Thinking about divorce is never easy—but if you’re considering it, it’s crucial to understand your legal standing. In Singapore, divorce isn’t just about falling out of love. You must legally prove that the marriage has broken down beyond repair. This is what’s referred to as the ground of divorce in Singapore.
This complete guide will help you understand what constitutes the ground for divorce, what facts the law accepts, and how you can navigate the legal process efficiently. Whether you’re going through a difficult separation or exploring your options, this guide is your starting point.
What is the Legal Ground of Divorce in Singapore?
The only legal ground of divorce in Singapore is the irretrievable breakdown of the marriage. The Family Justice Courts will not grant a divorce unless you can prove this breakdown through one of five specific facts.
This system ensures that divorces are not granted lightly and that there’s substantial justification for dissolving the marriage.
Five Accepted Facts That Prove the Ground of Divorce in Singapore
Let’s explore the five facts the court will accept as proof of an irretrievable breakdown of marriage.
1. Adultery
Adultery refers to one spouse voluntarily having sexual relations with another person outside the marriage. If this occurs and it becomes intolerable for you to continue living with your spouse, you may file for divorce.
How to prove adultery:
- Private investigator’s report
- Texts, photos, or videos
- Confession by the spouse
Adultery is emotionally devastating, and proving it can be difficult without help. Consulting a lawyer experienced in the ground of divorce in Singapore ensures that you present evidence correctly.
2. Unreasonable Behaviour
This is one of the most common facts cited in divorce proceedings. You must prove that your spouse has behaved so unreasonably that you cannot be expected to continue living with them.
Examples of unreasonable behaviour:
- Domestic violence or emotional abuse
- Alcoholism or substance addiction
- Neglect, infidelity, or lack of financial support
- Frequent verbal arguments or controlling conduct
To prove this ground of divorce in Singapore, it’s helpful to document specific incidents and any communication showing harmful or erratic behaviour.
3. Desertion
Desertion occurs when one spouse abandons the other without any justification and with the intention to end the relationship permanently. This desertion must last for at least two years.
Conditions to meet:
- Continuous desertion for 24 months
- No agreement to live apart
- No justifiable cause like abuse
You’ll need to present evidence such as lack of contact, financial withdrawal, or witness testimony to support this ground of divorce in Singapore.
4. Separation for Three Years (With Consent)
If you and your spouse have been living apart continuously for three years and both agree to the divorce, this is a valid fact to rely on.
What qualifies as separation:
- Living in separate homes
- Living under the same roof but leading completely separate lives
- No shared meals, chores, or marital relations
A mutual agreement and some form of documentation (text messages, written agreements, bills) will support this ground of divorce in Singapore.
5. Separation for Four Years (Without Consent)
If your spouse doesn’t consent to the divorce but you have been living separately for four continuous years, you can still proceed with the divorce.
Important criteria:
- No reconciliation during the four years
- No shared household duties
- Evidence of separate finances or living arrangements
This ground of divorce in Singapore is ideal for individuals whose spouses are uncooperative or uncontactable.
Eligibility Criteria to File for Divorce in Singapore
To rely on any ground of divorce in Singapore, you must also meet the following requirements:
- You must be married for at least three years unless you can prove exceptional hardship or cruelty.
- Either you or your spouse must:
- Be a Singapore Citizen, or
- Have lived in Singapore for the last three years, or
- Be domiciled in Singapore
Failing to meet these conditions could delay or invalidate your application.
Contested vs Uncontested Divorce: What’s the Difference?
The ground of divorce in Singapore will apply in both contested and uncontested cases:
- Uncontested Divorce: Both parties agree on the divorce and its terms (division of assets, custody, maintenance). Faster and less expensive.
- Contested Divorce: Disagreements arise over the facts or post-divorce arrangements. Requires court hearings and often legal representation.
Even in an uncontested case, proper documentation and legal drafting are crucial. It’s advisable to engage a divorce lawyer who can ensure your chosen ground of divorce in Singapore is valid and well-supported.
Common Questions About the Ground of Divorce in Singapore
Q: Is “irreconcilable differences” accepted as a ground?
No. Unlike in some countries, Singapore law does not recognize “irreconcilable differences.” You must rely on one of the five specific facts.
Q: Can I still file for divorce if I don’t know where my spouse is?
Yes, you can file based on desertion or four years of separation. Additional steps may be needed to notify the spouse through alternative means.
Q: Do I need a lawyer to file for divorce?
It is possible to file on your own, but navigating the legal process, especially proving the ground of divorce in Singapore, is much easier and more secure with a lawyer’s help.
Understanding the ground of divorce in Singapore is the first and most important step in dissolving your marriage legally and responsibly. Whether it’s adultery, desertion, separation, or unreasonable behaviour, proving that your marriage has irretrievably broken down is key.