The Ultimate Guide to Divorce in Singapore: Everything You Need to Know
Divorce In Singapore Introduction
Are you considering divorce in Singapore? Understanding the process is essential for a smooth transition. Under the Women’s Charter 1961 (the statute that governs divorces in Singapore), a divorce that legally ends a marriage progresses through two stages. First, the Interim Judgment of Divorce marks the end of initial proceedings. Ancillary matters are then addressed, culminating in the issuance of a Certificate of Final Judgment. To qualify for divorce, you must meet specific eligibility criteria outlined in the Women’s Charter. This includes a marriage duration of over three (3) years and residency requirements. Seeking legal counsel is crucial for navigating this process effectively. For expert guidance, consider consulting a reputable divorce lawyer in Singapore.
1. Understanding the Process
2-Stage Process for Divorce in Singapore
Divorce in Singapore follows a 2-stage process, with the irretrievable breakdown of marriage as the sole ground. This breakdown can manifest through unreasonable behavior, adultery, or extended separation.
Legal Grounds
Unreasonable Behavior: This includes actions that make it intolerable for spouses to continue living together. It can encompass a range of behaviors, from physical abuse to financial neglect.
Adultery: One spouse’s extramarital affair can serve as grounds for divorce if it causes irreparable damage to the marriage.
Duration of Separation
Contrary to common belief, a three-year separation period is not mandatory for divorce. The emphasis lies on demonstrating the irretrievable breakdown of the marriage, rather than a specific duration of separation.
2. Filing for Divorce
Initiating the Process
Either spouse can file for divorce, and it doesn’t necessarily impact the outcome. However, the party filing for divorce bears the responsibility of proving the grounds for irretrievable breakdown.
Contesting the Divorce
Spouses who disagree with the divorce or ancillary terms can contest the proceedings. This may involve presenting evidence to support their stance or negotiating alternative arrangements.
3. Court Proceedings
Appearance in Court
While court appearances are common in contested divorces, they’re not always necessary for uncontested or simplified divorces.
4. Special Circumstances
Divorce by Mutual Agreement (DMA)
Under DMA, spouses can agree to divorce without assigning blame. This streamlined process is ideal for amicable separations.
Spouse’s Absence or Refusal
In cases where a spouse cannot be located or refuses to consent to divorce, alternative measures may be pursued, such as substituted service or mediation.
5. Legal Implications
Impact on Asset Division and Child Custody
Factors like adultery or unreasonable behavior can influence the court’s decisions regarding asset division and child custody. However, the primary focus remains on the welfare of any children involved.
6. Duration and Cost
Length of Process
The duration of the divorce process varies depending on factors such as complexity, cooperation between spouses, and court schedules.
Estimated Costs
Costs associated with divorce include legal fees, court charges, and ancillary expenses like counseling or mediation. These can add up, but seeking clarity on fees upfront can help manage expectations. Read more
7. Additional Considerations
Requirements for Divorce in Singapore
Understanding the specific requirements for divorce, including eligibility criteria and documentation, is essential for a smooth process.
Finding the Right Lawyer
Seeking legal assistance from a qualified divorce lawyer in Singapore is advisable for navigating the complexities of divorce proceedings.
Filing for Divorce in Singapore Without a Lawyer
While legal representation is recommended, some individuals may choose to file for divorce without a lawyer in Singapore.
Conclusion
Navigating divorce in Singapore involves understanding legal grounds, procedural requirements, and potential implications. While online resources like those provided by YY Lee & Associates LLC offer valuable insights, seeking personalized legal advice is advisable for addressing individual circumstances effectively. If you need further advice, speak to one of our specialist divorce lawyers at YY Lee & Associates LLC at +6587802499, especially if your spouse is not cooperative and may contest the divorce.
FAQs
What are the grounds for divorce?
As the Women’s Charter requires, you must prove that the marriage has irretrievably broken down.
How do I start the divorce process?
Start talking terms with your spouse if you can communicate with them about your intentions to divorce.
– If you are close to settlement, you will need a lawyer to prepare the divorce papers.
– If you cannot communicate or discuss things with your spouse, fret not, our divorce lawyers can guide you on the necessary steps.
When can I commence divorce?
If you have been married for over three years, have a reason for the breakdown of the marriage, and have satisfied the jurisdiction requirements, you can file for divorce in Singapore immediately. Our friendly and dedicated team of divorce lawyers are here to support you throughout any difficulties and challenges you may face during the divorce process.
How long is the divorce process?
The legal process of ending a marriage in Singapore usually takes 5-6 months, providing that it is an uncontested divorce. However, the process can take much longer if spouses cannot agree on finances or childcare arrangements.
How do I gather concrete evidence?
You may want to seek professional help from a Private Investigator (PI) or consider filing for divorce on the grounds of unreasonable behavior with
improper association, instead of adultery. But beware, private investigator charges can be higher than the cost of the divorce itself.
Our experienced Singapore divorce lawyers can help you explore alternative grounds to base the divorce proceedings.
Is there a time limit on filing for divorce based on adultery?
Upon discovering adultery and continuing to live with one’s spouse for more than six months, the aggrieved party cannot claim divorce based on adultery.
What if I am only married for a short time?
You cannot apply for a divorce in Singapore if you have been married for less than three years unless you have the Court’s permission to do so. This means you need to take out a separate court application prior to commencing Singapore divorce proceedings.
At YY Lee & Associates LLC , we have a team of highly experienced divorce lawyers who are happy to help you with any of your queries or concerns in regards to nullity applications.
Will I be eligible to file for divorce?
To get a divorce in Singapore, the applicant must satisfy 3 requirements.
1. You must have been married for a minimum of 3 years unless it can be proven that the party filing for divorce has suffered exceptional hardship or the spouse has been exceptionally unreasonable and cruel.
2. The second requirement is that either party must (1) be a Singapore Citizen or Permanent Resident (PR), (2) have been domiciled in Singapore at the beginning of the divorce process, or (3) have lived in Singapore for the 3 years immediately preceding the divorce application.
3. The third requirement is that the party filing for divorce must show that there has been an “irretrievable breakdown” of the marriage.
Please do reach out to discuss your situation and we can better guide you on your eligibility and options.
What are the potential grounds for divorce?
There is only one real ground for divorce – the party filing for divorce must show an “irretrievable breakdown” of the marriage. To establish “irretrievable breakdown”, the party filing for divorce is required to prove one of the following five facts:
1. Adultery;
2. Unreasonable behaviour;
3. Desertion for 2 years;
4. Separation for 3 years (and the defendant consents to a divorce); and
5. Separation for 4 years.
It is best to speak to a divorce lawyer to review your circumstances and seek advice on the possible options and next steps involved.
What is an uncontested divorce?
An uncontested divorce is one where both parties agree to a divorce and all ancillary issues. The main areas for agreement to be reached include:
– the reason for divorce;
– the party who will obtain care and control of the children;
– how the assets are divided, and;
– a reasonable amount of maintenance.
Under an uncontested divorce, the interim judgment will be issued after 4 weeks, before final judgment is given 3 months from the date of obtaining the interim judgment.
Can I get a divorce even if my spouse refuses?
Yes, even if your spouse is not agreeable to the divorce, you may still proceed to file for a contested divorce. In a contested divorce, the time frame for a case to be concluded is about 6 to 12 months on average.
It would be advisable to speak to us for a free consultation so we can assess your situation and give you some options and next steps.
How long does it take to get divorced in Singapore?
The time it takes to get divorced in Singapore will depend on the complexity of the situation and the amount of negotiation required. Generally speaking, a simplified uncontested divorce tends to be settled quicker, and an interim judgment can take as little as one month. A contested divorce may take 6 months or more to conclude.
