Before you think about getting a divorce, you may wish to consider
the possibility of reconciliation between you and your spouse. Going
through a divorce is not pleasant and the effect it may have on you and
your child can be traumatic.
Getting a Divorce
However, if you are certain you wish to proceed with a divorce, there
are several requirements which you will have to meet before a Court will
grant a divorce:
You must have been married for at least 3 years before you can file a
Writ for divorce on the ground that your marriage has broken down
irretrievably. However, and with permission from the Court, you may
proceed to file a Writ for divorce before 3 years of marriage if you can
prove that you have suffered exceptional hardship or if your spouse has
been exceptionally unreasonable and cruel. You are advised to consult a
lawyer.
You or your spouse must be domiciled (treated Singapore as your
permanent abode) at the commencement of the divorce proceedings.
Alternatively, either of you must have resided in Singapore for 3 years
immediately before the commencement of divorce proceedings.
What is 'Irretrievable Breakdown'
The Court will only be satisfied that your marriage has broken down
irretrievably if the Plaintiff (the person suing for divorce) proves one
or more of the following factual basis:
Adultery
The Defendant (the person being sued) has committed adultery with
another person (the Co-Defendant) and the Plaintiff finds it intolerable
to live with the Defendant.
'Unreasonable Behaviour'
The Defendant has behaved in such a way that the Plaintiff cannot
reasonably be expected to live with him/her.
Desertion
The Defendant has deserted or left the Plaintiff for a continuous
period of 2 years without any intention of returning.
Separation for 3 years
The Plaintiff and Defendant have lived apart for a continuous period
of at least 3 years and the Defendant agrees to a divorce.
Separation for 4 years
The Plaintiff and the Defendant have lived apart for a continuous
period of at least 4 years. No consent is required from the Defendant.
How to Seek a Divorce
See a lawyer for advice and assistance. You will be advised whether
you can file a Writ for divorce. The lawyer will then prepare the
necessary legal documents on your behalf.
In a divorce proceeding, the parties may apply for:
maintenance;
custody, care and control of children and access (such as visitation
rights); and
other ancillary matters (for example the division of matrimonial assets,
including the matrimonial home).
In deciding on the division of matrimonial assets, the Court will
take into consideration various factors including:
the extent of contributions made by each party in moneys, property or
work towards the acquiring of the assets and non-financial contributions made by
parties;
any debts owing by either party which were contracted for this joint
benefit; and
the needs of the minor children (if any) of the marriage. Please see
article on Custody and Maintenance for more information.
Please take note that you should organise all
the documents you have in support of your claim as these will have to be
shown to the Court. Documents may well include pay slips, CPF
statements, Income Tax assessments and documents relating to the
matrimonial home amongst others.
When You are Sued for Divorce
You will be served with the Writ for Divorce together with several
other Court documents. You should consult a lawyer if you are unsure as
to the implications and procedures.
If you wish to contest the divorce, you should state so in the
Memorandum of Appearance sent to you and then file a Defence and in some
instance, a Counterclaim. These documents have to be filed in Court and
served on the Plaintiff's lawyers.
Even if you do not wish to contest the divorce, you can still dispute
the Plaintiff's claims for custody and/or care and control/access,
matrimonial assets, maintenance and costs of the proceedings. If the
Plaintiff is your husband, you may wish to claim for maintenance as a
spouse.
You must comply with the legal procedures and the time limits
stipulated. The Writ for Divorce served on you states clearly the
procedure, which you have to follow. Please consult a lawyer for
assistance.
Hearing of the Divorce
If the divorce is not contested, both the Plaintiff and the Defendant
will be given a day to appear in Court. The Plaintiff will be required
to confirm the contents of the Statement of Claim and Statement of
Particulars.
If the divorce is contested, both the Plaintiff and the Defendant
will be required to appear in Court to give evidence to support their
claims. Such proceedings are usually lengthy and may prove to be
unpleasant. After hearing the evidence of the parties, the Judge will
decide on the disputes and claims of the parties.
Once the Judge is satisfied that there is an irretrievable breakdown
of the marriage, the Judge will grant an Interim Judgment (Divorce),
which is an interim divorce order.
An Interim Judgment will usually be made final after all questions
relating to custody and/or care and control/access, maintenance and
other ancillary matters have been settled. Generally, an Interim
Judgment will only be made final (or commonly known as the 'Final
Judgment') after 3 months from date of the Interim Judgment. Only when
the Certificate of Making Interim Judgment Final ('Final Judgment') has
been issued by the Court can either party marry again.
Judicial Separation
If you wish to live apart permanently but do not wish to commence
divorce proceedings for various reasons, then you may make an
application to Court for judicial separation.
A Judgment of Judicial Separation granted by the Court does not allow
you to remarry. Your marriage has not been dissolved. However, you would
be entitled to similar claims as in a divorce, e.g. custody, matrimonial
assets.
Nullity
You may apply to Court to annul your marriage in some circumstances,
for example:
if at the time of your marriage, your 'spouse' is already
married;
your "spouse" has refused to consummate the marriage;
the marriage has not been consummated because you or your
'spouse' is incapable of consummating it;
if at the time of your marriage, your 'spouse' is suffering from
venereal disease and you are not aware of this.
The above grounds are not exhaustive. Please consult a lawyer if you
require further information.
Deed of Separation
You may wish to be separated from your spouse for a period of time before you
decide on a divorce. In this case, you may sign an agreement called a Deed of
Separation which will set out the terms and conditions governing the
relationship between you and your spouse during the period of separation. It
would be advisable for you to consult a lawyer to draft the Deed of Separation.
You may decide to reconcile with your spouse after signing the Deed
of Separation. Alternatively, you may proceed with your divorce after 3
years (if your spouse consents) or 4 years (if your spouse does not of
separation).
Legal Aid Bureau
If you cannot afford a lawyer, you may apply to the government-run
Legal Aid Bureau for assistance. The Legal Aid Bureau is situated at:
45 Maxwell Road #08-12
The URA Centre, East Wing
Singapore 069118
Tel: (65) 1800 325 1424 (toll-free)
Fax: (65) 63251402
Website: www.lab.gov.sg
Please note that you have to pass a Means Test to qualify for
assistance from the Legal Aid Bureau. The Means Test is a procedure to
ascertain your financial position.
