Going through a divorce is never easy, and when you’re a foreigner in Singapore, the process can feel even more overwhelming. Between legal requirements, asset division, and child custody matters, it’s essential to understand your rights and options. Therefore, this article is for you if you are a foreigner considering divorce in Singapore as this article offer you a practical guide to help you navigate the process more smoothly.
1. Can Foreigners Divorce in Singapore?
Yes, foreigners can file for divorce in Singapore, but they must meet specific legal requirements before the courts will hear their case. The Singapore Family Justice Courts will only have jurisdiction over a divorce if at least one of the following conditions is satisfied:
- Either spouse is domiciled in Singapore at the time of filing the divorce paper, meaning they consider Singapore their permanent home; or
- Either spouse has been a resident in Singapore for at least three continuous years before filing for divorce. Therefore, if either spouse is a permanent resident or Singapore citizen, this would fulfil the requirement.
If neither of these conditions is met, the Singapore courts may not have the authority to process the divorce, and the parties involved might have to pursue legal proceedings in their home country (where they are based) instead. This can add complexity to the divorce, as different jurisdictions have varying laws regarding asset division, child custody, and maintenance.
For foreigners who have been living in Singapore temporarily—such as expatriates on work passes or individuals who have recently relocated—it is especially important to clarify jurisdictional eligibility before proceeding. If there are doubts about whether Singapore is the right place to file for divorce, consulting an experienced family lawyer is highly recommended. A legal expert can assess your situation, advise on the best course of action, and help you determine whether filing in Singapore or another jurisdiction would be more appropriate for your circumstances.
2. Grounds for Divorce in Singapore
Singapore now accepts no-fault divorce, while previously it was necessary to prove wrongdoing or assign blame to the other party to initiate a divorce. The legally recognised ground for divorce is the irretrievable breakdown of the marriage, and this may be demonstrated through one of the following legally accepted facts, which serve as evidence that the marriage can no longer be sustained:
- Adultery: If your spouse has committed adultery and you find it intolerable to continue living with them, you may use this as grounds for divorce. Adultery refers to voluntary sexual relations between a married person and someone who is not their spouse. However, proving adultery can be challenging, as the court requires clear and compelling evidence—such as the use of private investigator reports or witness statements—to substantiate the claim. If direct evidence is not available, proceeding under the fact of unreasonable behavior may be a more viable option.
- Unreasonable Behavior: This is one of the most commonly used facts for divorce in Singapore. It applies when one spouse has behaved in such a way that the other finds it impossible to continue the marriage. Unreasonable behavior can take many forms, including: domestic violence (physical, emotional, or verbal abuse); substance abuse (alcohol or drug addiction affecting the marriage); financial irresponsibility – reckless spending, excessive gambling, or refusal to provide financial support; emotional neglect – lack of communication, affection, or intimacy and/or controlling or manipulative behavior – extreme jealousy, monitoring movements, or isolation from friends and family. To succeed on this fact, the petitioner must demonstrate that the behavior is serious enough to make the continuation of the marriage unreasonable.
- Desertion: If your spouse has abandoned you for a continuous period of at least two years, without any intention of returning, you may file for divorce on the basis of desertion. Desertion differs from separation in that it is one-sided—meaning that one spouse has intentionally left without the other’s agreement or consent. There must be evidence that the deserting spouse has cut off all ties and has no intention of resuming the marriage.
- Separation for Three Years (With Consent): If you and your spouse have lived apart for at least three years, and both parties mutually agree to the divorce, this can serve as a fact for dissolution of marriage. Separation does not necessarily mean living in different homes; in some cases, the couple may remain under the same roof but lead completely separate lives, such as having no shared activities, financial interdependence, or no marital relations. If both spouses are in agreement, this is a straightforward way to obtain a divorce.
- Separation for Four Years (Without Consent): If your spouse does not agree to the divorce, you can still proceed with the application after four years of separation. Unlike the three-year requirement, this does not require mutual consent—meaning that as long as you have been living apart for the required period, the court will recognize the irretrievable breakdown of the marriage and grant the divorce.
- Mutual Agreement: If both spouses mutually agree (no fault divorce) that their marriage has irretrievably broken down and there is no possibility of reconciliation, they may apply for a divorce together. This is generally the least contentious and most amicable way to end a marriage, as both parties acknowledge the relationship has come to an end. A mutual divorce often leads to smoother negotiations regarding financial settlements, child custody, and asset division, reducing the emotional and financial burden on both individuals.
3. Division of Assets and Financial Settlements
One of the most significant concerns in a divorce is how assets will be divided. Under the Women’s Charter, the court will ensure a just and equitable division based on factors such as:
- The financial contributions made by each party to the marriage.
- The non-financial contributions, such as homemaking and childcare responsibilities.
- The welfare and needs of any children involved.
- The length of the marriage and each party’s future earning capacity.
Assets that may be divided include properties (such as HDB flats, private condominiums, or overseas properties), bank savings, investments, and even CPF contributions.
4. Child Custody and Maintenance
If you have children, the court will prioritize their well-being when deciding on custody, care, and access arrangements. There are three main types of custody orders:
- Sole Custody: One parent has full decision-making rights over the child.
- Joint Custody: Both parents share major decision-making responsibilities.
- Split Custody: Different children are placed under the custody of different parents.
In most cases, joint custody is encouraged, as the courts believe both parents should be involved in a child’s upbringing. However, care and control (where the child primarily resides) may be awarded to only one parent, with the other receiving visitation/access rights.
Child and Spousal Maintenance
The court may also order child maintenance, requiring one or both parents to provide financial support for their child’s upbringing. Spousal maintenance may also be awarded, particularly if one party is not employed and/or financially disadvantaged.
5. Jurisdiction and Cross-Border Divorce Considerations
If you and your spouse are from different countries, your divorce may have cross-border legal implications. Issues such as recognition of the Singapore divorce decree in another country, enforcement of maintenance orders, and international custody disputes can arise. This is why seeking legal assistance is essential.
6. Why Legal Representation matters
Given the complexities of divorce, particularly for foreigners, engaging a qualified family lawyer can make a significant difference. A lawyer can help you:
- Determine whether Singapore courts have jurisdiction over your case.
- Negotiate fair financial settlements and custody arrangements.
- Ensure that your rights and interests are protected throughout the process.
For expert legal guidance on foreigners divorcing in Singapore, consider reaching out to Jacque Law. Their experienced team can help you navigate the process with confidence and clarity.
