Prior to commencing the divorce proceedings in Singapore, it is crucial to verify that the Singapore Court possesses the jurisdiction to consider your case. In order to establish jurisdiction, one or both parties must:

• Residing in Singapore at the time of filing for divorce, or
• Residency must be maintained for a minimum of three years prior to filing.

In order to apply for a divorce, it is necessary to have been married for a minimum of three years. However, there are rare exceptions in cases of severe hardship or extreme behavior.

It’s important to mention that divorce and annulment are distinct from each other. The process of annulment treats a marriage as if it never happened, distinguishing it from a divorce which legally ends a marriage. It is possible to seek an annulment earlier in the marriage under specific circumstances if you are considering it. If you were married under Muslim law, your situation is subject to different rules.

The Two Main Stages of Divorce

The divorce process in Singapore is divided into two main stages:

1. Dissolving the Marriage

– In Singapore, the sole basis for divorce is when a marriage has irretrievably broken down. There are several grounds for proving this, such as adultery, unreasonable behavior, desertion, or a certain period of separation.

– Beginning on 1 July 2024, if you and your spouse reach a mutual understanding that your marriage has come to an end, you will have the option to file for divorce by mutual agreement, which will simplify the process.

2. Dealing with the Ancillary Matters

– After the marriage is legally dissolved, the focus shifts to crucial matters such as child custody, division of property, and financial support.

– The realm of custody encompasses important matters such as your child’s education, healthcare, and other significant life choices. On the other hand, “care and control” pertains to determining the primary residence of your child.

– In the realm of financial support, or maintenance, it is customary for the husband to provide for the wife and children. The amount of support is determined by various factors, such as the standard of living maintained during the marriage and the income of each party involved.

The court takes into account both financial contributions and non-financial efforts, such as caring for the home or family, when dividing matrimonial assets.

Navigating Uncontested Divorces: A Smoother Journey

A divorce that is uncontested, also known as a “simplified divorce,” occurs when both parties are in agreement regarding the reason for the divorce and how to handle the associated matters. This method can significantly expedite the process and alleviate unnecessary tension.

There are several reasons why divorces often become uncontested:

• If there is a disagreement on the facts, a trial becomes necessary.

– Trials can be costly and time-consuming.

– It is often of little value to determine who was “right” or “wrong.”

• Many couples strive to cultivate a healthy and harmonious relationship, particularly for the well-being of their children.
• The Singapore courts strongly advocate for the resolution of disagreements outside of court, typically through mediation, in order to facilitate early agreement between couples.

Thinking about hiring a lawyer?

Although it may be tempting to handle your divorce without a lawyer in order to save costs, it’s crucial to keep in mind that the process can be quite complex. It is important to note that the court expects all individuals to adhere to the same procedures, regardless of whether they have legal representation or not. It should be noted that the Family Justice Courts do not offer legal advice.

Even simple cases necessitate a considerable amount of paperwork, such as a Writ of Summons, Statement of Claim, and Proposed Parenting Plan.

If you believe that your spouse may challenge the divorce or any related matters, seeking advice from a lawyer can be advantageous. An attorney can assist you in navigating a potentially complex and time-consuming procedure.