Is Emotional Abuse Considered Unreasonable Behaviour Under Singapore Divorce Laws?
Divorce is often a difficult and emotional process, and understanding the legal grounds for divorce is crucial for those considering it in Singapore. One common ground for divorce is unreasonable behaviour. But what exactly qualifies as unreasonable behaviour, and can emotional abuse fall under this category? Let’s examine this question through the lens of Singapore’s legal framework for divorce.
Grounds for Divorce in Singapore
Under the Women’s Charter, the sole ground for divorce in Singapore is the irretrievable breakdown of the marriage. This breakdown must be proven using one of fivelegally recognized facts:
Adultery
Unreasonable behaviour
Desertion for at least two years
Separation for three years (with consent) or four years (without consent)
Both parties have lived separately for three years (with consent) or four years (without consent)
Divorce by mutual agreement
Of these, unreasonable behaviour is one of the most common grounds cited by individuals seeking a divorce.
What Is Unreasonable Behaviour?
To establish unreasonable behaviour, the petitioner must show that their spouse has acted in such a way that they cannot reasonably be expected to continue living with them. Traditionally, unreasonable behaviour has been associated with physical violence, infidelity, or chronic alcohol or drug abuse. However, the courts have also recognized a variety of non-physical actions that can make living with a spouse intolerable. This is where emotional abuse comes into the picture.
Emotional Abuse as Unreasonable Behaviour
In the context of Singapore divorce law, emotional abuse can indeed be considered a form of unreasonable behaviour. Emotional abuse may involve:
Constant belittling or humiliation: A spouse may subject the other party to degrading or demeaning comments that erode their self-esteem over time.
Manipulation and control: Emotional abuse often includes one party attempting to control the other through psychological means, such as isolating them from family and friends, or dictating their actions.
Gaslighting: This form of abuse involves making a person doubt their own reality, perceptions, or sanity, leading to confusion and distress.
Verbal abuse and threats: While there may not be physical violence, verbal abuse—constant criticism, insults, or threats—can create a toxic environment that affects the mental health of the victim.
Ghosting: being constantly ignored by the spouse and said spouse refuses to communicate with the other spouse.
While emotional abuse may not leave physical scars, its impact on the mental well-being of the victim can be severe. Courts in Singapore recognize that emotional and psychological trauma can be just as harmful as physical abuse, and such abuse can be sufficient grounds to justify divorce under the “unreasonable behaviour” fact.
Recent Case Law and Judicial Approach
There is no strict definition of what constitutes unreasonable behaviour under Singapore law, and the courts take a subjective approach. This means that what is unreasonable is judged based on the facts of each case and the impact on the petitioner. The key question is whether the petitioner finds it intolerable to live with the spouse because of the spouse’s behaviour.
In a case where emotional abuse is cited as unreasonable behaviour, the court will consider the specific instances of the alleged abuse and how they have affected the petitioner. It’s important to note that emotional abuse need not be severe or dramatic to qualify as unreasonable behaviour. Even a pattern of small, cumulative acts that undermine the emotional stability of the petitioner can be considered sufficient grounds for divorce.
Proving Emotional Abuse
Proving emotional abuse in a divorce case can be challenging because it often lacks the visible evidence that accompanies physical abuse. However, various types of evidence can be helpful in supporting claims of emotional abuse:
Testimonies: The petitioner’s personal account of the abuse is often the most critical piece of evidence. Descriptions of specific incidents, how they affected the petitioner, and how they contributed to the breakdown of the marriage are important.
Text messages, emails, or voice recordings: Any communication that reflects abusive language, threats, or manipulation can help substantiate claims.
Witnesses: Friends, family members, or colleagues who have witnessed the emotional abuse or its effects on the petitioner may provide supporting testimony.
Medical or psychological reports: In cases where the emotional abuse has led to mental health issues such as depression, anxiety, or trauma, reports from doctors or therapists may provide additional evidence.
Impact on Divorce Proceedings
If emotional abuse is successfully proven as unreasonable behaviour, the court may grant the divorce based on the irretrievable breakdown of the marriage. It is important to note that proving unreasonable behaviour (including emotional abuse) can have implications beyond just the divorce itself. For example:
Division of assets: In some cases, a party’s unreasonable behaviour may impact the court’s decision on how to divide matrimonial assets, although this is not guaranteed.
Custody of children: Emotional abuse of the petitioner or the children may affect decisions related to custody and access arrangements.
Conclusion
Yes, emotional abuse is considered unreasonable behaviour under Singapore divorce law. Courts have increasingly recognized the damaging effects of emotional and psychological abuse, and petitioners who experience such behaviour have the right to seek a divorce on this ground. Emotional abuse, though not always visible, can have devastating impacts on a person’s mental health, and Singapore’s legal system provides a pathway for victims to exit abusive marriages.
If you believe that you are experiencing emotional abuse and are considering divorce, it is crucial to seek professional legal advice. Our family lawyers can guide you through the process, helping you build a strong case and protect your rights throughout the proceedings. Contact our lawyers at 8780-2499.
