A divorce application is a legal process to end a marriage. In Singapore, divorce applications are handled by the Family Courts and are governed by the Women’s Charter 1961. Under Singapore’s jurisdiction, there are two different tracks for filing a divorce application, determined by the level of agreement between the parties:
- If parties reach an agreement on the divorce before the application for divorce is filed, the divorce will proceed on a simplified track.
- If parties do not reach an agreement on the divorce before the application for divorce is filed, the divorce will proceed on a normal track.
This is in line with Part 2, Rule 8 of Family Justice (General) Rules 2024 which takes effect from 15 October 2024.
However, for filings that commenced before 15 October 2024:
- If parties agree on both the divorce and all ancillary matters before the divorce papers are filed, the divorce will proceed on a simplified track.
- If parties cannot agree on any of the matters related to the divorce before the divorce papers are filed, the divorce will proceed on a normal track.
Note: “Ancillary matters” refer to childcare arrangements (if applicable), maintenance (amount of financial support) and the division of matrimonial, in other words, marriage-related assets.
A normal track matrimonial divorce application can take 12 to 18 months. It is also significantly more costly than a simplified track application and imposes considerable personal strain on all parties involved. Therefore, for the greater good of all parties, especially children, an agreement on how to proceed with the divorce should be reached before going to court.
Requirements for getting a divorce in Singapore
Before applying for a divorce in the Family Courts, parties should:
- Understand the eligibility for divorce
- Understand the facts to rely on in support of a divorce
- Consider all ancillary matters relating to the divorce
Eligibility Criteria for Divorce
To apply for a divorce in the Family Courts, either party of the marriage must meet the following criteria:
- Be a Singapore citizen or have resided in Singapore continuously for at least 3 years immediately before filing the divorce application (Legal basis: Section 93(1)(b) of the Women’s Charter 1961).
- Have been married for a minimum of 3 years (Legal basis: Section 94(1) of the Women’s Charter 1961) (Note: Filing for divorce within 3 years of marriage requires special permission, referencing section 94(2) of the Women’s Charter 1961.)
- Be married under civil law (Note: If the applicant is married under Syariah law, divorce applications must be made in the Syariah Court instead.)
Grounds for Divorce
A divorce will only be granted if the court determines that the marriage has irretrievably broken down. To file for divorce, the applicant must demonstrate one or more of the following legal grounds to the court:
- Adultery, referencing Section 95A(1)(a) of the Women’s Charter 1961: Spouse has engaged in sexual relations with someone else, and the applicant can no longer tolerate living with them.
- Unreasonable behaviour, referencing Section 95A(1)(b) of the Women’s Charter 1961: Spouse has caused physical or mental harm, engaged in misconduct, or behaved in a way that makes it unreasonable for the applicant to continue living with them.
- Desertion (abandonment against the wish of the applicant, based on Section 92 of the Women’s Charter 1961): Spouse has left the applicant against their will for at least 2 years and entirely ended the marital bond, referencing Section 95A(1)(c) of the Women’s Charter 1961.
- Separation: The applicant and their spouse have been living separately for a continuous period of 3 or more years with mutual consent to a divorce, referencing Section 95A(1)(d) of the Women’s Charter 1961 or the applicant and their spouse have been living separately for a continuous period of 4 or more years, referencing Section 95A(1)(e) of the Women’s Charter 1961.
- Mutual agreement, referencing Section 95A(1)(f) of the Women’s Charter 1961: The applicant and their spouse agree that the marriage has irretrievably broken down.
Ancillary matters relating to the Divorce
- Children’s care arrangements
- Wife’s or incapacitated husband’s maintenance
- Assets distribution
- Costs of divorce proceedings
Step-by-step Application for Divorce (Simplified Track)
1. Eligibility and Preliminary Considerations
- Determine eligibility to file for divorce in the Family Courts.
- Identify grounds for divorce.
- Address ancillary issues related to the divorce.
2. Filing the Divorce Application
Applicant and Respondent: The person filing is the applicant (plaintiff), and the spouse is the respondent (defendant).
Documents Required for Filing:
- Originating Application for Divorce (Legal basis: Part 2, Rule 2 of the Family Justice (General) Rules 2024)
- Certificate of completion for the Mandatory Co-Parenting Programme (CPP) for the applicant and respondent (if any) (Legal basis: Section 94A(1) of the Women’s Charter 1961)
- The Respondent’s Consent to the Originating Application for Divorce (including consent to draft ancillary reliefs order, if any) (Legal basis: Part 2, Rule 8 of the Family Justice (General) Rules 2024)
- The Applicant’s Affidavit of Evidence in Chief (includes the request for a hearing date) (Legal basis: Part 2, Rule 7 of the Family Justice (General) Rules 2024)
- Draft Ancillary Reliefs Order (Legal basis: Part 2, Rule 8 of the Family Justice (General) Rules 2024)
- Affidavit of Split Care and Control
- Notice of Proceedings
3. Filing Method
- Self-Representation: File via litigation at the LawNet & CrimsonLogic Service Bureau or through the Divorce eService under the simplified track.
- Through a Lawyer: The lawyer files on behalf of the applicant.
4. Review and Court Notification
- After filing, the Family Courts will review the application.
- If the application is accepted, the court sends a Registrar’s Notice with the uncontested divorce hearing date (scheduled within 4 to 6 weeks).
- Applicant must serve the application on the respondent and file the affidavit of service within 14 days.
5. Cross-Application by Respondent
- If the respondent agrees to file a divorce as well, a cross-application must be submitted within 3 days from the originating application.
6. Uncontested Divorce Hearing
- The court arranges an uncontested hearing after the request for a trial or hearing date is submitted.
- Attendance is not required for the applicant, respondent, or their lawyers (if applicable).
- The court may grant an Interim Judgment if the marriage has irretrievably broken down.
- If both parties agree on ancillary matters, the court may record the agreement as a consent order.
7. Finalizing the Divorce
- Interim Judgment: If granted, the Interim Judgment confirms the divorce.
- Ancillary Matters: Parties must follow the consent order (e.g., property sale, maintenance).
- Final Judgment: Parties must wait 3 months from the Interim Judgment date or until all ancillary matters are resolved to extract the Final Judgment, which completes the divorce.
Step-by-step Application for Divorce (Normal Track)
1. Divorce Process Overview
If parties do not reach an agreement on the divorce before the application for divorce is filed, the divorce will proceed on a normal track. A matrimonial application for divorce on a normal track has 2 stages as follows: The first stage deals with the divorce and the second stage deals with ancillary matters.
2. Preparation Before Filing for Divorce
Before filing for divorce, the applicant should determine their eligibility, grounds for the case, and any related issues that need attention.
3. Commencement of Divorce Proceedings
Following that, divorce proceedings begin when the applicant files and serves the necessary documents on the respondent:
- Originating Application for Divorce
- Certificate of completion for the Mandatory Co-Parenting Programme (CPP): for the applicant (if any) (Legal basis: Section 94A(1))
- Notice of Proceedings (General)
If the respondent does not file a notice to contest, the court will give further directions to manage the divorce proceedings.
4. Trial and Hearing Process
The applicant will also be notified by the court to submit a Joint Triage Checklist. This checklist is an online questionnaire that helps the court better understand the family’s current situation.
The applicant must inform the court that their matrimonial application is ready for hearing by filing a request for a trial or hearing date.
After the case is set, the court will schedule a contested or uncontested divorce hearing based on the respondent’s reply. If the divorce is granted, the applicant will obtain the Interim Judgment (Section 99(1) of the Women’s Charter 1961). The court will also direct both parties to attend mediation and counselling at the Family Dispute Resolution Division if they have a child under 21.
5. Ancillary Matters Stage (Stage 2)
The second stage of the divorce process begins when the court schedules a case conference to address ancillary matters that the applicant and the respondent cannot agree on. After all required documents are filed, the case will move to an ancillary matters hearing. The applicant can appeal the court’s order to the Family Division within 14 days.
Conclusion
The divorce process in Singapore follows the Women’s Charter 1961 and is overseen by the Family Courts for fairness.
Eligibility, grounds for divorce, and ancillary matters such as child care, maintenance, and asset division are critical considerations before filing. The simplified track offers efficiency, while the normal track, though thorough, is longer and more demanding.
Understanding legal requirements and options helps parties make informed decisions for the best outcome.
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