Table of Contents
Introduction
Divorce is a significant life event that requires careful consideration and understanding of the legal process. This comprehensive guide will walk you through everything you need to know about getting divorced in Singapore.
Eligibility Requirements
To file for divorce in Singapore, you must meet these basic requirements:
- At least one party must be a Singapore citizen or have been resident in Singapore for at least 3 years
- The marriage must have lasted for at least 3 years, unless exceptional circumstances exist
- The marriage must be legally registered in Singapore or recognized under Singapore law
Grounds for Divorce
In Singapore, the sole ground for divorce is the "irretrievable breakdown of marriage." This must be proven through one of these facts:
Adultery
You must prove your spouse has committed adultery and you find it intolerable to live with them.
Unreasonable Behavior
Your spouse has behaved in such a way that you cannot reasonably be expected to live with them.
- Physical or emotional abuse
- Alcohol or drug addiction
- Financial irresponsibility
- Lack of support or neglect
Desertion
Your spouse has deserted you for at least 2 continuous years immediately preceding the divorce filing.
Separation
Two types of separation grounds:
- 3 years' separation with consent
- 4 years' separation without consent
The Divorce Process
Stage 1: Divorce Proceedings
- Filing of divorce papers
- Service of papers on spouse
- Response from spouse (contested or uncontested)
- Setting Down for Trial (if contested)
- Interim Judgment
Stage 2: Ancillary Matters
- Filing of Affidavit of Assets and Means
- Mediation and negotiation
- Hearing of ancillary matters
- Final orders on:
- Division of matrimonial assets
- Custody and access arrangements
- Maintenance orders
- Final Judgment
Costs and Timeline
Uncontested Divorce
- Duration: 4-5 months
- Cost: $1,500 - $3,500
- Simpler process
- Parties agree on all terms
Contested Divorce
- Duration: 6 months - 2 years
- Cost: $10,000 - $35,000
- More complex process
- Multiple court appearances
Children and Custody
The court's primary consideration is always the welfare of the child. There are several types of orders:
Custody
The right to make major decisions about the child's upbringing, including education, religion, and healthcare.
- Sole custody: One parent has decision-making rights
- Joint custody: Both parents share decision-making rights
Care and Control
Determines which parent the child lives with day-to-day and handles daily decisions.
Access
The right of the non-custodial parent to spend time with the child.
- Supervised access
- Unsupervised access
- Liberal access
Division of Assets
The court considers several factors when dividing matrimonial assets:
- Direct financial contributions to acquiring assets
- Indirect contributions (homemaking, childcare)
- Length of marriage
- Needs of children
- Agreements between parties
- Debts and liabilities
What Constitutes Matrimonial Assets?
- The matrimonial home
- Properties acquired during marriage
- Assets used by the family
- CPF savings accumulated during marriage
- Businesses built during marriage
- Investments and savings
Maintenance Orders
Spousal Maintenance
The court considers these factors when determining maintenance:
- Financial means and earning capacity of both parties
- Standard of living during marriage
- Age and health of both parties
- Duration of marriage
- Contributions to family welfare
Child Maintenance
Both parents are responsible for maintaining their children. Factors considered:
- Financial resources of both parents
- Child's educational and medical needs
- Standard of living before divorce
- Special needs or circumstances