- You generally need to have been married for at least 3 years before filing.
- One spouse must be domiciled in Singapore, or habitually resident here for the 3 years before filing.
- There is one ground, irretrievable breakdown, proved by one of six facts. Divorce by mutual agreement was added on 1 July 2024.
- The court first grants an interim judgment, then deals with ancillary matters. The final judgment comes at least 3 months after the interim judgment.
Who can file
Civil divorces are governed by the Women's Charter and heard by the Family Justice Courts. Marriages solemnised under Muslim law go to the Syariah Court instead.
Two conditions usually apply before you can file:
- Length of marriage: you must generally have been married for at least 3 years. The court can allow an earlier filing only in rare cases of exceptional hardship to the person applying or exceptional depravity by the other spouse, and strong evidence is needed.
- Connection to Singapore: at least one spouse must be domiciled in Singapore when the case starts, or have been habitually resident here for the 3 years immediately before filing.
If you have not reached 3 years, alternatives such as a deed of separation or judicial separation may be worth discussing with a lawyer.
The ground and the six facts
The only ground for divorce is that the marriage has irretrievably broken down. You show this by relying on one of six facts:
- adultery
- unreasonable behaviour
- desertion for a continuous period of at least 2 years
- living apart for at least 3 years, with the other spouse's consent
- living apart for at least 4 years, without consent
- divorce by mutual agreement (from 1 July 2024)
Divorce by mutual agreement
Divorce by mutual agreement lets a couple end the marriage without either of them being blamed. Both spouses must agree that the marriage has broken down, and together they must tell the court why they reached that view, what they have done to try to reconcile, and what they propose for the children and for their finances.
It is not automatic. The court can refuse the agreement if it thinks reconciliation is reasonably possible, and the 3-year rule still applies.
Stage one: ending the marriage
The case starts when one spouse (or both, for divorce by mutual agreement) files the divorce papers. Parents with a child under 21 must complete the Co-Parenting Programme before filing (see our guide on mediation and counselling).
If the other spouse does not contest, the court deals with the case on the papers. If it is contested, the court decides at a hearing whether the marriage has broken down. Either way, if the court is satisfied, it grants an interim judgment.
Stage two: the ancillary matters
The interim judgment does not end the marriage yet. The court must also deal with the ancillary matters: arrangements for the children, maintenance for a spouse and children, and division of the matrimonial assets, including the home. Spouses can agree these terms, often with the help of mediation. If they can't, each files sworn statements of their assets and means, and a judge decides at an ancillary matters hearing.
The final judgment
The final judgment is what formally ends the marriage. It can be obtained no earlier than 3 months after the interim judgment, and only once the ancillary matters have been decided or agreed. Until then, neither spouse can remarry.
How long the whole process takes depends mainly on how much the spouses agree on. A fully agreed divorce is much quicker than one where the divorce itself or the ancillary matters are contested.
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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