Introduction to Divorce by Mutual Agreement
On 1 July 2024, Singapore introduced the 6th divorce fact to its divorce laws, namely, “Divorce by Mutual Agreement“.
This change seeks to make the divorce process less contentious by allowing couples to end their marriage without assigning blame to either party for its breakdown. Unlike the traditional fault-based system where one spouse has to be held responsible for the marriage breakdown, no-fault divorce offers a less adversarial option.
How is Divorce by Mutual Agreement different from Normal Track Divorce?
| Aspect | Divorce by Mutual Agreement | Normal Track Divorce |
|---|---|---|
| Grounds for Divorce | No specific grounds needed; both parties agree the marriage has broken down irretrievably. | Requires proof of specific grounds (e.g., adultery, unreasonable behaviour, desertion). |
| Contention vs Cooperation | Both spouses cooperate, making it a more amicable process. | One spouse initiates, and the other may contest, leading to potential disputes. |
| Court Proceedings | Simplified, as both parties agree on the terms, resulting in fewer court hearings. | More complex, potentially involving multiple hearings to resolve contested issues. |
| Cost and Time Involved | Typically faster and less expensive due to fewer disputes and legal hurdles. | Can be longer and more expensive due to legal battles and contested issues. |
| Emotional Impact | Generally less stressful and confrontational, as both parties agree on the terms. | More emotionally taxing due to the adversarial nature of proving fault or contesting terms. |
| Asset Division & Custody | Often settled amicably with mutual agreement on the financials and children’s matters. | May involve disputes over the financials, or children ‘s issues, which require court intervention. |
| Legal Involvement | Less legal involvement needed, though legal advice is still recommended. | More legal representation is typically required to argue the case in court. |
Can we still file for divorce separately?
No, you can only file under the 6th divorce fact of Divorce by Mutual Agreement if the other party consents. Parties are required to provide their written agreement that the marriage has irretrievably broken down through Form 2C, which is enclosed in the court documents.
Will the divorce process be faster under Divorce by Mutual Agreement?
Yes, Divorce by Mutual Agreement is designed to speed up the divorce process since there is no need to establish fault at Stage 1 of the divorce process. Couples no longer have to gather evidence or endure lengthy hearings to establish blame, which can streamline court proceedings.
However, the time taken to conclude the divorce proceedings will still depend on how contested the ancillary matters such as the financials and/or the children’s issues are at Stage 2 of the divorce process.
Will divorce become less expensive?
Since there is no need to assign blame to either party at Stage 1 of the divorce proceedings, Divorce by Mutual Agreement could be less expensive. However, if the ancillary matters such as the financial matters or the children issues cannot be agreed upon by the parties at Stage 2 of the divorce proceedings, costs can still increase.
What are the benefits of Divorce by Mutual Agreement?
- Reduced Emotional Strain: With no blame assigned, the divorce process is likely to be less emotionally taxing.
- Less Conflict: The no-fault system encourages a cooperative approach to ending the marriage, focusing on practical matters rather than emotional grievances.
- Efficiency: Without the need to prove fault, divorces may be finalised quicker, leading to faster closure for both parties.
- A dignified way of parting ways: With both spouses taking joint responsibility for the breakdown of marriage, parties feel dignified in moving forward with their respective lives.
Will DMA make dividing assets easier?
It is hoped that Divorce by Mutual Agreement could simplify the process of asset division. Since couples do not have to assign blame to either party for the marriage breakdown, they can devote their efforts to reaching fair financial settlements and terms that are in the children’s best interests.
While the division of matrimonial assets will still be based on each party’s contribution to the marriage and their needs moving forward, the less adversarial nature of no-fault divorce could pave the way for more amicable negotiations.
Expert advice is still essential
While the introduction of the 6th divorce fact of Divorce by Mutual Agreement may simplify the process, it is crucial to seek legal advice to navigate the specifics of your case. Complexities around asset division, spousal maintenance, and child custody can still arise, making it important to consult with a lawyer who can guide you through the nuances of Singaporean divorce law.
At GJC Law, our experienced legal team is here to support you every step of the way. Whether it is negotiating a fair financial settlement, ensuring the best outcome for child-related matters, or offering compassionate guidance during this challenging time.
Our family lawyers can help you make informed decisions and navigate the legal process smoothly. Reach out to us for expert advice tailored to your situation.
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When you contact our matrimonial law team, we will provide you with a consultation, tailored to your specific circumstances and goals in mind.
