- Either spouse must be domiciled in Singapore, or habitually resident here for the 3 years immediately before filing.
- Foreigners, including work pass holders, can rely on 3 years' habitual residence.
- The 3-year marriage rule and the usual facts for divorce still apply.
- The court can divide assets in or outside Singapore, but enforcing orders abroad depends on foreign law.
The jurisdiction test
A Singapore court can hear a divorce if, when the case starts, either spouse:
- is domiciled in Singapore; or
- has been habitually resident in Singapore for a period of 3 years immediately before filing
Only one spouse needs to meet one of these tests. Domicile is a technical legal concept, so if you plan to rely on it, take advice on whether your circumstances meet it.
For foreigners, the 3-year habitual residence route is the one most often used. Permanent residents and people living here on work or student passes can rely on it. Whether residence is habitual and continuous depends on the facts: long periods abroad, or residence that has been on and off or tied to short postings, can make it harder to show. Keep records of your addresses and time in Singapore.
The other requirements still apply
Meeting the jurisdiction test is only the first step. The usual rules still apply: you must generally have been married for at least 3 years (unless exceptional hardship or depravity is shown), and you must prove the marriage has irretrievably broken down using one of the six facts, including divorce by mutual agreement. See our guide on how divorce works in Singapore.
Marriages solemnised under Muslim law are dealt with by the Syariah Court rather than the Family Justice Courts.
Assets in more than one country
When dividing matrimonial assets, a Singapore court can take into account assets both in Singapore and abroad. Making an order work over foreign property, especially land, depends on the law of the country where it is. Prenuptial or postnuptial agreements, including ones made overseas, are not automatically binding in Singapore; the court decides how much weight to give them.
Children
The child's welfare is the paramount consideration here too. Where a child has lived in several countries, which court should decide arrangements for the child can itself be disputed. Taking a child out of Singapore without the other parent's consent or the court's approval can lead to urgent court proceedings, and the Hague Convention on international child abduction may apply.
Proceedings in two countries
If one spouse files in Singapore and the other files abroad, the courts may have to decide which country is the more appropriate place for the case, and one set of proceedings may be put on hold. Parallel cases add cost and uncertainty, so advice early on is worthwhile.
A divorce already granted abroad is not automatically recognised in Singapore. Recognition generally depends on whether the foreign court had proper jurisdiction and whether the proceedings were fair. Likewise, a Singapore order may not be easy to enforce overseas.
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.
All divorce & family guides
