Deciding to divorce is never easy, and the legal steps involved can feel overwhelming in addition to the emotional considerations. In Singapore, divorce affects approximately 7,000 couples a year, making it a reality for many couples.
Divorce Statistics: Who, and Why?
The divorce rate in Singapore has remained largely stable at about 7,000 a year, with a low of 6,959 in 2020 and peaking at 7,890 in 2021. The average duration of marriage increased to 11.1 years in 2023, from 10.4 years in 2013 and 7.7 years in 2003. More women (62%) file for divorce as compared to men, with the top reason being “unreasonable behavior”. The top reason (52%) for divorce cited by men was separation.
Marriages in their 5th to 10th anniversary had the highest rate of divorce, and highest in remarriages by divorcees. The second highest rate of divorce occurred where one partner was a divorcee. Couples who had married for the first time had the lowest dissolution rates. Divorce rates were also highest in couples whose educational levels were “secondary” and below, and lowest in couples with university qualifications.
What is Divorce?
There are two main types of divorce: contested, and uncontested.
Briefly, a contested divorce is one where parties are not able to agree on a divorce settlement, whilst an uncontested divorce is one where both parties have reached an agreement on all aspects of the divorce.
However, in both types of divorces, parties must prove an irretrievable breakdown of marriage.
What Constitutes an Irretrievable Breakdown of Marriage?
To file for a divorce, couples must provide proof of the marriage’s irretrievable breakdown through any of the following grounds:
Unreasonable Behavior
One spouse has behaved in such a way that the other spouse cannot reasonably be expected to live with them. This can include a wide range of claims against the defendant spouse, such as various forms of misconduct, such as abuse, addiction, or neglect.
Under this requirement for divorce, common allegations are:
- Physical or Emotional Violence
- Financial Irresponsibility, such as credit card debts and loans
- Anti-social Behavior such as smoking, compulsive gambling, drug addiction, promiscuous lifestyle, alcoholism, and workaholic behavior
- Personality disorders such as Obsessive-Compulsive Disorder, Narcissistic Personality Disorder, Bipolar Disorder, and Schizoid Personality Disorder
Adultery
One spouse has committed adultery and the other spouse finds it intolerable to live with them.
When a spouse has been caught “cheating”, it means that the spouse is/was having a relationship with a third party, which is “adulterous” from a moral or religious perspective. However, adultery in law means having sexual intercourse with a person who is not one’s spouse.
The challenge for many plaintiffs looking to use this as a grounds for divorce is they do not have clear evidence of adultery, unless the spouse readily admits to it. Even with a verbal confession, it can easily be denied later.
It is common for suspicious spouses to use a private investigator to conduct surveillance on the other spouse to gather proof of adultery, as the Court has given judgment for a plaintiff based on strong circumstantial evidence. However, the evidence obtained in the form of video recordings or photographs must be scrutinised property to see if it would be of value in court.
Evidence by way of various forms of communication (such as text messages, emails) or social media posts can also be used as circumstantial evidence to prove adultery.
Desertion
One spouse has deserted the other for a continuous period of at least two years immediately before filing for divorce. Desertion must satisfy four requirements:
- The deserted spouse must not have consented to the separation.
- The deserting spouse must be capable of forming the intention to desert. For example, a wife who, as a result of mental illness, was under the impression that her husband was attempting to murder her and left, is incapable of forming the necessary intention to desert.
- There must be an absence of a reasonable cause for the separation to constitute desertion. The plaintiff (deserted spouse) should show that they have been living separately, and that the defendant (deserting spouse) has the intention to desert. This is usually shown by proving that the defendant spouse has no intention of returning.
- The spouse must form an intention to end the matrimonial union when he/she leaves. This intention need not necessarily be communicated.
Separation with Consent
The plaintiff has to satisfy the requirement that the spouses have lived separately continuously for a period of 3 years. The Court also requires the following details:
- Date which the plaintiff and defendant commenced their separation
- Reasons for both parties’ intention to commence separation
- Duration of the separation
- Residential address of each party during the period of separation
- If the parties have been living in separate households under the same roof for the period of the separation (i.e., in different rooms), to give details on how the parties have been living in separate households.
If the plaintiff has the consent of the defendant, the divorce application can proceed on the basis of living separately for three years, provided there are sufficient details to satisfy the Court of what has been explained above.
An amicable and common way to show the Court evidence of the above is through a written deed of separation signed by both spouses.
Separation without Consent
Similar to Separation with Consent, the same 5 requirements must be fulfilled. However, for a Separation without Consent, the minimum period of separation must be 4 years and above.
The plaintiff also does not need to get the defendant spouse’s consent to proceed with the divorce.
Divorce by Mutual Agreement
This is a new fact of Divorce that was introduced on 1 July 2024, where both parties agree that the marriage has irretrievably broken down.
The main requirements are:
- Both spouses agree with reasons for concluding that the marriage has irretrievably broken down;
- That the spouses have made efforts to reconcile;
- The considerations that have been given to post-divorce arrangements for their financial affairs and any children.
Read our full article HERE to find out more about Divorce by Mutual Agreement.
Requirements for Divorce
To file for a divorce in Singapore:
- Either spouse must be domiciled in Singapore or habitually resident in Singapore for at least 3 years before applying for the divorce.
- Parties must have been married for at least 3 years.
- A spouse may qualify to apply for divorce if he/she has suffered exceptional hardship or exceptionally unreasonable and cruel behavior.
Generally, Singapore citizens and Permanent Residents who have been married for at least 3 years would qualify. However, other Employment Pass (EP) or Work Pass holders who have been habitually resident in Singapore for at least three years will also qualify.
Preparing for Divorce
Uncontested Divorce
An uncontested divorce is one where a divorcing couple has reached a divorce settlement on all aspects of the divorce before applying to the Court for their divorce court order. This allows divorcing couples to avoid a prolonged court process, saving considerably on time and legal fees. The settlement would include all ancillary matters such as the division of matrimonial assets, and any child care & control matters.
Some couples are able to reach a settlement quite easily as they may have adult children, or may not have any jointly owned matrimonial assets to divide. For such couples, it is possible for them to “DIY” their divorce by having one spouse prepare all the divorce court papers and the other to sign in agreement for filing in court, without the need for lawyers. However, it is also not uncommon for one spouse to appoint a lawyer to prepare the divorce papers for the other spouse to sign, so they do not need to attend court hearings – the appointed lawyer will do so for them.
Frequently Asked Questions
How long does an uncontested divorce take?
Typically, uncontested divorces take about six months to complete from the filing of the first set of divorce court papers up to the completion, where the divorce Final Judgment is issued.
Must I appoint a lawyer for an uncontested divorce?
In theory, if you are able to reach a settlement with your spouse on all matters and communicate effectively, it is not compulsory to appoint a lawyer to prepare and file the papers. Each party is entitled to represent themselves.
However, based on our experience, couples often have significant differences of opinion over various matters. In such cases, couples will need to seek advice from their own lawyer to guide them with advice and negotiations to help them reach a divorce settlement. It would be a conflict of interest for one lawyer to act for both parties in a divorce, so each spouse would need to engage their own lawyer to represent them in such cases.
What are the benefits of having a lawyer for an uncontested divorce?
Lawyers may not be needed for simple cases where a couple has no children and few/no matrimonial assets to divide, especially if parties are able to work things out themselves if they are able to communicate effectively.
However, in cases where parties may be unsure of their rights, unable to communicate and negotiate a settlement, or where a party requires guidance on issues concerning children, monthly maintenance or division of matrimonial assets, it would be prudent to seek professional legal advice from a family lawyer with appropriate expertise. Having professional advice and guidance would help in avoiding costly mistakes, smoothen the process and minimise stress.
It is one thing to wish to have an uncontested divorce and another to achieve it. Sadly, some divorces set out being uncontested, and end up contested as the parties did not seek suitable advice or obtain help to reach a settlement.
For couples with many issues to resolve and hope to reach a settlement but need legal advice and guidance in negotiations, appointing a family lawyer with suitable experience will help to smoothen the process. This is sometimes known as a collaborative divorce approach.
Contested Divorce
When parties are unable to agree to a divorce settlement, the divorce is deemed contested. This may be the case where both parties actively disagree on all or some matters in the divorce, or even when one party is silent and refuses to respond.
Where both parties actively disagree, each party has to prove their case. If the spouse applying for the divorce is met with no response from the other spouse, they will have to proceed to prove their case in the absence of the other spouse.
In either case, the role of the Court is to make a decision based on the Women’s Charter that is fair and equitable for the division of matrimonial assets, and where there are children involved, the decision must be in the best interest of the children.
Frequently Asked Questions
How long does a contested divorce take?
The duration of a contested divorce can range greatly from one year to more than two years, and it is highly dependent on how parties conduct the case and the complexity of the matters, and whether there are appeals.
Much time will be spent on gathering evidence and witnesses and questioning the other party’s evidence and witnesses, preparing court documents, and the appointed lawyer attending a series of court hearings on the party’s behalf until the matter is concluded.
What if my spouse is not cooperating in the divorce process?
Without cooperation between the parties, every request may end up being made through a formal Court application, which adds to the time taken and legal fees.
Ancillary Matters in Divorce
In a divorce, couples will also have to discuss all ancillary matters for post-divorce arrangements regarding children, spousal maintenance and the division of matrimonial assets. In our experience, couples may be able to agree that they should get a divorce fairly easily, but struggle in coming to an agreement on what is fair when it comes to ancillary matters.
Children
If you are getting divorced and you have children, there are several things that you should take note of.
Child Care, Custody & Control
A common misconception is confusing custody with care and control. This is understandable as custody has a specific legal meaning, and is not used in the ordinary sense of the word or as seen in TV shows.
Custody of a child refers to the authority to exercise parental responsibility in making decisions for the child in major areas such as education, religion, and medical matters. In a joint custody order, it is crystal clear that both parents have parental responsibility over such important matters.
Care and control, and access orders relate largely to the practical day-to-day care and living arrangements for the children. Care and control responsibilities are given to the parent who the child or children of the marriage will live with after the divorce. They will have the day-to-day responsibilities of caring for them, including overseeing the child’s schooling needs, transport arrangements, daily routines, meals, and rest times.
In the case of young children, care and control is traditionally awarded solely to mothers due to the reasoning that it is generally in the welfare of the child to live with their mothers. Fathers who seek sole care and control of their child must be able to show how this would be best for the child, or obtain the mother’s consent. While there are fewer such cases, it is not impossible. You can read our article on Care and Control for Fathers HERE.
Access
Access is the term used in a Court order to allow access of the child to the parent who is not granted care and control. It is described in terms of time spent with the child and is usually worded in terms of reasonable access. This is done purposefully so that the nature of the access order is general and flexible, allowing parents to work out what is best for the children and most practical.
This is especially so when the access order is made while the child is in preschool and will eventually go to primary school, where routines will change.
We have observed cases where a parent may wish to set out a timetable to secure a fixed amount of time with the child during the access period. This could include having access during special occasions after the divorce, such as birthdays, Chinese New Year reunion dinners, public holidays, school holidays, and religious occasions. For some parents, they may also wish to have an access order that allows them to have the child accompany them for an overseas trip to the parent’s home country. These access terms must be agreed upon by both parties—otherwise, they will be contested and have to be heard by a district judge at the ancillary matters hearing.
In certain circumstances, the Courts may also grant supervised access orders to protect the child from potential physical or emotional abuse. Such orders may be made to assess the relationship between the child and the parent who was not granted custody. In cases where the parent may not have a close relationship with the child or needs counselling support to improve their relationship, the Court may also order supervised access if it would protect the child and facilitate the improvement of the relationship.
Maintenance
When speaking of financial support for a child or spouse, the term “alimony” is often used, but this is a term used in the USA. In Singapore and most Commonwealth countries, the correct term is maintenance.
Typically, a child’s maintenance is to be paid until the child turns 21 and is usually paid on a monthly basis. The disputes that often arise are the share each parent should pay, what the maintenance should cover, and what is a reasonable amount. The law defines a child as a child of marriage under the age of 21—meaning any order for custody or maintenance will automatically cease to apply after the child reaches that age.
However, there are exceptions where the Court has ordered maintenance extending beyond the age of 21. This is not uncommon where the child is male and serves National Service for 2 years, and then continues with tertiary university studies.
The Court also has the power to grant maintenance if there is proof that a parent has neglected or refused to provide reasonable maintenance for the child who is unable to maintain himself or herself, and order that parent to pay a monthly allowance or a lump sum for the maintenance of that child. The Court has wide powers to order a parent to pay child maintenance at any stage during matrimonial proceedings (such as before a divorce), or during or after the grant of divorce, judicial separation, or nullity of marriage.
Spousal Maintenance
A wife has the right to apply for wife’s maintenance before marriage or in divorce proceedings, which will only be payable until she remarries. Factors that affect the amount would be:
- Duration of the marriage
- Financial status of both the wife and the husband
- Standard of living enjoyed by both during the marriage
- Ages of the parties
Traditionally, the law in Singapore only required husband’s to pay the wife’s/ex-wife’s maintenance. This was changed in 2016, allowing a husband/ex-husband, to apply for maintenance as well if he is incapacitated by a physical or mental disability before or during the course of marriage, unable to earn a living as a result of the disability, and hence unable to support himself.
Similar to child maintenance, the Court has the power to order a husband to pay maintenance to his former wife, or order a woman to pay maintenance to her incapacitated former husband during any matrimonial proceedings. The Court has the discretion in ordering spousal maintenance to be paid either in a lump sum, or in periodic payments depending on the circumstances.
Typically, a lump sum payment is preferred as it upholds the clean break principle if the paying spouse can afford to, or if the division of matrimonial assets allows for. Monthly payment is often ordered as a matter of practicality.
Assets Distribution
In our experience, this aspect is the most hotly contested part of most divorces, next to children’s issues. Many inquiries actually begin with this instead of what to rely on to prove the irretrievable breakdown of marriage.
As with maintenance orders, the Court has the power to make orders for the division of matrimonial assets when granting, or after the grant of a judgment of divorce, judicial separation, or nullity of marriage, as the Court thinks is fair.
Matrimonial assets are any assets defined under the law as:
- Any assets acquired before the marriage by one party or both parties to the marriage
- Ordinarily used or enjoyed by both parties or one or more of their children while the parties are residing together for shelter/transportation or for household, education, recreational, social or aesthetic purposes
- Substantially improved during the marriage by the other party or by both parties to the marriage
- Any other asset of any nature acquired during the marriage by one or both parties to the marriage, but does not include any asset that has been acquired by one party at any time by gift or inheritance that has not been substantially improved during the marriage
This means that assets like a business or HDB flat that one spouse owned before marriage could be a matrimonial asset if the other spouse contributed to it, or was enjoyed by both and their children during the marriage. Other assets commonly deemed as matrimonial assets are the matrimonial home, CPF funds, bank account money, shares, insurance policies, investments, and businesses.
The Court will consider several factors in making an order for the division of matrimonial assets, including:
- Contributions made by each party in money, property, or work towards acquiring, improving, or maintaining the matrimonial assets
- Any debt owing by any party for their joint benefit, or the benefit of any child of marriage
- The needs of the children
- Contributions made by each party to the family, including indirect contributions and financial/non-financial contributions
- Prenuptial or postnuptial agreements entered into between the spouses
Frequently Asked Questions
What if my spouse is hiding assets?
For the court process to work, parties have a legal duty to the Court to provide full and frank disclosure of all assets that they have. If a party has evidence that the spouse has not made full disclosure, they may seek the help of the Court to ask questions about the hidden assets and ask for evidence to be produced in Court regarding those assets through discovery and interrogatories.
For example, in a case where a husband hid $4 million worth of assets, the wife was able to produce evidence of bank statements to prove it. Thus, the Court decided that the wife should be entitled to a proportion of those hidden assets, and also ordered the husband to receive a lower proportion of the known assets.
Divorce Procedure in Singapore
Broadly speaking, there are two stages to the divorce process. This is the same for both uncontested and contested divorces.
Stage 1: Interim Judgment
In the first stage of divorce, the Court will grant an Interim Judgment (IJ) if it is satisfied that the marriage has irretrievably broken down.
The divorce Interim Judgment makes an order for the marriage to be dissolved, but it does not deal with the ancillary matters, which include children, maintenance, and the division of matrimonial assets.
If the parties agree on the ancillary matters, the Court may record the agreement as a consent order. In this case, parties will need to ensure that they follow the terms of the consent order, which may include selling the HDB flat and ensuring that maintenance is paid as agreed.
Stage 2: Final Judgment
If the parties are unable to settle the ancillary matters after private negotiations or court mediation, they are required to proceed to the second stage of the divorce process for the court to make orders concerning all ancillary matters.
After the IJ has been granted in a divorce case, the Court will require the parties or their appointed lawyers to attend ancillary matters case conferences or pre-trial conferences.
Ancillary matters include children’s matters (including custody, care and control, access, maintenance), spousal maintenance, and division of matrimonial assets as detailed above.
