Understanding Divorce Proceedings in Singapore

1. Understanding Divorce Proceedings in Singapore

Filing for divorce is a legal procedure to end a marriage. The family court hears applications for divorce.

2. What are the divorce procedures in Singapore?

Divorce in Singapore is a two-step process, whether contested or uncontested. The first stage is called marital breakdown, in which the court decides whether the marriage is irretrievably broken or not. If so, the court will issue a temporary ruling to officially dissolve the marriage.
The second stage of the divorce process is called the secondary issues stage, where the court will decide how to handle the parties' affairs. These cases include spousal support and child custody.
Parties may only request a final interim award three months after the date of receipt of the award or after resolution of all ancillary issues, whichever is later. The parties will then receive a certificate of final judgment. This ends all divorce proceedings. Requirements for divorce in Singapore

3. Eligible for divorce in Singapore

To get a divorce in Singapore, you or your spouse must meet the following eligibility requirements under sections 93 and 94 of the Women's Charter:

Be resident in Singapore at the time of commencement of divorce proceedings OR have been resident in Singapore for at least 3 years, before commencement of divorce proceedings; Have been married for at least 3 years, except in cases where the party requesting the divorce faces special difficulties or has engaged in exceptionally unreasonable and cruel behavior. The above conditions may not apply to you if you are married under Islamic law. Instead, learn how to get a divorce according to Islamic law here.

Irretrievably broken marriages: what are the reasons for divorce in Singapore? Next, you must prove that the marriage is irretrievably broken. This is the only legal basis for divorce in Singapore. There are several ways to show that your marriage is irretrievably broken. These means are set out in section 95(3) of the Women's Charter:

Adultery: The defendant had an affair and the plaintiff found living with the defendant unacceptable.
Unreasonable conduct: The defendant behaved in a manner that the plaintiff could not reasonably expect to live with the defendant.
Desertion: The defendant abandoned the plaintiff for at least 2 years
Separated: The parties have been separated for at least 4 years (or 3 years if the defendant agrees to divorce)
Learn more about these facts that prove the irreparable breakdown of marriage in our other article.

Before filing for divorce in Singapore
If you and your spouse have at least one child under the age of 21 and cannot agree on the legal basis for the divorce and all ancillary issues, you will both have to complete the Mandatory parenting program.
The program is led by Specialized Divorce Support counselors and aims to help divorcing parents make informed decisions that prioritize the needs and well-being of their children. You can learn more about mandatory parenting programs in our other article.

4. Procedures for divorce in Singapore

Step 1: Dissolve the marriage
Once the divorce order and all accompanying documents have been filed with the court, they must also be served on the defendant.
The defendant will then have eight days to decide whether to object to the divorce and/or ancillary matters.
If the defendant chooses to appeal the divorce
If the defendant chooses to contest the divorce, they will be required to file briefs and pleadings. You can also request a resolution conference with a Family Resolution Division judge or a consultation with legal counsel to try to reach an amicable resolution through divorce mediation with your spouse. . If both parties cannot agree on the reason for the divorce, the case will be taken to court for a judge to determine whether the marriage is irretrievably broken or not. The defendant must file with the court and serve on the plaintiff:

Paper present within 8 days from the date of service of divorce papers; The defense party within 14 days from the deadline for serving the statement of appearance. In total, the defendant has 22 days to file and serve both the appearance brief and the defense brief.
In addition, if the Respondent wishes to assert his or her cause of divorce and/or other collateral claims, the Respondent shall file a defense and counterclaim within the above time limit, in lieu of defense.

If the defendant chooses not to contest the divorce but wants to be heard on the secondary issues, he or she must still submit a written appearance stating the issues he or she wants to be heard. If the court finds that the marriage is irretrievably broken, it will issue a temporary judgment ordering a divorce. The case will then move to the stage of resolving secondary issues of the divorce process.

Step 2: Additional questions
Before adjudicating the secondary issues, both parties must submit declarations of assets and means. In their declaration, they must disclose all assets/liabilities, income and expenses. A maximum of 3 sets of affidavits will be exchanged. If the net value of the estate(s) is greater than $1.5 million, the matter will be referred to the Supreme Court and heard there.
After the filing and exchange of documents, a secondary hearing date will be set for the court to rule on secondary issues, such as alimony and child custody. Once all ancillary issues have been resolved, either party may make a final judgment if at least 3 months have elapsed since the provisional judgment was given.

5. Can I get divorced without a lawyer?

It is possible to file for divorce in Singapore without hiring a lawyer. This will certainly result in lower financial costs than hiring a lawyer. However, please note that this does not exempt you from the legal, procedural and formal requirements when initiating legal proceedings.
In other words, you will be held to the same standards as if you were represented by an attorney. Additionally, the family court cannot advise you about your case.
Therefore, you should seek help from a divorce attorney, especially if you anticipate that your spouse will oppose the divorce. Indeed, this can lead to complex and lengthy procedures.

6. Why should professionals use ACC Law Firm's divorce consulting Service?

• Expert Guidance: ACC Law Firm's divorce consultants are knowledgeable experts in family law and divorce proceedings. They can provide professionals with valuable insights and guidance based on their experience and expertise.

• Objective Advice: Divorce can be an emotionally charged process. ACC Law Firm's divorce consultants offer an objective perspective, helping professionals make rational decisions that are in their best interests.

• Customized Solutions: Every divorce case is unique, and there is no one-size-fits-all solution. ACC Law Firm's consultants work closely with professionals to understand their specific situation and provide tailored advice and strategies.

• Conflict Resolution: Divorce often involves disputes and conflicts. ACC Law Firm's consultants can assist professionals in finding amicable solutions through mediation and negotiation, reducing the need for lengthy and costly court battles.

• Financial Planning: Divorce can have significant financial implications. ACC Law Firm's consultants can help professionals assess their financial situation, plan for asset division, and make informed decisions about alimony and child support.

• Child Custody and Support: For professionals with children, ACC Law Firm's divorce consultants can provide guidance on child custody arrangements and child support calculations, ensuring the best interests of the children are prioritized.

• Legal Process Explanation: Divorce can be complex, and the legal process can be confusing. ACC Law Firm's consultants can explain each step of the divorce process, ensuring that professionals have a clear understanding of what to expect.

• Documentation Assistance: Professionals often need to complete various forms and documents during divorce proceedings. ACC Law Firm's consultants can assist with the preparation and organization of these documents, reducing the risk of errors.

• Cost-Effective Support: Hiring a divorce consultant can be a cost-effective alternative to retaining a full-time divorce lawyer. Professionals can access expert advice without the ongoing legal fees associated with traditional legal representation.

• Emotional Support: Going through a divorce can be emotionally taxing. ACC Law Firm's divorce consultants provide emotional support and a listening ear, helping professionals cope with the challenges and stress of the process.

• Time Efficiency: ACC Law Firm's consultants can help professionals save time by streamlining the divorce process, ensuring that paperwork is completed accurately and efficiently.

• Confidentiality: Professionals can trust that their personal and financial information will be kept confidential when working with ACC Law Firm's divorce consultants.

Q&A

Question 1: What is a divorce petition?

Answer 1: A divorce petition is a legal document filed by one spouse, known as the petitioner, to initiate the divorce process. It outlines the reasons for divorce, details about children and assets, and the relief sought from the court.

Question 2: What information should be included in a divorce petition?

Answer 2: A divorce petition should include information about both spouses, the grounds for divorce, details about children (if any), a request for asset division, alimony, child custody, and any other relief sought.

Question 3: Is it necessary to hire an attorney to draft a divorce petition?

Answer 3: While it's not mandatory, it's highly advisable to consult with or hire an attorney to draft a divorce petition. An attorney can ensure that the petition complies with local laws and represents your best interests.

Question 4: What happens after a divorce petition is filed?

Answer 4: After filing a divorce petition, the court will serve the petition to the other spouse (respondent). The respondent typically has a specific time frame to respond. Following this, the divorce proceedings will continue, addressing issues such as asset division, child custody, and support, eventually leading to a divorce decree.