How to Divorce in Singapore

Divorcing in Singapore involves several critical steps and understanding the legal framework is crucial for a smooth process. The journey begins with the acknowledgment of the grounds for divorce, which in Singapore are governed by the Women’s Charter. There are two primary grounds: irretrievable breakdown of marriage and nullity of marriage. The process requires filing a petition in the Family Justice Courts, and both parties must address matters related to division of assets, custody of children, and maintenance. It is essential to grasp the detailed procedural aspects and legal requirements to navigate this process effectively.

Understanding the Grounds for Divorce

In Singapore, the grounds for divorce are specified under the Women’s Charter. The most common ground is the irretrievable breakdown of marriage, which must be proven through one of the following facts:

• Adultery: The petitioner must prove that the other spouse has committed adultery and that the petitioner finds it intolerable to continue living with the spouse.
• Unreasonable Behaviour: This involves demonstrating that the spouse has behaved in a way that makes it unreasonable for the petitioner to continue living with them.
• Desertion: The spouse must have deserted the petitioner for at least two years before the filing of the petition.
• Separation: The parties must have been living separately for a period of three years (if both parties consent) or four years (if one party does not consent).

Filing the Petition

The divorce process officially starts with the filing of a petition in the Family Justice Courts. The petition must be submitted with the appropriate forms and fees. The petitioner needs to provide detailed information regarding the grounds for divorce and any supporting evidence. The following steps are crucial:

• Prepare the Petition: Complete the divorce petition form, which outlines the grounds for divorce and the relief sought.
• File the Petition: Submit the petition to the Family Justice Courts along with the required documents and pay the filing fee.
• Serve the Petition: The petition must be served to the respondent (the other spouse), providing them with an opportunity to respond.

Respondent’s Response

Once served, the respondent has the right to file a defence or contest the petition. The response must be filed within a specified period, usually within 8 days. If the respondent agrees to the divorce and the terms proposed, the process can proceed more smoothly. If the respondent contests the petition, further proceedings will be required to resolve the issues.

Mediation and Settlement

Before proceeding to a final hearing, the court may require the parties to engage in mediation. Mediation is a process where a neutral third party helps the parties negotiate and reach an agreement on various issues, such as:

• Division of Assets: This involves determining how the couple’s assets and debts will be divided.
• Custody of Children: Arrangements must be made for the custody and care of any children involved.
• Maintenance: Agreements on financial support for either party or the children.

Final Hearing

If the parties are unable to reach an agreement through mediation, a final hearing will be scheduled. During this hearing, both parties present their cases before a judge. The judge will make a decision on the divorce and any related matters, including the division of assets, custody arrangements, and maintenance.

Obtaining a Divorce Decree

Once the court grants the divorce, a divorce decree will be issued. This decree is a legal document that finalizes the divorce and outlines the terms agreed upon by the parties or decided by the court.

Legal and Emotional Support

Navigating a divorce can be complex and emotionally challenging. It is advisable to seek legal counsel to guide you through the process and ensure that your rights are protected. Additionally, emotional support from friends, family, or a counselor can be beneficial during this time.

Conclusion

Divorcing in Singapore requires a clear understanding of the legal grounds, procedures, and necessary documentation. By following the outlined steps and seeking professional advice, you can navigate the process more effectively and achieve a resolution that addresses your needs and concerns.