Can You Divorce in Singapore? Understanding Your Eligibility and Options
If you are considering divorce, one of the first questions you may be asking is whether you are eligible to file for divorce in Singapore.
The answer depends on factors such as where you and your spouse live, how long you have been married, and whether the Singapore courts can hear your case.
This guide we explain the key requirements for divorce and some of the options available if you do not yet meet them.
Does the Singapore Court Have Jurisdiction Over Your Divorce?
To file for a divorce in Singapore, you must satisfy the following requirements:
Jurisdiction
: At least one party should either be:
- A Singaporean citizen,
- Domiciled in Singapore (which means treated Singapore as a permanent home) or
- Have resided in Singapore for at least 3 years immediately before starting the divorce proceedings.
Exceptions can be made in cases where the party filing for divorce has suffered exceptional hardship or the other party has shown exceptionally unreasonable behaviour.
Ground for getting a divorce
There is only one ground for getting a divorce that the marriage has irretrievably broken down.
Facts to prove “irretrievable breakdown”
In order to prove that your marriage has irretrievably broken down, you must show the court that you are relying on one or more of these following facts:
Adultery– Your spouse has committed adultery and you find it intolerable to live with him/her.
Unreasonable Behaviour– Your spouse has behaved in such a manner that you cannot reasonably be expected to live with them.
Desertion– Your spouse has left you against your wishes for a period of 2 years without any intention of returning.
Living Apart– You and your spouse have lived separately & apart or together but maintained separate households for 3 years with consent from your spouse to divorce or lived apart for 4 years (without the consent).
Mutual Agreement– You and your spouse both agree that the marriage has irretrievably broken down and have reached a mutual agreement on all key matters such as child custody, maintenance, and division of assets.
What If You Do Not Meet the Three-Year Marriage Requirement?
If you have not been married for three years, there may still be options available.
Divorce Based on Exceptional Hardship or Exceptional Depravity
The court may allow an earlier divorce application where exceptional circumstances exist.
Factors the court may consider include:
- The hardship already suffered by the applicant.
- The hardship likely to be suffered if the applicant must wait until the three-year period expires.
- Whether the conduct complained of goes beyond the ordinary difficulties encountered in a marriage.
Every case will depend on its own facts and circumstances.
Annulment of Marriage
In certain situations, an annulment may be available.
An annulment differs from a divorce. Rather than ending a valid marriage, it is a declaration that the marriage was void or voidable from the outset.
Whether an annulment is available will depend on the circumstances of the marriage.
Deed of Separation or Postnuptial Agreement
Some couples are not ready to divorce immediately but wish to formalise arrangements relating to finances, children, living arrangements, or other family matters.
In such situations, a Deed of Separation or Postnuptial Agreement may help provide clarity and structure while the parties consider their long-term options.
Judicial Separation
In some situations, a couple may wish to live separately without legally ending their marriage.
A Judicial Separation allows spouses to formalise arrangements relating to matters such as children, maintenance, and finances without obtaining a divorce. Unlike a divorce, the marriage remains legally valid and the parties continue to be legally married.
Judicial Separation may be considered where spouses have religious, personal, financial, or family-related reasons for not pursuing a divorce.
It may also be an option for couples who wish to live separately and resolve practical issues arising from the breakdown of the marriage while preserving their marital status.
For some individuals, Judicial Separation serves as an alternative to divorce. For others, it may provide an opportunity to create certainty and structure while they consider their long-term future.
Whether Judicial Separation is appropriate will depend on the specific circumstances of each case.
Can Foreigners Divorce in Singapore?
Yes, foreigners may be able to divorce in Singapore, provided the Singapore courts have jurisdiction over the marriage.
You do not need to be a Singapore citizen to commence divorce proceedings in Singapore. However, at least one spouse must satisfy one of the following requirements:
- Be domiciled in Singapore (that is, regard Singapore as their permanent home); or
- Have lived in Singapore for at least three years immediately before the divorce proceedings are commenced.
This means that expatriates, permanent residents, mixed-nationality couples, couples who were married overseas, and even individuals whose spouse now resides overseas may still be able to obtain a divorce in Singapore, provided the jurisdiction requirements are satisfied.
Whether the Singapore courts can hear your divorce will depend on the specific circumstances of your case. If you are unsure whether you meet the requirements, seeking legal advice may help you understand your options.
Considering Divorce but Unsure Where to Start?
Many individuals are not ready to proceed with a divorce immediately. They first want to understand whether they qualify, what options are available, and how divorce may affect their family and future.
At GJC Law, we assist individuals at various stages of the decision-making process. Whether you require a divorce consultation or wish to explore Ms Gloria James-Civetta’s divorce coaching services, our team can help you better understand your options and plan your next steps with confidence.
In a straightforward uncontested divorce, an Interim Judgment may be obtained in approximately 4 to 6 weeks after filing. A Final Judgment can generally be obtained at least 3 months after the Interim Judgment is granted.
Where there are disputes regarding children, finances, or assets, the divorce process may take several months or longer depending on the complexity of the issues and whether court intervention is required.
One spouse may commence divorce proceedings even if the other spouse does not agree to the divorce.
However, where there are disagreements regarding the divorce, children, maintenance, or the division of matrimonial assets, the matter may proceed as a contested divorce, which is generally more time-consuming and complex than an uncontested divorce.
Where reasonable attempts have been made to locate and personally serve the divorce documents on your spouse, the court may permit alternative methods of service, commonly referred to as substituted service.
Depending on the circumstances, this may include serving documents through email, social media, messaging applications, a relative, or other methods approved by the court.
Whether substituted service will be permitted will depend on the facts of the case and the efforts made to locate your spouse.
Yes.
A spouse living overseas does not automatically prevent divorce proceedings from being commenced in Singapore. Provided the Singapore courts have jurisdiction to hear the matter, it is common for divorce proceedings to involve spouses living in different countries.
Not necessarily.
In an uncontested divorce, the matter administrative in nature and the parties are not required to attend the uncontested divorce hearing.
Court attendance is more common where the divorce is contested or where issues relating to children, maintenance, or matrimonial assets remain unresolved.
Yes. However, arrangements relating to the children will need to be addressed. The court’s primary consideration will generally be the welfare of the child.
The division of assets will depend on the circumstances of the marriage, the assets involved, and the direct & indirect contributions made by each spouse.
Yes.
It is not uncommon for spouses to continue living under the same roof after the breakdown of their marriage due to financial, parenting, or housing reasons. However, they should generally be living separate lives rather than continuing to function as a married couple.
Before making any major decision, it is often helpful to understand your options, organise your finances, and consider how separation or divorce may affect your family and future.
Many individuals find it beneficial to read articles about the divorce process, understand the issues that commonly arise during divorce, and seek professional guidance such as divorce coaching or legal advice before deciding on their next steps.
Contact Our Divorce Lawyers
If you’d like to speak with one of our lawyers, we offer a complimentary 20-minute consultation to take you through the Singapore divorce process.
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