What is the Divorce Process in Singapore?
In Singapore, divorce is a 2-stage process for both contested and uncontested divorces. The first stage is called dissolution of marriage, where the court will decide whether the marriage has irretrievably broken down. If it has, the court will grant an Interim Judgment to officially dissolve the marriage.
The second stage of the divorce is called the ancillary matters stage, where the court will decide how the parties’ affairs should be dealt with. Such affairs include spousal maintenance and child custody.
Parties can only apply to make the Interim Judgment final 3 months after receiving it, or upon settling all ancillary matters, whichever is later. The parties will then receive a Certificate of Final Judgment. This concludes all divorce proceedings.
In this article, “Plaintiff” refers to the spouse filing for divorce, and “Defendant” refers to the other spouse who is defending against the divorce.
Requirements for Getting a Divorce in Singapore
Eligibility for divorce in Singapore
In order to obtain a divorce in Singapore, either you or your spouse must meet the following eligibility requirements under sections 93 and 94 of the Women’s Charter:
- Be domiciled in Singapore at the point of the commencement of divorce proceedings OR habitually resident in Singapore for at least 3 years, before the commencement of divorce proceedings; AND
- Have been married for at least 3 years, unless the party filing for divorce has suffered exceptional hardship or exceptionally unreasonable and cruel behaviour
The above-mentioned requirements may not be applicable to you if you were married under Muslim law. Find out how to get a divorce under Muslim law here instead.
Irretrievable breakdown of marriage
Next, you must prove that the marriage has irretrievably broken down. This is the only legal ground for divorce.
There are a few ways of showing that your marriage had irretrievably broken down. These ways are found under section 95(3) of the Women’s Charter:
- Adultery: The Defendant has committed adultery and the Plaintiff finds it intolerable to live with the Defendant
- Unreasonable behaviour: The Defendant has behaved in such a way that the Plaintiff cannot reasonably be expected to live with the Defendant
- Desertion: The Defendant has deserted the Plaintiff for at least 2 years
- Separation: The parties have separated for at least 4 years (or 3 years if the Defendant consents to the divorce)
Read more about these facts for proving irretrievable breakdown of marriage in our other article.
Before Filing for Divorce in Singapore
If you and your spouse have at least one child under 21 years old, and are unable to agree on the legal ground for divorce and all ancillary matters, both of you will be required to attend a Mandatory Parenting Programme.
This programme is conducted by Divorce Support Specialist Agency counsellors and aims to help divorcing parents make informed decisions that prioritise their children’s needs and well-being. You may find out more about the Mandatory Parenting Programme in our other article.
Application Process for Divorce in Singapore
The following is a step-by-step infographic that summarises the eligibility requirements for getting a divorce, and the process of obtaining a divorce in Singapore. You may click on it to download it in a new tab.