Ultimate Guide To Divorce in Singapore

Grounds For Divorce In Singapore

There is one core ground for getting a divorce in Singapore, and that is defined as the ‘irretrievable breakdown' of the marriage. This can be proven by four common reasons. Before we share those, there are also two pre-conditions for divorce in Singapore that need to be met.

#1: To have been in the marriage for at least three years. Unless you can prove the except of hardship or unreasonable/cruel spouse treatment.

#2: One or more of the parties need to ve domiciled (have had Singapore as the permanent residence) when the divorce proceedings begin. If this isn’t the case, then one or both parties need to have been living in Singapore for three years prior to the divorce.

To demonstrate that the irretrievable marriage breakdown has occurred, one or more of the following reasons need to be proven.

• Adultery (if the one committing adultery does not admit to it, then there needs to be other proof).
• Unreasonable Behaviour (examples include violence, drug addiction, refusal to socialize, working too many hours, gambling).
• Desertation (one party has been continually away from the other for at least two years and has plans to continue to leave).
• Separation (living apart for three years or more, not due to necessity). There are many ways to prove separation, read more here.There is a proposed law to come into effect in 2023, where the divorce may be granted by mutual agreement between the two parties. Simply stating ‘irreconcilable differences’ alone is not a valid reason for a marriage breakdown to warrant a divorce in Singapore. You’ll need to prove that the marriage has reached this breakdown from one or more of the reasons we have mentioned.

Child Custody And Family Arrangements

For partners getting a divorce in Singapore that have children together, it’s important to understand how custody, childcare, financial maintenance payments work, as well as other family separation considerations.

Custody of the child/children when a divorce occurs will either be granted as sole or joint. Sole custody is rarer and usually occurs when the courts deem one spouse unfit to care for the child. The visitation rights will be settled upon by the courts, as well. In the majority of divorce cases in Singapore, joint custody is granted, with one main parent having the control/care of the child.

In the case that spouses are contesting child custody in Singapore, the courts consider the following:

• The present living arrangement of the child/children and whether disruptions to their stability will be created through the divorce
• The financial capabilities of each party
• Who the primary caregiver of the child/children has been in the marriage
• The child’s wishes.

Some judges may decide to get social welfare reports or request counseling sessions to investigate the status of each parent and their caregiving relationship to the child/children.

The authority lies within the Singapore judge to change any proposed custodial arrangements that may include frequency of visitation or child support amount. Learn more about child custody cases and laws here.

Singapore Divorce Financial Considerations

One of the most challenging aspects of a divorce is the financial agreement. In Singapore, the division of assets in a divorce relates to:

• Assets acquired during the marriage
• Those acquired before the married but used by the family/both parties
• Assets that were acquired before the marriage but improved upon by one or both parties during the marriage.

These can be assets such as cars, the home, shares, jewelry, cash savings, and more.

The discretion is to the Family Court to decide on how any assets that are contested are divided equally. The courts take into account the following considerations for the financial agreements:

• Income and earning capacity of each part
• Lifestyle and needs of each person
• Any other financial obligations or debts
• The size of the assets - the length of the marriage
• Whether children are involved and their needs
• Any prenuptial/postnuptial agreements made.

More info about how the courts divide matrimonial assets in Singapore can be found here.

How To Get A Divorce In Singapore

To start a divorce process in Singapore, there is a two-stage process to follow.

The first stage is where the court will decide whether the marriage is applicable to be ended. This will consist of the following steps:

• One spouse files the application to the court.
• Submit documents to court (statement of divorce, proposed/agreed parenting plan if children are involved, statement of particulars, proposed matrimonial property plan, and more).
• Then, there is a set procedure for how the other spouse responds to the document’s details.
• The court will examine all details and decide to go ahead with the divorce, or not.The second stage is the hearing of Ancillary Matters. This is where the court requires both parties to disclose more information about assets, liabilities, income, and expenditure. Three months from the date of the court’s judgment of these matters, the Final Judgement Order can be made.How long does it take to get divorced in Singapore? Divorces that go uncontested and remain more simple in details such as asset division and custody can happen within six months, up to a year. For more complex divorce cases in Singapore, this could be more than a year.How much does a divorce in Singapore cost?
  Divorce fees in Singapore generally cost anything from $1,500 to $3,500 for general divorce cases where both parties agree on all terms. However, the cost can rise to be in the range of $10,000 to even $35,000 for divorces that are contested and there is difficulty reaching agreements.For more information about divorce fees in Singapore, read this guide.

Find A Divorce Lawyer In Singapore

It can be a confusing process to undertake a divorce procedure without any legal support. There are many expert divorce lawyers in Singapore who handle general and complex divorce cases.

The following divorce lawyers in Singapore are well-recommended:

Our Full Guide is here!