Divorce is a significant life decision, and understanding the legal procedures in Singapore can help you navigate this challenging time more confidently. This overview outlines the key steps to file for divorce in Singapore in 2025, incorporating the latest legal updates and requirements.
Eligibility Criteria for Filing for Divorce in Singapore
Before initiating divorce proceedings, ensure you meet the following criteria:
- Marriage Duration: You must have been married for at least three years. Exceptions apply if you can demonstrate exceptional hardship or depravity.
- Residency Requirements: At least one spouse must be a Singapore citizen or have resided in Singapore for a minimum of three years before filing.
- Ground for Divorce: In Singapore, the sole ground for divorce is the irretrievable breakdown of the marriage, which must be proven by one of six legally recognised facts.
Facts to Prove Irretrievable Breakdown
To establish the irretrievable breakdown of your marriage, you must rely on one of the following six facts:
- Adultery: Your spouse has committed adultery, and you find it intolerable to continue living with them. Note that if you continue cohabiting for more than six months after discovering the adultery, it may be considered forgiveness.
- Unreasonable Behaviour: Your spouse has behaved so that you cannot reasonably be expected to live with them. This includes physical or emotional abuse, neglect, or other detrimental conduct.
- Desertion: Your spouse has deserted you for at least two years, intending to end the marriage.
- Separation for Three Years with Consent: You and your spouse have lived apart for at least three years, and your spouse consents to the divorce.
- Separation for Four Years without Consent: You and your spouse have lived apart for at least four years; consent from your spouse is not required.
- Mutual Agreement: Both spouses agree that the marriage has irretrievably broken down, have attempted reconciliation, and have considered all ancillary matters. This fact does not require a minimum separation period.
Step-by-Step Divorce Process in Singapore (2025)
Step 1: Determine the Type of Divorce
- Uncontested Divorce: Both parties agree on the divorce and all related matters (e.g., child custody, asset division). This process is typically faster and less costly.
- Contested Divorce: Parties disagree on one or more issues, requiring court intervention to resolve disputes.
Read more: Difference Between a Contested and Uncontested Divorce
Step 2: Prepare Necessary Documents
Key documents include:
- Writ for Divorce
- Statement of Claim
- Statement of Particulars
- Proposed Parenting Plan (if children are involved)
- Proposed Matrimonial Property Plan (if applicable)
These documents are filed through the eLitigation system, typically via a lawyer.
Step 3: File the Divorce Application
Submit the prepared documents to the Family Justice Courts. Upon acceptance, the court will issue a Writ for Divorce.
Step 4: Serve Divorce Papers to Your Spouse
The Writ for Divorce must be served to your spouse within 14 days (if they are in Singapore) or 21 days (if overseas). Service can be executed personally, by registered mail, or through substituted service if the spouse is uncontactable.
Step 5: Spouse’s Response
- Uncontested Cases: The spouse signs a Memorandum of Appearance and a Consent form.
- Contested Cases: The spouse may file a Defence and possibly a Counterclaim.
Step 6: Court Proceedings
- Uncontested Divorce: The court reviews the documents, and if everything is in order, an Interim Judgment is granted without a hearing.
- Contested Divorce: The case proceeds to mediation. If mediation fails, the matter goes to trial, where the court will decide on the divorce and ancillary matters.
Step 7: Ancillary Matters
After granting the Interim Judgment, the court addresses ancillary matters, including:
- Division of Matrimonial Assets
- Child Custody, Care, and Control
- Spousal and Child Maintenance
These matters are typically resolved within three to six months.
Step 8: Final Judgment
Three months after the Interim Judgment, you can apply for the Certificate of Final Judgment, which legally dissolves the marriage.
Estimated Timeline for Divorce in Singapore
- Uncontested Divorce: Approximately 4 to 6 months.
- Contested Divorce: 9 months to over a year, depending on the complexity of disputes.
Do You Need a Lawyer?
While self-representation is possible, engaging a qualified divorce lawyer in Singapore is advisable, especially in contested cases or when children and substantial assets are involved. A lawyer can provide legal guidance, ensure proper documentation, and represent your interests effectively.
Conclusion
Navigating the divorce process in Singapore requires a clear understanding of legal requirements and procedures. By following the steps outlined above and seeking professional legal advice when necessary, you can approach this challenging time with greater confidence and clarity.
For personalised legal assistance, consider consulting a reputable family law firm experienced in Singapore divorce proceedings.
