Divorce is a big decision and often an emotional one. While you deal with the emotional consequences of a divorce, we can help protect your legal rights. At Divorcelawyersg.com, we walk you through the legal proceedings of a divorce, but strongly recommend you should not decide on a divorce in haste. Before you make a final decision, here are a few things to know about the divorce process in Singapore.

Before you get a

Divorce Lawyer in Singapore

A divorce is the legal way of ending a marriage. There are mainly two phases of a divorce process in Singapore. In the first phase, the Family Court decides whether your divorce application should be approved or declined. If they approve your application, they’ll provide you an Interim Judgment of Divorce. Now comes the second phase, where the court will decide on the ‘ancillary matters’ or issues regarding family, custody or kids, division of assets, etc. At the end of this phase, you’ll receive a Final Judgment from the court.

Not every married individual is eligible to apply for a divorce in the Family Justice Courts. For instance, if you have been married under the Muslim Law, you are not eligible. Also, those who have been married for less than three years are not allowed to file a divorce in Singapore. The only exception to this rule is when you have a special permission from the court on grounds of exceptional “hardship” or “depravity” in your marriage.

Typically, you can apply for a divorce in the Family Court, if your spouse or you;

  • are a citizen of Singapore
  • are domiciled in Singapore (this may require proving that Singapore is your permanent home)
  • have been living in Singapore for at least three years

According to Section 95 of the Women’s Charter, a divorce applicant must prove to the court that their marriage has failed on one of the following grounds.

  1. Adultery – Your spouse has betrayed you by engaging in an extramarital relationship, and you find it impossible to live with him/her.
  2. Unreasonable behaviour – The behaviour of your spouse is intolerable, so much so that you cannot be reasonably expected to live with him/her.
  3. Desertion – Your spouse has left you for two years (at least) and he/she has no intention to come back.
  4. Living apart – If you and your spouse have been living apart for the past three years, you may still need the consent of your spouse for getting a divorce. However, if you have been living apart for four years, you can get a divorce even without your spouse’s consent.

In legal terms, any of the above 4 situations establish grounds for ‘irretrievable breakdown’ of a marriage in Singapore.

You may still get a divorce on grounds of ‘exceptional depravity’, ‘exception hardship’, ‘annulment’, or through Deed of Separation or Marital Agreements. Ask your divorce lawyer in Singapore to provide you more details about these options.

If you cannot find your spouse but still want to apply for a divorce, you can go ahead and file your divorce application in the Family Court. However, you’ll still need to submit the divorce papers on your spouse to the court.

When you want to oppose the Writ of Divorce, you have mainly two options. If you want to stay married to your spouse, file a Defence. However, if you agree to end the marriage but want a court hearing on ancillary matters, file a Memorandum of Appearance; clearly specifying which ancillary matters you want the court to address.

Whichever option you choose, it is very important to respond to a Writ for Divorce timely and following the right procedure. If you simply ignore a Writ for Divorce, the court may still go ahead and announce a judgement for the case.

You need to fill out and submit the following three forms/documents when applying for a divorce in the Family Court.

  1. Writ for Divorce
  2. Statement of Claim
  3. Statement of Particulars

In addition, you have to pay the necessary filing fees when applying. These include a separate fee for Writ of Divorce, Statement of Particulars, etc. Your divorce lawyer should be able to guide you through the process and may even help you file the application on your behalf.

No, it is not necessary. You can apply for a divorce and handle your divorce proceedings yourself, if you want so. However, know that the Family Court usually does not provide any advice on how to deal with the legal proceedings. Therefore, it is advisable that you should always keep an experienced divorce lawyer on your side. Your lawyer will help you file the right documents in the right format, while also helping you present the case in the best possible way.

If you and your spouse can resolve the issues out of the court, you should definitely avoid a contested divorce. That way, both of you can save your time and money on divorce proceedings. You can contact The Family Resolutions Chambers of the Family Justice Courts, if you wish to get an uncontested divorce. The Family Resolutions Chambers usually invite both parties to attend a Resolution Conference with a Judge. Your divorce lawyer can help you get assistance of The Family Resolutions Chambers for counselling or out-of-court settlements.

Yes, you can remarry after a divorce, but not until you get the Final Judgment or the Certificate of Making Interim Judgment Final from the Family Court.

If you have any other query, please contact us for a face-to-face consultation.

Find Your Divorce Lawyer

If you are looking for the best divorce lawyer for you, start right here. This is the most comprehensive list of lawyers and law firms in Singapore who provide specialised legal services in the areas of matrimonial and family law. The lawyers and law firms here have been verified to be legitimate and recognised by the Law Society of Singapore. We try to get as full details from each law firm so that you can make an informed decision before choosing one. Of course, you can always contact them directly to ask all the questions you need and assess that they are the right partner for you in resolving the case.

Our Featured Lawyers

Here are some exceptional lawyers / law firms that have a history of helping many clients successfully resolve their divorce cases in order to move on. We also feature interesting up and coming lawyers or law firms that we feel you need to know about.

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