- In most cases you need to have been married for at least three years before you can file.
- One spouse must be domiciled in Singapore, or have been habitually resident here for the three years before filing.
- There is one ground for divorce: the marriage has broken down irretrievably. You prove it with one of six facts.
- Since 1 July 2024, couples can rely on mutual agreement instead of blaming either spouse.
- Parents of a child under 21 generally need to complete the Co-Parenting Programme before filing.
The three-year rule
As a general rule, a divorce application cannot be filed until three years have passed since the date of the marriage. The court can allow an earlier application only in rare cases, such as where staying in the marriage would cause exceptional hardship to the applicant, or where the other spouse's behaviour has been exceptionally depraved. These applications need strong evidence and are not often granted.
If you have been married for less than three years, there are other options to think about in the meantime, such as a deed of separation, judicial separation, or, in specific situations, annulment.
Your connection to Singapore
The Singapore courts can hear a divorce if either spouse is domiciled in Singapore when the case starts, or has been habitually resident in Singapore for the three years immediately before it starts. Singapore citizens are treated as domiciled here unless shown otherwise.
Where both spouses are foreigners, the question is usually whether one of you has made Singapore your settled home for a continuous three-year period. Long periods abroad, or stays tied only to a job posting, can make this less clear, so it is worth checking early.
The ground and the six facts
Singapore has a single ground for divorce: the marriage has broken down irretrievably. To show this, you rely on one of these facts:
- Adultery, and you find it intolerable to live with your spouse.
- Unreasonable behaviour, so that you cannot reasonably be expected to live with your spouse.
- Desertion for a continuous period of at least two years.
- Separation for at least three years, with your spouse's consent to the divorce.
- Separation for at least four years, without the need for consent.
- Mutual agreement that the marriage has broken down irretrievably (available from 1 July 2024).
Divorce by mutual agreement
This fact lets a couple end the marriage without one person having to blame the other. Both spouses must agree that the marriage is over, and both can take shared responsibility for why it ended.
The couple sets out, in writing, the reasons they believe the marriage cannot be saved, what they have done to try to reconcile, such as counselling, and the arrangements they have made or proposed for their children and finances. The court still decides. If it thinks reconciliation is reasonably possible, it can decline to accept the agreement and direct the couple to counselling or mediation instead.
The main stages
A divorce is started by filing an originating application with the Family Justice Courts, which then has to be served on the other spouse, generally within 14 days. Parents with a child under 21 will usually need to show they have completed the Co-Parenting Programme.
If the court is satisfied that the marriage has broken down, it grants an Interim Judgment. The marriage is not over yet at this point. The court then deals with the ancillary matters, meaning the children's arrangements, maintenance and the division of matrimonial assets. The Final Judgment, which formally ends the marriage, can be obtained three months after the Interim Judgment or once the ancillary matters are resolved, whichever is later.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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