Divorce is often an emotionally charged and legally challenging process. If you are considering divorce in Singapore, it is crucial to understand the prerequisites and grounds for filing. Consulting a skilled divorce lawyer in Singapore can help you navigate this complex journey with clarity and confidence.
In Singapore, the only legal ground for divorce is the irretrievable breakdown of marriage, as stipulated in Section 95 of the Women’s Charter. This article will provide a comprehensive overview of the prerequisites and legal facts needed to prove this breakdown.
What Are the Prerequisites for Getting a Divorce in Singapore?
Duration of Marriage
To be eligible to file for divorce in Singapore, couples must have been married for at least three years. However, there are exceptions where an earlier divorce may be permitted:
- If the spouse can prove exceptional hardship, or
- If the spouse can provide evidence of cruelty or unreasonable behavior by their partner.
These cases are rare and require substantial evidence. Consulting a divorce lawyer in Singapore is essential for building a strong case if you fall into this category.
Residency
To file for divorce in Singapore, either spouse must meet one of the following residency requirements:
- Be a Singapore citizen, or
- Have been domiciled in Singapore (treated it as their permanent home), or
- Have resided in Singapore for at least three years immediately before filing for divorce.
Failing to meet these criteria will disqualify the couple from filing for divorce in Singapore.
Proving an Irretrievable Breakdown of Marriage
The sole ground for divorce in Singapore is an irretrievable breakdown of marriage. This must be substantiated with one or more of the following legal facts:
Adultery
Adultery refers to voluntary sexual intercourse between a married person and someone who is not their spouse.
- Evidence Required: Proving adultery can be challenging. Evidence may include:
- Photographs
- Text messages, emails, or other communications
- DNA evidence of a child conceived outside the marriage
- Hiring a private investigator may be necessary to gather solid evidence.
Adultery as a ground for divorce often requires an explicit admission from the offending spouse.
Unreasonable Behavior
Unreasonable behavior occurs when one spouse’s actions make it impossible for the other to continue living with them. Examples include:
- Domestic violence or physical abuse
- Verbal abuse or humiliation
- Refusal to engage in intimacy
- Financial neglect or failure to contribute to household expenses
- Addiction to gambling or drugs
- Controlling or manipulative behavior
For uncontested divorces, you may not need to prove unreasonable behavior in court if both parties agree on the terms of the divorce.
Separation of Three Years (With Consent)
If both spouses agree to the divorce, separation for three years is a valid ground. Separation involves living apart with the intent to lead separate lives. Couples can still live under the same roof but must show they maintain separate households, such as by sleeping in different rooms and managing separate finances.
Separation of Four Years (Without Consent)
If one spouse does not agree to the divorce, the other can proceed after four years of separation. In this case, consent from the spouse is not required.
Desertion of Two Years
Desertion occurs when one spouse leaves the marriage without the other’s consent and with no intention of returning. To rely on this ground, you must prove:
- Physical separation: The deserting spouse has lived away for at least two years.
- Intention to desert: The spouse has explicitly or implicitly abandoned the marriage.
Mutually Agreeing to a Divorce
Recent amendments to the Women’s Charter allow couples to mutually agree to divorce by submitting a written statement detailing:
- The reasons for the irretrievable breakdown of the marriage.
- Efforts made to reconcile.
- Arrangements for child custody, spousal maintenance, and division of matrimonial assets.
The court retains discretion to evaluate whether reconciliation is possible and may reject the application if they believe the marriage can still be salvaged.
Conclusion About Grounds for Divorce in Singapore
Divorce in Singapore requires careful consideration of both the legal prerequisites and the grounds for filing. Proving an irretrievable breakdown of marriage is mandatory, and the process can be emotionally draining. Engaging a knowledgeable divorce lawyer in Singapore is the best way to ensure your interests are protected and the process runs smoothly.