A Guide to Divorce by Mutual Agreement (DMA) in Singapore – 1 July 2024 Legal Update

What is Divorce by Mutual Agreement?

Starting July 1 2024, couples in Singapore will be able to cite mutual agreement as a ground for divorce. Read this article to find out what you need to know about this new law.

The introduction of Divorce by Mutual Agreement under Section 95 of the Women’s Charter is a welcome and significant change in divorce law, designed to foster an amicable and collaborative process that reduces acrimony (particularly for children), helping families to move forward in a positive way through a no-fault approach.

It allows couples to initiate divorce proceedings without blaming each other for the breakdown of marriage. Both spouses must agree that their marriage is over and cannot be reconciled, leaving divorce as the only option to move forward with their individual lives.  

Six Grounds for Divorce in Singapore

Before the introduction of Divorce by Mutual Agreement, couples were only able to get a divorce with proof of the marriage’s irretrievably breakdown through one of the five grounds of:

• • Unreasonable Behavior

• • Adultery

• • Desertion of at least 2 years

• • Separation of at least 3 years with Consent

• • Separation of at least 4 years without Consent

These grounds often require proving fault or misconduct, which can heighten tensions and complicate negotiations during the divorce process.

• • Divorce by Mutual Agreement

However, the introduction of Divorce by Mutual Agreement will be the sixth ground for divorce in Singapore, where couples can apply for a divorce based on mutual consent rather than attributing fault to one party. This is particularly beneficial for married couples who agree and can demonstrate to the Court that their marriage has irretrievably broken down.

Benefits of Divorce by Mutual Agreement

Reduced Legal Fees & Court Involvement 

Traditionally, legal proceedings around divorce can be lengthy with extensive litigation required to establish fault or misconduct with one party. However, by allowing couples to agree mutually on the terms of dissolution without blame, it can potentially shorten the duration of legal proceedings, leading to more efficient process and reduced legal costs. Couples who have agreed on ancillary matters through private negotiations or mediation may request that the divorce proceedings be dealt with on a simplified hearing track.

Encourages Amicable Resolutions between Couples

Without the need to blame one party, divorce proceedings through Divorce by Mutual Agreement can potentially be less acrimonious, preserving functional relationships and reducing stress on all parties involved – spouses, and children alike. This allows spouses to move forward, creating space for them to focus on post-divorce arrangements, co-parenting and financial affairs.

Encourages Co-Parenting Through the Mandatory Co-Parenting Programme (CPP)

Divorce can have a significant emotional impact on children, often leading to considerable emotional distress. Couples divorcing under the Divorce by Mutual Agreement will undergo the Mandatory Co-Parenting Programme if they have a child below 21 years old, where they will receive support in understanding the impact of a divorce on their children and support in making informed decisions that prioritise the well-being of children in a one-on-one confidential setting with a counsellor, for up to 3 consultation sessions. This will better equip couples with the skills and knowledge needed to help their family adjust post-divorce. When the couple files for divorce, they would need to provide the court with a Parenting Plan.

 

 

Requirements of a Divorce by Mutual Agreement

To file for a divorce by mutual agreement, couples must meet the following criteria:

1. • Mutual Consent: Both parties must agree on the reason for the marriage breakdown, as well as all issues related to children and the division of assets.

1. • Minimum Marriage Duration: Couples must have been married for at least three years before filing for divorce.

1. • Residency Requirement: At least one spouse must be a Singapore citizen, or residing in Singapore for at least three years before filing for divorce.

1. • Necessary Documentation: Documents such as written settlement agreement, marriage certification and copies of NRICs or passports must be submitted.

Reasons for Parties to Conclude Marriage has Irretrievably Broken Down

Even with Divorce by Mutual Agreement, couples must explain the reasons leading them to conclude that the marriage had irretrievably broken down. For example, they might cite a loss of love and growing apart, deep-seated differences in values, cultural differences or constant arguing.

Efforts Made by Couple to Reconcile

Couples must also explain efforts they have taken to attempt to reconcile the marriage. For example, they may have attended marriage counselling sessions together, or have organised and participated in activities together. If the court believes that reconciling the relationship is possible, it may reject the application and redirect the spouses to marriage counselling. 

Care Arrangements of Children

Couples must also inform the court of their discussions about the division of matrimonial assets and care arrangements for children. If arrangements have been mutually agreed upon, precise details should be provided in their application. 

How a Lawyer Can Help 

Even when couples agree to pursue a Divorce by Mutual Agreement (DMA) and have settled all terms, having your own lawyer can be highly beneficial. Your lawyer plays a crucial role in ensuring that you understand your rights and fully grasp the implications of the settlement terms, particularly regarding asset division and childcare arrangements. Having legal guidance not only prevents oversights and misunderstandings, but also can help to prepare parties for any potential future contingencies to reduce the likelihood of needing to return to Court. This guidance not only prevents oversights and misunderstandings but also prepares parties for any potential future contingencies. 

Ultimately, engaging a lawyer can help you streamline the process, reducing stress while minimizing time and cost.  

Future of Divorce Proceedings in Singapore

Children are innocent parties involved in an unfortunate situation, and the Singapore Courts want to minimise children’s exposure to the pain and conflict that often accompany divorce. The government views Divorce by Mutual Agreement as a means for couples to take joint responsibility for their marriage outcomes, potentially leading to more amicable separations. This approach aims to reduce adversarial court proceedings, encouraging couples to work together on post-divorce arrangements, including co-parenting and financial affairs. 

The future of divorce in Singapore is evolving towards a more therapeutic and cooperative model. This holistic approach, championed by the Family Justice Court and envisioned by Justice Debbie Ong seeks to minimize acrimony and maximize cooperation between divorcing parties. The focus on co-parenting and providing children with a voice through court counselling and support schemes like the CPP is crucial in helping families adjust post-divorce. 

Frequently Asked Questions