treats as their permanent home. A person who is a citizen of Singapore will be deemed to be domiciled in Singapore. Habitually resident refers to the person’s voluntary residence in Singapore for a settled purpose, such as work.

Additionally, both parties must have been married for a minimum of 3 years under civil law in Singapore or overseas. Those who have not met the 3-year requirement must prove to the court that there has been exceptional hardship or cruelty in the marriage for the court to grant permission to file for divorce. Couples who were married under Syariah law can only file for divorce in the Syariah court. 

 

1.2. Filing for Divorce as a Foreigner

If either/both parties to the marriage are foreigners and wish to file for divorce in Singapore, they can only do so if they meet the following requirements:

• Either spouse is a Singapore Citizen or Permanent Resident
• Either spouse has been habitually resident in Singapore for at least 3 years immediately before the divorce is filed

 

1.3. Establish the Reasons for Divorce

There is only one ground for divorce in Singapore as outlined in section 95 of the Women’s Charter — i.e. the irretrievable breakdown of marriage. Parties filing for divorce must show that their marriage has broken down irretrievably by proving one of the five* facts highlighted.

*With effect from 2023, parties will be allowed to file for divorce via a 6th fact—Divorce by Mutual Agreement. 

 

Fact 1: Adultery

Adultery is when a spouse has sexual relations with a third party outside of marriage. The Plaintiff may prove adultery by providing evidence of the Defendant having sexual intercourse with another party; physical intimacy will not be considered adultery. The Plaintiff may enlist the help of a private investigator to obtain evidence legally; the case may also be adduced with a witness testimony, text messages, phone calls, emails, and more. 

Parties who wish to rely on adultery as a fact must file for divorce within six months of discovering the last incident of adultery. The Plaintiff will not be allowed to rely on adultery as a fact when filing for divorce if he/she continues to live with the cheating spouse for more than six months after learning of it. 

 

Fact 2: Behaviour Which Makes It Unreasonable To Stay Married

When a spouse’s behaviour is such that the Plaintiff cannot continue to live with him/her, the Plaintiff can file for divorce by stating behaviour which makes it unreasonable to stay married. Some examples include: 

• Family violence of any form
• Lack of contribution or refusing to contribute to household expenses
• Any form of addiction or obsessive behaviour
• Lack of affection, care and concern for the family
• Improper relationship with a third party

In many cases, parties who wish to file for divorce due to their spouse’s infidelity but are unable to obtain concrete evidence to prove adultery may state behaviour which makes it unreasonable to stay married when filing for a divorce. Those who intend to file for divorce under this fact may wish to do so after confirming with a divorce lawyer that their case can be classified as one of behaviour which makes it unreasonable to stay married. Improper association may be cited.

 

Fact 3: Desertion

When one spouse abandons the other against his/her wishes, it is considered desertion. By deserting the spouse, he/she is rejecting the marital relationship. The Plaintiff must prove that his/her spouse has left the marital home with no intention of continuing the marriage, for a continuous period of at least 2 years prior to the commencement of divorce proceedings, in order to rely on desertion as a fact to prove the irretrievable breakdown of marriage. During the 2 years, both parties may continue to live together or see one another for a total of 6 months only. If contact between both parties lasts for more than 6 months during the supposed 2 years of desertion, the Plaintiff will not be allowed to rely on desertion as a fact when filing for divorce. 

 

Fact 4: Separation (3 years) | With Consent for Divorce

Divorcing parties will have to be separated for 3 years before divorce proceedings can be commenced if the Defendant agrees to the divorce. Both parties must have lived separately for a continuous period of 3 years. If resumption of cohabitation continues for 6 months or more, the preceding period of separation will be disregarded. 

 

Fact 5: Separation (4 years) | Without Consent for Divorce

The Defendant’s consent to the divorce is not required if both parties have been living separately for 4 years. Divorce proceedings may be commenced upon 4 years of separation. If resumption of cohabitation continues for 6 months or more, the preceding period of separation will be disregarded.

There are three types of separation:

 

• Informal Separation

Both parties can separate out of their own will and use this reason for divorce if they can show that their intent for separation is divorce. Separation can be done either physically—where parties reside at a different address—or through the absence of spousal duties and other factors when there is separation while living under the same roof.

 

• Deed of Separation

This is a legally binding document that outlines both parties’ agreement to live separately. Parties can draft a Deed of Separation with the assistance of a divorce lawyer to formally record their separation with an intent to divorce. Information to include in this document: 

• Date of separation
• Living arrangements 
• Custody and care and control of the children during separation, and upon divorce
• Maintenance
• How the matrimonial assets between both parties should be divided

 

• Judicial Separation

This is a court order that grants a married couple the permission to live separate lives. Parties who wish to go their separate ways due to the breakdown of their marriage but are unable to or do not want to file for divorce may choose to get a judicial separation.  

To be eligible for judicial separation, couples must be married for 3 years and seek separation on one or more of the same facts as a divorce. Once granted, both parties are relieved of their marital obligations and may live separate lives permanently. They will also be entitled to the division of matrimonial assets and ancillary matters relating to child custody, care and control, and access, and maintenance. However, parties will not be allowed to remarry.

Filing for Divorce

 

2.1. Documents to Prepare

Once the Plaintiff has determined whether both parties are eligible for a divorce in Singapore, and decided on the facts to support the irretrievable breakdown of marriage, he/she may proceed to file for divorce. However, there are documents which need to be signed and filed in the Family Justice Courts in order for divorce proceedings to commence. We recommend enlisting the help of a divorce lawyer to ensure that your documents are in order and filed in accordance with the requirements.

• Writ for Divorce: A court document that contains the name and identification number of both parties. It must be filed in court and served on the Defendant by personal service, to inform him/her of the commencement of divorce proceedings. 
• Statement of Claim: A document containing information about the divorce case; the parties’ particulars, details of the marriage, details of any children of the marriage, the fact relief on to prove an irretrievable breakdown of marriage, and the relief sought by the Plaintiff for ancillary matters. 
• Statement of Particulars: A document providing explanation to the fact(s) outlined in the Statement of Claim, and any other relevant information.
• Agreed/Proposed Parenting Plan: A document detailing how the children of the marriage will be cared for after the divorce, if there are any below 21 years of age. If both parties can agree on the parenting plans, an Agreed Parenting Plan will be filed instead. 
• Agreed/Proposed Matrimonial Property Plan: A document outlining the plans for the HDB flat (if any)—how it will be divided or who it will be assigned to after the divorce. If both parties can come to an agreement, an Agreed Matrimonial Property Plan is filed instead. 

 

2.2. Singapore’s Divorce Process

Upon filing all the documents required, the Writ for Divorce must be served on the Defendant by way of personal service, if the Plaintiff knows of the Defendant’s address. 

 

Serving Divorce Papers on Defendant

If the Plaintiff does not know the residential address of the Defendant and/or has failed twice at personal service, the Plaintiff can apply for substituted service with a supporting affidavit explaining the reasons for it. The court may then allow the Writ for Divorce to be served via AR registered post, electronic means, posting on the front door of the Defendant’s last known residence, or by advertisement, etc. 

After all attempts have been made and the Defendant cannot be contacted, the Plaintiff may prove to the court that he/she does not know where the Defendant is residing and that advertising would be ineffective. The court may then dispense with the service of the divorce documents on the Defendant. 

There are different documents to be filed by the Defendant should the Defendant be served with the divorce papers successfully: 

• Defendant agrees to the divorce: File a Memorandum of Appearance to inform the court of his/her agreement. 
• Defendant agrees to the divorce but contests the ancillary matters: File a Memorandum of Appearance highlighting the issues he/she wishes to be heard on. 
• Defendant contests the divorce: File a Memorandum of Appearance within 8 days and a Defence and Counterclaim within the next 14 days 

If the Defendant chooses to ignore the divorce papers upon personal service, and refuses to show up in court, the Plaintiff can file a Request for Setting Down Action for Trial. The court will then set a hearing date to decide on all matters uncontested. All court orders will be binding on the Defendant even in their absence. 

 

2.2.1. Uncontested Divorce

If the Defendant agrees to the divorce and files a Memorandum of Appearance, the court will set a date for the uncontested divorce hearing to take place in chambers. Both parties need not attend the trial if they each have lawyers representing them. 

The court will review all facts and evidence surrounding the divorce. If it is convinced that the marriage has irretrievably broken down, an interim judgement will be granted, dissolving the marriage. If the court is not convinced, it will summon both parties to an open court hearing or by way of additional affidavits to provide more evidence to support their reasons for divorce before deciding whether to dissolve the marriage or dismiss the application.

Following the dissolution of marriage, both parties may be asked to file an Agreed Parenting Plan outlining their care arrangements for any children below 21 years of age, and Agreed Matrimonial Property Plan detailing what they wish to do with the HDB flat. 

If the Defendant filed a Memorandum of Appearance highlighting some ancillary issues he/she wishes to be heard on, the court may direct parties to divorce mediation to see if a settlement can be reached, or set a hearing date for ancillary matters to be heard in court. 

Once all ancillary issues have been agreed on, a Draft Consent Order can be filed to conclude the divorce proceedings. 

 

2.2.2. Contested Divorce

If the Defendant chooses to contest the divorce, the court will schedule a case conference(s) or status conference(s) date(s), which is a court session to prepare both parties, and for the judge to provide directions on how to best manage the case moving forward. For example, it may direct both parties to attend sessions(s) of divorce mediation and counselling to encourage an amicable settlement. 

After mediation, if settlement is unsuccessful, the court will require that parties file further supporting evidence by way of affidavits and fix a trial date where both parties will be called to the stand as witnesses. Similar to an uncontested divorce, the court will grant an interim judgement and move the proceedings to the next stage, ancillary matters, if it is satisfied that the marriage has broken down irretrievably. Otherwise, the application will be dismissed. 

During the second stage of divorce proceedings, other case conferences will be held to prepare both parties for the hearing, which will be held in chambers before a District Judge of the Family Justice Courts. Parties may not be required to attend the case conference if they have a divorce lawyer to represent them.

At this stage, the court will deal with issues related to child custody, care and control, access to children, spousal and/or child maintenance, and the division of matrimonial assets. 

Both parties must disclose in an Affidavits of Assets and Means, all their assets and liabilities, earnings, and expenditures. They may also be required to exchange proposals and attend mediation to determine whether a settlement can be reached. If unsuccessful, an ancillary matters hearing will be scheduled for the court to decide on the issues. 

The court will review all presented evidence, the proposals by both parties, and take into account all other factors surrounding the marriage when deciding on the divisions of matrimonial assets, child custody, wife maintenance, and more. These factors include both their financial contribution to the acquisition of the assets, any non-monetary contributions to the family, debts, children’s needs, and more. 

Divorcing couples with at least one child under the age of 21 must also attend a Mandatory Co-Parenting Programme (‘CPP’) that encourages them to make informed decisions in the best interests of their children. 

For more information on how ancillary matters are heard, speak to a divorce lawyer in Singapore. 

 

2.3. Child Custody, Care and Control, and Access Order

One of the biggest issues in a divorce case is the fight over custodial rights. Here’s a detailed explanation of custody orders, care and control, and access orders in Singapore. 

 

What is Custody?

Custody rights grant one or both parents the authority and obligation to make major decisions for their child. For example, the child’s education, religious upbringing, and medical care. One parent can have custody over the child but not care and control, and should not be confused for the latter.

There are four types of child custody orders in Singapore. 

 

1. Sole Custody Order

The sole custody order only grants one parent the custody of the child during a divorce; this parent will have the control to make all significant decisions related to the child’s upbringing without needing the consent of the other parent. A sole custody order will typically only be granted in cases where the couple’s relationship has deteriorated beyond salvation and parties cannot communicate amicably despite several counselling and mediation sessions, or when one parent has physically, emotionally, or sexually abused the child. In the event that both parents cannot be entrusted with the child, the court may grant custody to a suitable relative. 

 

2. Joint Custody Order

Most cases in Singapore see both parents granted a joint custody order, where both parties are given equal rights and responsibility over their child’s matters. Both parents are expected to communicate with each other and decide on major matters in their child’s life together. When a joint custody order is given, one parent will be granted care and control of the child (or shared care and control of the child) while the other will be granted access (or shared time under care and control of the child). 

 

3. Hybrid Order

The hybrid order grants custody of the child to one parent, similar to the sole custody order. The difference is, the custodial parent must consult the other parent on matters concerning the child before making major decisions. 

 

4. Split Custody Order

The split custody order grants the custody of one or more children to one parent, and custody of the other children to the other parent. For example, one child to the mother and another child to the father. This is a rare custody order and it is only granted if it can be shown that this would serve the best interests of the child. The splitting of siblings is generally not encouraged. 

When deciding on the type of custody order to grant and who is to be given custody, the court will consider what is in the child’s best interests. Suitability will not be measured based on financial ability or physical comfort alone. Instead, the child’s moral, religious, and physical well-being, along with his/her affectionate ties to the parent will also be taken into consideration. The court may request for social service reports or counselling sessions to assess the state of the parent-child relationship where necessary. If the child is able to express his/her stand in the case, the court will also factor in the child’s preference. 

The parents’ wishes will not be placed as priority, nor will their citizenship guarantee a competitive edge. 

It is important to speak with a divorce lawyer to understand your situation better if you are trying to fight for your child’s custodial rights. 

 

What is Care and Control?

Care and control of the child refers to which parent the child will live with after divorce. The parent who has been granted both the custody and care and control of the child will be his or her primary caregiver and is responsible for all of the child’s daily needs, such as providing meals, etc. 

 

What is an Access Order?

The parent who is not granted care and control of the child will be given access to the child—a court order allowing a parent to see his/her child. Access days may be decided by the court, but divorcing parties are highly encouraged to discuss and manage the schedule themselves. Access arrangements can include weekends, school holidays, public holidays, birthdays, or any other suitable dates convenient to the parents and in the interests of the children. 

Typically, access orders are unsupervised and allow the parent not residing with the child the opportunity to spend quality time with the child. However, in rare circumstances, for example where there is abuse involved, where the child needs time to get used to the parent, or to assess the relationship between the child and the parent, the court may grant supervised access, which requires a third party present during access sessions. 

After all ancillary matters have been decided on, parties who are not satisfied with the court order may make an appeal to the Family Division of the High Court by filing a Notice of Appeal. This is if the ancillary matters are heard in the Family Court in the first instance.

The Plaintiff may file the necessary papers to extract the Final Judgement Order to finalise and complete the divorce process. This can only be done after 3 months from the date of the Interim Judgement and when the ancillary matters have concluded. 

When it comes to divorce, there are numerous issues to consider. From deciding to file for divorce to the entire procedure and steps to be taken,  it can be complicated and challenging to handle alone.

Quahe Woo & Palmer is a multi-disciplinary law firm led by a team of some of the best divorce lawyers in Singapore with decades of Family and Matrimonial Law experience. If you require legal advice or assistance in filing divorce papers, our lawyers are here to assist you. Contact us today.