Divorce is a major life decision, and understanding the legal process can help manage expectations and navigate the path more confidently. In Singapore, divorce proceedings are managed by the Family Justice Courts, which aim to resolve cases with fairness and efficiency. The process is structured to balance each spouse’s rights and responsibilities, and ensure that the welfare of any children involved is protected.
Legal Grounds for Divorce
In Singapore, the only legal ground for divorce is the “irretrievable breakdown of the marriage.” To prove this, one spouse (the “plaintiff”) must demonstrate one of six legally accepted facts. These facts are:
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- Adultery: The plaintiff must prove that the other spouse has committed adultery, which has made continuing the marriage intolerable.
- Unreasonable Behavior: The defendant’s behavior is deemed so unreasonable that the plaintiff cannot reasonably be expected to continue the marriage.
- Desertion: The defendant has deserted the plaintiff for a continuous period of at least two years.
- Separation for Three Years (with Consent): The couple has lived apart for at least three years, and both parties consent to the divorce.
- Separation for Four Years (without Consent): The couple has lived apart for at least four years, in which case consent from the other spouse is not required.
- Mutual Agreement – The couple has agreed that the marriage has broken down and there is no chance of reconciliation.
In all cases, the couple must have been married for at least three years before initiating divorce proceedings, except under specific circumstances where severe hardship or abuse is demonstrated.
Stages of the Divorce Process
The divorce process in Singapore consists of two main stages: the dissolution of the marriage and the ancillary matters stage. Each stage involves different procedures and considerations.
1. Dissolution of the Marriage
The first stage focuses on determining whether the marriage should end based on the irretrievable breakdown of the marriage. This stage can either be uncontested or contested.
Uncontested Divorce
An uncontested divorce occurs when both parties agree on the grounds for divorce and all related matters. This process is typically faster and less costly since it avoids prolonged court proceedings. Once the couple agrees to the terms, they submit the necessary documents to the Family Justice Courts for approval.
Contested Divorce
In a contested divorce, the spouses disagree on the grounds for divorce or on the ancillary matters, leading to a need for the court to step in. The process may require multiple hearings and mediation sessions, which can make it lengthy and expensive.
2. Ancillary Matters
After the court grants an Interim Judgment for the dissolution of marriage, it will address ancillary matters, which include child custody, division of assets, and spousal maintenance.
Child Custody, Care, and Control
The primary consideration in child custody matters is the welfare and best interests of the child. Custody determines which parent has the legal authority to make major decisions for the child, while “care and control” refers to the day-to-day care and living arrangements for the child.
In Singapore, common custody arrangements include:
Joint Custody: Both parents retain equal responsibility for major decisions in the child’s life.
Sole Custody: One parent has exclusive authority over the child’s major decisions.
Hybrid or Split Custody: Arrangements where specific decisions are shared or split between parents based on mutual agreement or court orders.
In most cases, the courts lean toward joint custody, which allows both parents to remain involved in the child’s upbringing, unless it is proven to be against the child’s welfare.
Division of Matrimonial Assets
The Family Justice Courts are responsible for dividing matrimonial assets based on principles of “just and equitable” distribution. Matrimonial assets generally include all property acquired by either or both parties during the marriage, as well as property used for the family’s benefit, regardless of when it was acquired.
Factors considered in asset division include:
- Each party’s direct and indirect contributions to the marriage
- The needs and interests of any children involved
- The length of the marriage
- Each party’s economic status and future needs
Spousal and Child Maintenance
In Singapore, the law requires a spouse to financially support the other spouse and any children from the marriage. Maintenance considerations apply to both husbands and wives, though maintenance claims by husbands are rare. Child maintenance, however, is required regardless of custody arrangements, as both parents have a responsibility to support their children financially.The court assesses the following factors for maintenance
- The financial needs and income of the applicant
- The applicant’s ability to work and their expected earning capacity
- The standard of living enjoyed during the marriage
- Each party’s age, health, and ability to meet their financial needs
Maintenance payments can be ordered in a lump sum or as monthly installments. Additionally, the courts have the power to revise maintenance orders if there is a significant change in either party’s financial circumstances.
Alternative Dispute Resolution in Divorce Cases
To reduce the emotional and financial burden on families, Singapore’s Family Justice Courts encourage couples to explore Alternative Dispute Resolution (ADR) methods, such as mediation and counseling.
Mediation
Mediation aims to help both parties reach a mutually agreeable resolution for disputes regarding children, assets, or maintenance. The Family Dispute Resolution Division (FDRD) of the Family Justice Courts provides mediation services conducted by court-trained mediators who facilitate constructive communication between the spouses. Successful mediation can reduce the need for court intervention, saving time and costs.
Counseling
The Family Justice Courts also provide counseling services to help couples handle emotional challenges and, in some cases, reconsider the decision to divorce. Counseling sessions focus on understanding each party’s concerns and the potential impact on children. Couples are encouraged to work toward amicable solutions or improve communication, which can help them co-parent effectively after the divorce.
Filing for Divorce: Step-by-Step Process
For those pursuing divorce, understanding the specific procedural steps is crucial. Here’s a simplified breakdown of the more important steps:
1. Filing the Writ of Summons and Statement of Claim
The divorce process officially begins when the plaintiff files a “Writ of Summons” and a “Statement of Claim” with the Family Justice Courts. The Writ of Summons indicates the plaintiff’s intention to divorce, while the Statement of Claim outlines the grounds for divorce and includes details about any children, property, and other relevant factors.
2. Service of Documents to the Defendant
After filing, the plaintiff must serve the documents to the defendant (the other spouse). If the defendant is in Singapore, they must be served personally. If they are overseas, the documents can be served through specific channels as stipulated by Singaporean law.
3. Defendant’s Response
The defendant has a set period (usually eight days) to acknowledge receipt of the divorce papers and state whether they intend to contest the divorce. If contested, the court schedules a Case Management Conference (CMC) to address the issues and determine whether mediation could help resolve disagreements.
4. Hearing and Issuance of Interim Judgment
If the case proceeds to a hearing, the court reviews evidence and arguments before making a decision. If the court is satisfied with the evidence that the marriage has broken down, it issues an Interim Judgment, effectively granting the divorce but delaying its finalization until ancillary matters are settled.
5. Ancillary Matters Hearing
The court schedules a separate hearing for ancillary matters, where both parties or their respective lawyers present their cases regarding children, assets, and maintenance. If agreements are reached through mediation or other means, the court formalizes them. Otherwise, the judge issues a ruling based on the presented evidence.
6. Final Judgment
After resolving ancillary matters, the court grants a Final Judgment, officially ending the marriage. This needs to be at least three months after the Interim Judgment, marking the formal end of the divorce process.
Navigating Post-Divorce Life
Divorce marks the start of a new chapter, and adapting to life afterward is key. Adjusting to co-parenting responsibilities, managing finances independently, and navigating future relationships all require a proactive approach and potentially support networks. Many people find it beneficial to seek counseling or join support groups to ease the transition and create a strong foundation for their new beginning.
In Singapore, the legal framework supports fair and equitable treatment of both spouses while prioritizing the welfare of children. Understanding the process, making use of available resources, and seeking professional guidance can help individuals navigate each stage confidently and prepare for a fulfilling post-divorce life.
Jacque Law (Divorce) is dedicated to supporting clients throughout this journey, offering comprehensive resources, professional counsel, and compassionate support tailored to each unique case. Our goal is to help clients understand the process fully, make informed decisions, and move forward with confidence and peace of mind.