Going through a divorce in Singapore can feel overwhelming and confusing. I remember when I first needed to understand Singapore marriage law divorce, I found it hard to find clear information. That's why I've created this complete guide to walk you through everything in simple terms.
In Singapore, divorce is governed by the Women's Charter. This law outlines all the rules and procedures for ending a marriage. Whether you're just curious or seriously considering this path, understanding the basics of divorce lawyer Singapore can help you make informed decisions.
Let me share some important background. Recent statistics show that about 7,078 divorces were granted in 2024 alone . That's actually a 3% increase from the previous year. This tells us that many couples face marriage difficulties, and seeking divorce is a reality for some.
Who Can File for Divorce in Singapore?
Understanding the Residency Requirements
Not everyone can file for divorce in Singapore. The law has specific rules about who is eligible. You might be surprised to learn that Singapore marriage law divorce has residency requirements that must be met first.
Based on my research, here's what the law says: either you or your spouse must be a Singapore Citizen or Permanent Resident of Singapore. Alternatively, you must have been living in Singapore for at least three years before filing for divorce .
What does "living in Singapore" mean exactly? The legal term is "habitually resident." This means Singapore has been your main home for three continuous years. If you've been moving in and out of the country, it might not count.
The Three-Year Marriage Rule
Besides the residency requirement, there's another important rule. You must have been married for at least three years before you can file for divorce .
This three-year marriage rule is designed to protect the sanctity of marriage. It encourages couples to work through their early difficulties rather than giving up too quickly. The law assumes that every marriage faces challenges, and couples deserve time to resolve them.
But what if you're in an unbearable situation and haven't reached three years of marriage? There are exceptions to this rule. The court may allow you to file earlier if you can prove "exceptional hardship" or "exceptional depravity" .
- Exceptional hardship means you've suffered extreme difficulties that make continuing the marriage unbearable.
- Exceptional depravity refers to shockingly bad behavior by your spouse.
These exceptions have a high threshold of proof. The court doesn't grant them lightly. You would need strong evidence like medical reports or police reports to support your claim .
Here's a quick summary of the eligibility requirements:
| Requirement | Description | Exception |
|---|---|---|
| Residency | You or spouse is Singaporean/PR, or habitually resident in Singapore for 3 years | None |
| Marriage Duration | Married for at least 3 years | Exceptional hardship or depravity |
Understanding these requirements is the first step in the Singapore divorce process. If you meet these criteria, you can consider the next steps. If not, you might need to wait or seek legal advice about possible exceptions.
What Are the Grounds for Divorce in Singapore?
The One Legal Ground: Irretrievable Breakdown
Many people are surprised to learn that Singapore marriage law divorce has only one legal ground. This ground is "irretrievable breakdown of the marriage" .
What does this legal term mean? In simple words, it means your marriage has broken down completely. There's no reasonable hope that you and your spouse can continue as husband and wife. The court needs to be convinced that your marriage cannot be saved.
But how do you prove this? You can't just walk into court and say, "We don't love each other anymore." The law requires you to prove the irretrievable breakdown through specific facts.
You may also read :- 12 Weird Laws in Singapore That Left Me Shocked
The Five Facts to Prove Irretrievable Breakdown
There are five facts that can prove your marriage has irretrievably broken down. Let me explain each one in simple terms.
1. Adultery
Your spouse has committed adultery, and you find it intolerable to live with them .
Adultery means your spouse had voluntary sexual intercourse with someone else. But that's not enough alone. You must also prove that you find it unbearable to live with them because of this infidelity.
There's an important time limit to know. If you continue to live with your spouse for more than six months after discovering the adultery, you may lose the right to use this fact for your divorce .
Proving adultery can be challenging. You might need evidence like photographs, messages, or in some cases, hiring a private investigator . A confession from your spouse would be strong evidence, but this doesn't happen often.
2. Unreasonable Behavior
Your spouse has behaved so badly that you cannot reasonably be expected to live with them .
Unreasonable behavior is the most common ground used in Singapore divorces . The test is whether any reasonable person in your situation would find it difficult to continue living with their spouse.
What counts as unreasonable behavior? Here are some examples:
- Domestic violence or threats of violence
- Verbal abuse and constant insults
- Alcohol or drug abuse that leads to aggressive behavior
- Gambling addiction that depletes family finances
- Financial irresponsibility and failure to support the family
- Complete emotional neglect or disrespect
- Constantly coming home late without good reason
The court looks at the cumulative effect of these behaviors. This means even if single incidents seem minor, together they can form a pattern of unreasonable behavior.
3. Desertion
Your spouse has deserted you for a continuous period of at least two years .
Desertion means your spouse has abandoned you against your wishes. There are two parts to desertion:
- Physical separation: You've been living apart for at least two years
- Intention to desert: Your spouse intended to end the marriage throughout this time
If your spouse returns for brief periods (less than six months), the two-year period may still be considered continuous. But any cohabitation beyond six months would break the continuous period .
4. Separation for Three Years (With Consent)
You and your spouse have lived apart for at least three years, and your spouse agrees to the divorce .
This fact is often used in amicable divorces where both parties agree that the marriage has ended. The key points are:
- You must have been separated for three continuous years
- Your spouse must consent to the divorce
- You can be "living apart" even while under the same roof, if you no longer function as husband and wife
5. Separation for Four Years (Without Consent)
You and your spouse have lived apart for at least four years .
This is similar to the previous fact but with a longer separation period. The important difference is that you don't need your spouse's consent after four years of separation.
This option can be helpful when one spouse doesn't want the divorce. After four years of separation, the law recognizes that the marriage has effectively ended, regardless of one party's objections.
Here's a quick comparison of the five facts:
| Fact | Requirement | Consent Needed? |
|---|---|---|
| Adultery | Spouse committed adultery + you find it intolerable | No |
| Unreasonable Behavior | Spouse's behavior makes living together unreasonable | No |
| Desertion | Spouse deserted you for 2+ years | No |
| Separation | Lived apart for 3+ years | Yes |
| Separation | Lived apart for 4+ years | No |
New Option: Divorce by Mutual Agreement
Starting from July 2024, Singapore introduced a new fact: Divorce by Mutual Agreement (DMA) .
This no-fault option allows couples to jointly agree that their marriage has broken down without needing to prove adultery, unreasonable behavior, or lengthy separation periods.
For DMA, both spouses must file a written agreement stating:
- Why they believe the marriage has irretrievably broken down
- What efforts they made to reconcile
- Their proposed arrangements for children and financial matters
This new approach aims to reduce conflict and make the Singapore divorce process less adversarial for couples who mutually agree that their marriage has ended.
How to File For Divorce in Singaporepore: Step by Step
Overview of the Two-Stage Process
Understanding the Singapore divorce process can make it feel less intimidating. Let me break it down for you in simple steps.
All divorces in Singapore follow a two-stage process :
- Dissolution of marriage: The court decides if your marriage has irretrievably broken down
- Ancillary matters: The court deals with practical issues like children, money, and property
At the first stage, if the court is satisfied that your marriage has broken down, it grants an Interim Judgment. This is a temporary order that officially dissolves your marriage .
The second stage deals with all the practical arrangements. Once these are settled, and after a mandatory waiting period, the court grants the Final Judgment. This concludes the divorce process .
Simplified Track vs. Normal Track
The Singapore courts offer two different tracks for divorce, depending on your situation .
Simplified Track (Uncontested Divorce)
The simplified track is for couples who agree on all aspects of their divorce before filing papers . This includes agreement on:
- The fact used to prove irretrievable breakdown
- All ancillary matters (children, maintenance, property division)
This track is:
- Faster (typically 4-6 months)
- Less expensive (typically $1,500-$3,500 in legal fees)
- Less stressful for everyone involved
For the simplified track, you typically don't need to attend court hearings. The court will review your documents and issue the Interim Judgment without requiring your physical presence .
Normal Track (Contested Divorce)
The normal track is for couples who cannot agree on one or more issues before filing . This could be disagreement about:
- The reason for divorce
- Child custody arrangements
- Maintenance amounts
- Division of property
This track is:
- Slower (typically 12-18 months or longer)
- More expensive (typically $10,000-$35,000 or more in legal fees)
- More emotionally draining
The judiciary website clearly states that a normal track divorce "may take 12 to 18 months to conclude, is much more expensive compared to a simplified track, and comes at a great personal cost to everyone involved" .
Recomanded to read :- 10 Romantic Places in Singapore To Visit With Your Partner In 2023
What Are Ancillary Matters in Divorce?
Understanding Ancillary Matters
After the court grants the Interim Judgment, it moves to the second stage: dealing with ancillary matters . These are the practical issues that need to be resolved to conclude your divorce.
Ancillary matters include :
- Child custody, care and control, and access
- Maintenance for children and spouse
- Division of matrimonial assets
Think of ancillary matters as the "what happens next" after the marriage ends. These decisions have long-term impacts on your life and your children's lives, so they're very important.
Child-Related Arrangements
If you have children, their welfare becomes the court's top priority. The law focuses on the best interests of the child in all decisions.
Child Custody
There are different types of custody in Singapore:
- Joint custody: Both parents share responsibility for major decisions about the child's welfare
- Sole custody: One parent has the authority to make major decisions for the child
Most courts prefer joint custody because it allows both parents to remain involved in important decisions about their children's upbringing.
Care and Control
Care and control determines which parent the child lives with on a daily basis. This parent makes day-to-day decisions about the child's life .
Typically, courts grant care and control to one parent (often the mother) with reasonable access to the other parent. Access means visitation rights, which can be specified (e.g., weekends, holidays) or left as "reasonable access" to be agreed between parents.
Child Maintenance
Both parents have a legal duty to financially support their children. Child maintenance covers expenses like:
- Food, clothing, and shelter
- Education costs
- Medical and healthcare expenses
- Extracurricular activities
The amount depends on the child's needs and both parents' financial abilities. Child maintenance typically continues until the child turns 21 or becomes financially independent .
Financial Considerations
Spousal Maintenance
Spousal maintenance is financial support paid by one ex-spouse to the other. The court may order maintenance if there's a significant financial disparity between spouses.
When deciding spousal maintenance, the court considers :
- The income and earning capacity of both spouses
- The standard of living during the marriage
- The age and health of both spouses
- The contributions each spouse made to the family
- The length of the marriage
Spousal maintenance may be paid as a lump sum or regular payments. It may be for a specific period or indefinitely, depending on the circumstances.
Division of Matrimonial Assets
Matrimonial assets include property, money, and possessions acquired during the marriage. This typically includes :
- The family home (HDB flat or private property)
- CPF savings
- Bank accounts
- Investments
- Vehicles
- Insurance policies with cash value
The court divides matrimonial assets in a "just and equitable" manner . This doesn't always mean 50-50 division. The court considers various factors including:
- Financial contributions by each spouse
- Non-financial contributions (like homemaking and childcare)
- The needs of the children
- The length of the marriage
Special Considerations for Property
HDB Flats
The HDB flat is often the most significant asset for Singaporean couples. During divorce, you have several options for dealing with your HDB flat :
- Transfer to one spouse (if they meet HDB eligibility schemes)
- Sale in the open market with proceeds divided
- Surrender to HDB (if Minimum Occupation Period not met)
If you're keeping the flat, you'll need to meet HDB's eligibility conditions like the Single Singapore Citizen Scheme or Joint Singles Scheme.
CPF Savings
CPF savings accumulated during marriage are considered matrimonial assets . The court may order CPF transfers between spouses, but the money remains in CPF accounts—it cannot be withdrawn as cash until retirement conditions are met.
How Much Does Divorce Cost and How Long Does It Take?
Understanding Divorce Rate in Singapore
The cost of Singapore marriage law divorce varies significantly depending on your situation.
For uncontested divorces (simplified track), costs are relatively lower:
- Legal fees typically range from $1,200 to $3,500
- Court filing fees are approximately $56 for the application, plus small additional fees for children or property claims
For contested divorces (normal track), costs are substantially higher:
- Legal fees typically range from $4,500 to $35,000 or more
- Additional costs may include private investigators, mediation fees, and expert valuations
Some law firms offer package pricing for uncontested divorces. For example, one firm charges $1,490 for cases with no children, property, or maintenance issues, and $2,490 for cases that include these elements .
Divorce Timelines
How long your divorce takes depends mainly on whether it's contested or uncontested.
Uncontested divorces typically take:
- 4 to 6 months from start to finish
- Interim Judgment granted within 4-6 weeks of filing
- Mandatory 3-month waiting period before Final Judgment
Contested divorces typically take:
- 12 to 18 months or longer
- More complex cases can take several years
- Multiple court appearances and negotiations extend the timeline
Do You Need a Lawyer?
You can file for divorce without a lawyer in Singapore . This is called representing yourself ("in person").
However, most people benefit from legal representation because :
- Lawyers understand the complex procedures and paperwork
- They can negotiate better settlements
- They ensure your rights are protected
- They save you time and stress
If cost is a concern, you can explore:
- Limited representation: Hiring a lawyer only for specific tasks
- Legal aid: If you have limited income, you may qualify for legal assistance
- Pro bono services: Some lawyers offer free legal help
Many law firms offer free initial consultations . This allows you to understand your options before committing financially.
Frequently Asked Questions
What is the most common ground for divorce in Singapore?
Unreasonable behavior is the most commonly used ground for divorce in Singapore . It's often easier to prove than adultery and doesn't require a separation period.
Can I get divorced if my spouse doesn't agree?
Yes, you can still get divorced if your spouse doesn't agree. You would need to use facts that don't require consent, such as:
- Unreasonable behavior
- Adultery
- Desertion for 2 years
- Separation for 4 years (without consent)
How is the HDB flat divided during divorce?
The HDB flat is typically divided in one of these ways:
- Transfer to one spouse (if they meet HDB eligibility rules)
- Sale on the open market with proceeds divided
- Surrender to HDB if the Minimum Occupation Period hasn't been met
The division is based on what is "just and equitable" considering both spouses' contributions and needs.
Do I need to prove fault to get a divorce in Singapore?
Not always. While most traditional grounds require proving fault (like adultery or unreasonable behavior), there are no-fault options:
- Separation for 3 or 4 years
- Divorce by Mutual Agreement (available since July 2024)
What happens if we reconcile during the divorce process?
If you reconcile after filing but before Final Judgment, you can apply to discontinue your divorce application. If you've already obtained Interim Judgment but reconcile during the 3-month waiting period, you can apply to set aside the Judgment .
How is child custody determined?
Custody is determined based on the child's best interests. Courts consider factors like:
- The child's relationship with each parent
- Each parent's ability to provide care
- The child's wishes (if they're old enough)
- Stability and continuity in the child's life
Most courts prefer joint custody with care and control to one parent .
Can I date during the divorce process?
Technically yes, but it's generally not recommended. Dating during divorce proceedings could:
- Complicate negotiations, especially if using adultery as a ground
- Create additional conflict between you and your spouse
- Potentially affect child custody arrangements
It's usually better to wait until the divorce is finalized.