Divorce & Family Proceedings

Usually you must have been married for at least three years, and one of you must be domiciled in Singapore or have lived here habitually for the three years before filing. You then show the court that the marriage has broken down irretrievably, using one of six recognised facts, one of which is mutual agreement.

In an uncontested divorce, both spouses agree to the divorce, and on the simplified track they also agree on every arrangement for children, maintenance and assets. In a contested divorce, the spouses disagree on the divorce itself or on some of those issues, and the court decides them.

Judicial separation is a court order that lets spouses live apart while staying legally married. Annulment declares that a marriage was void or is voidable, so the parties return to single status rather than becoming divorcees.

The court decides on the basis of what is best for the child, not which parent wants the child more. Usually both parents share custody, one parent has care and control, and the other has access, though other arrangements are possible.

If you have a child under 21, you will generally need to complete the Co-Parenting Programme before filing for divorce, and divorcing parents are generally required to attend mediation and counselling at the Family Justice Courts. Mediation is also available in other family cases and can save time and cost.

A wife or former wife can ask for maintenance, and so can a husband who cannot earn a living because of illness or disability. Both parents must maintain their children, usually until 21, and the court looks at needs, incomes and the family's standard of living.

The court divides matrimonial assets in proportions it considers just and equitable, which is not always 50:50. It looks at each spouse's financial and non-financial contributions, and for an HDB flat it must also work within HDB's own rules.

You can apply to the Family Justice Courts for a Personal Protection Order, which forbids a family member from committing family violence against you. If you are in immediate danger, call the police on 999 first.