Sorry, this entry is only available in 中文.
The legal requirements for getting a divorce in Singapore may be found in section 95 of the Women’s Charter:
Irretrievable Breakdown of Marriage
Either you or your spouse may file a writ for divorce. For a divorce to be granted, an “irretrievable breakdown of marriage” must be proven.
This can only be proven by showing the court that at least one of the below five circumstances has taken place:
- that the defendant has committed adultery and the plaintiff finds it intolerable to live with the defendant;
- that the defendant has behaved in such a way that the plaintiff cannot reasonably be expected to live with the defendant;
- that the defendant has deserted the plaintiff for a continuous period of at least 2 years immediately preceding the filing of the writ;
- that the parties to the marriage have lived apart for a continuous period of at least 3 years immediately preceeding the filing of the writ and the defendant consents to a judgment being granted;
- that the parties to the marriage have lived apart for a continuous period of at least 4 years immediately preceding the filing of the writ.
If one of the above circumstances can be proven, the courts will almost certainly grant divorce. This is unless in very exceptional cases as held in William Cheng v Chai Mei Leng.
Court’s Duty
As elucidated in the case of Kwong Sin Hwa, the court will not grant a divorce merely because the application for divorce is uncontested.
Upon the writ being filed, the court will, so far as it reasonably can, inquire into the facts alleged as causing or leading to the breakdown of the marriage. The court will only grant a divorce if it is satisfied that the circumstances make it just and reasonable to do so.
The court’s judgment will consider all circumstances. This includes the conduct of parties, the interests of the children of the marriage, and whether there is the possibility of reconciliation.
Here is an article which talks about what other alternatives you have if Divorce is denied in Singapore
We’re here for you
At Gloria James-Civetta & Co, we aim to find a solution that will work for you and your family. Our matrimonial law team will provide a consultation tailored to your circumstances and needs.
在新加坡，离婚的法律要求可以在妇女宪章第95条中找到：:
婚姻无可挽回地破裂
您或配偶可以提出离婚申请。要被判决离婚，必须证明“婚姻已无可挽回地破裂”。这只能通过向法庭证明至少已经发生下列五种情况之一：
- 被告曾与人通奸，而原告认为无法忍受与被告共同生活；
- 因被告的行为而无法合理期望原告与其共同生活；
- 被告在被起诉离婚前，已遗弃原告最少连续2年；
- 婚姻双方在起诉前已分开居住最少连续3年，且被告同意法庭判决离婚；
- 婚姻双方在起诉前已分开居住最少连续4年。
如果可以证明上述情况之一，法庭几乎肯定会判决离婚。
在提出离婚申请后，法庭将调查被指称引起或导致婚姻破裂的事实，只要它认为是合理的。法庭只有在它认为这样做公正合理的情况下，才会批准离婚。
法庭的判决会考虑所有情况。这包括双方的行为，婚姻子女的利益，以及是否有和解的可能性。
