In Singapore, divorce by mutual agreement is governed by the Women’s Charter 1961. Under section 95A(1)(f), in force since 1 July 2024, a marriage is treated as irretrievably broken down if both spouses agree in writing that it has, stating their reasons, their efforts to reconcile and the thought given to finances and children. The outcome depends on your specific facts, so please consult a qualified lawyer.
A mutual agreement divorce in Singapore does not require either spouse to blame the other, and it does not require you to live apart first. It also does not require every financial and parenting issue to be settled before filing. The court still decides whether to accept the agreement, and it will not do so if it considers that you might reasonably reconcile.
What changed on 1 July 2024
Singapore has one ground for divorce: the marriage has irretrievably broken down. Before 1 July 2024, a couple who both accepted that the marriage was over still had to prove it through one of five facts. Either one spouse pleaded the other’s adultery, behaviour or desertion, or the couple waited out three or four years of separation. The Women’s Charter (Amendment) Act 2022 added a sixth fact, mutual agreement, so that a couple can now prove the breakdown by agreeing on it.
Who can file for divorce by mutual agreement in Singapore
- Both spouses must agree that the marriage has irretrievably broken down, and both sign the written agreement. If your spouse will not sign, DMA is not available and you need one of the other facts. See what to do if your spouse refuses to sign divorce papers.
- Three years of marriage. No divorce application can be filed until three years after the date of marriage, unless the court gives permission on the ground of exceptional hardship or exceptional depravity (section 94).
- A connection to Singapore. One spouse must be domiciled in Singapore, or have been habitually resident here for the three years before filing (section 93).
- A civil marriage. Muslim marriages are dealt with by the Syariah Court.
There is no minimum period of separation. You can file while still living in the same home.
What the written agreement must state under section 95A(6)
The agreement is made in Form 2C of the Family Justice Courts Practice Directions 2024 (“Agreement that Marriage Has Irretrievably Broken Down”) and filed with the divorce application. Section 95A(6)(a) requires it to state three things.
1. Your reasons for concluding that the marriage has broken down
A bare statement that you no longer wish to be married does not give the court reasons. Explain how the marriage reached this point: for example, years of living separate lives, a fundamental disagreement about relocating, or a breakdown in communication that has not recovered. You do not need to assign blame.
2. The efforts you have made to reconcile
Describe what you actually tried and why it did not change the outcome, such as marriage counselling, a family support programme, guidance from a religious or community leader, or a period living apart. This part matters because the court must reject the agreement if it thinks reconciliation is still reasonably possible.
3. The consideration you have given to finances and children
The statute asks what thought you have given to “the arrangements to be made in relation to their financial affairs and any child of the marriage”. It does not require you to have agreed those arrangements. Set out what you have discussed, what you have agreed and what remains open.
When the court will not accept a divorce by mutual agreement
Signing the agreement does not guarantee a divorce. The court:
- must not accept the agreement if it considers, in all the circumstances, that there remains a reasonable possibility that you might reconcile (section 95A(6)(c));
- must consider what the agreement says when deciding whether to direct reconciliation, mediation, counselling or family support programmes under Part 10A of the Women’s Charter (section 95A(6)(b)); and
- must be satisfied that a divorce is just and reasonable, having regard to the conduct of the parties and how a divorce would affect them and any child (section 95(2)(c)). If it is not satisfied, it must dismiss the application (section 95(3)).
A specific, honest account of your reasons and your attempts to reconcile is what allows the court to be satisfied on these points.
Do you have to agree on everything first?
No. DMA requires agreement that the marriage has broken down, not agreement on the ancillary matters: the children’s arrangements, maintenance and the division of matrimonial assets.
For filings from 15 October 2024, a divorce proceeds on the simplified track where the spouses agree on the divorce, whether they have agreed all, some or none of the ancillary matters. Agreed terms go into a draft ancillary reliefs order (Form 8) filed with the application. Anything you have not agreed is decided by the court after Interim Judgment, and the Final Judgment waits until those issues are resolved.
Choosing DMA therefore does not by itself make a divorce quick. What shortens it is settling the ancillary matters before you file. For how the court divides assets, see our guide to dividing matrimonial assets in Singapore; for the children, see child custody in Singapore.
Divorce by mutual agreement, the simplified track and no-fault divorce in Singapore
These terms are sometimes used as if they meant the same thing. They do not.
| Term | What it is |
|---|---|
| Divorce by mutual agreement | One of the six facts that prove a marriage has broken down (section 95A(1)(f)) |
| Simplified track | The court procedure used where the spouses agree on the divorce before filing |
| No-fault divorce | An everyday label, not a legal term in the Women’s Charter |
Is DMA a no-fault divorce? In substance, yes. It is the only fact under which neither spouse pleads the other’s conduct and no period of desertion or separation has to pass. The two separation facts also involve no blame, but they need three or four years of living apart.
Is DMA the same as the simplified track? No. DMA is the reason the law allows the divorce; the simplified track is how the court processes it. A DMA filing meets the condition for the simplified track because both spouses agree on the divorce. The steps, documents and court fees are set out in our guide to uncontested divorce in Singapore.
DMA or another fact: choosing the right route
| Fact | Blame alleged? | Time requirement | Suited to |
|---|---|---|---|
| Adultery | Yes | None | One spouse will not agree, and the adultery can be proved |
| Unreasonable behaviour | Yes | None | One spouse will not agree, and the conduct can be proved |
| Desertion | Yes | 2 years continuous | A clear, continuous desertion |
| Separation with consent | No | 3 years living apart | Couples who already live apart and both consent |
| Separation without consent | No | 4 years living apart | Long separation where the other spouse will not consent |
| Mutual agreement | No | None, beyond the 3-year marriage rule | Couples who both accept that the marriage is over |
A couple who has already lived apart for three years and both consent can rely on separation instead, which does not need the written agreement on reasons and reconciliation. Which fact fits depends on how long you have lived apart, whether your spouse will sign, and what each of you is prepared to put in writing. Our divorce lawyers in Singapore can review your facts before you choose.
Advantages and risks of DMA
Advantages
- No allegations against either spouse, which matters if you will co-parent for years.
- No separation period, so you can file once the three-year marriage rule is met.
- The reasons are written and signed by both of you, rather than set out by one spouse against the other.
Risks
- The court can reject the agreement if it thinks reconciliation is still possible, or direct counselling or mediation first.
- Agreeing on the divorce is not agreeing on the finances or the children. Disputes on those continue after Interim Judgment and add time and cost.
- Both signatures are needed. If your spouse withdraws before filing, you will need another fact.
Cost and timeline
On the simplified track, the court filing fee is $56, plus $7 each for claims involving minor children and an HDB flat (as at September 2026). Legal fees depend on how much is agreed. The Family Justice Courts state that a simplified track divorce may take about 4 months to conclude; where ancillary matters are still in dispute, the Final Judgment waits until they are resolved.
Frequently asked questions
Is a “mutual divorce” in Singapore the same as DMA?
“Mutual divorce” is an everyday phrase. The legal route it describes is divorce by mutual agreement under section 95A(1)(f), which needs a written agreement signed by both spouses. A divorce on three years’ separation with consent is also mutual in a loose sense, but it relies on a different fact.
Can one spouse file for DMA alone?
One spouse files the divorce application, but the written agreement must be signed by both. Without your spouse’s signature, you cannot rely on mutual agreement.
Do we have to attend court?
For the uncontested divorce hearing on the simplified track, the Family Justice Courts state that the parties and their lawyers do not need to attend.
Can we file for divorce by mutual agreement without a lawyer?
Yes. The Family Justice Courts state that you do not need a lawyer. Advice is useful where there are children under 21, an HDB flat, CPF monies or a spouse living overseas, because the agreement and any consent order are hard to undo. See do you need a lawyer for divorce in Singapore.
Sources
- Women’s Charter 1961, sections 94, 95 and 95A
- Family Justice Courts: understand the requirements for getting a divorce
- Family Justice Courts: how to file on the simplified track
- Family Justice Courts Practice Directions 2024, Part 27 (Form 2C)
For the full court process from filing to Final Judgment, see our guide to the divorce process in Singapore.
If you are Muslim, the Administration of Muslim Law Act (AMLA) and the Syariah Court apply. This article covers civil divorce under the Women’s Charter only.
This article is for general information only and does not constitute legal advice. Please consult a qualified lawyer for advice on your specific situation.