Divorcing a Foreign Spouse in Singapore – FAQs

Divorcing a foreign spouse in Singapore can give rise to issues that may not arise in a situation where both parties are Singaporean.

You may be uncertain whether you are able to commence divorce proceedings in Singapore, what happens if your spouse has returned overseas, or how matters involving the children, maintenance and relocation may be dealt with.

A key preliminary issue is whether the Singapore courts have jurisdiction to hear the divorce. Where one spouse is living overseas, or intends to relocate after the divorce, further practical and legal considerations may also arise.

Below, we address some common questions about divorcing a foreign spouse in Singapore.

Can Foreigners Divorce in Singapore?

Yes. A foreigner may file for divorce in Singapore, provided the Singapore courts have jurisdiction to hear the matter.

The jurisdiction requirement is satisfied if either party is a Singapore citizen, is domiciled in Singapore, or has been habitually resident in Singapore for at least 3 continuous years immediately before the divorce proceedings are commenced.

You must also have been married for at least three years, and the marriage is not registered under Syariah law.

Separately, for foreigner couples living in Singapore, immigration status may also become an important practical consideration. For example, a spouse who is residing in Singapore on a Dependant’s Pass linked to the other spouse’s Employment Pass may need to consider how the divorce could affect their ability to remain in Singapore.

This may be particularly significant where the parties have children and one parent is considering returning to their home country, as this can also give rise to questions concerning the children’s living arrangements and possible relocation.

What if We Have Been Married for Less Than 3 Years?

Generally, you must have been married for at least 3 years before filing for divorce in Singapore.

If you have not reached the 3-year mark, you may consider whether:

• you should wait until 3 years have passed;
• an annulment may be available in your circumstances;
• there are grounds to seek the court’s permission to file for divorce before 3 years; or
• consider filing for judicial separation.

Permission to commence divorce proceedings within the first 3 years of marriage is not readily granted. The threshold is a high one. An applicant must show that the case involves exceptional hardship suffered by the applicant or exceptional depravity on the part of the other spouse.

Whether this threshold is met will depend on the facts of the particular case, and ordinary marital difficulties or the breakdown of the relationship will not, without more, be sufficient.

Can I Divorce a Foreign Spouse in Singapore?

Yes. Having a foreign spouse does not prevent you from commencing divorce proceedings in Singapore, provided the requirements for filing for divorce here are satisfied.

For example, if you are a Singapore citizen and have been married for at least 3 years, you may generally commence divorce proceedings in Singapore even if you are currently living overseas. By contrast, where neither spouse is a Singapore citizen, questions such as domicile and how long either spouse has been living in Singapore may become important in determining whether the Singapore courts have jurisdiction.

Your spouse’s nationality is therefore only one part of the picture. In an international divorce, other factors may also be relevant, including where you and your spouse live and whether the courts of another country may also have jurisdiction.

Where divorce proceedings could potentially be commenced in more than one country, it may be prudent to obtain legal advice in the various jurisdictions before filing. The jurisdiction in which the divorce proceeds may have practical consequences for issues such as children, matrimonial assets and maintenance.

What if My Spouse Has Returned Overseas?

A spouse living overseas does not necessarily prevent divorce proceedings from taking place in Singapore, as long as the necessary requirements for divorce are met.

However, the divorce documents will still need to be served on your spouse overseas in accordance with the applicable rules for service. The method of service may depend on the country in which your spouse is located and the relevant rules or international arrangements governing service in that country.

If you do not know where your spouse is living, or if it is impractical to serve the divorce documents in the usual manner, additional steps may be required. Depending on the circumstances, an application may be made to the Court for permission to serve the documents by an alternative method or to dispense with service altogether.

These additional procedural steps can make an international divorce more complicated than one where both spouses remain in Singapore.

If this is an uncontested divorce, your spouse can also sign the papers before a Notary Public in the country they are in.

How Do I Prove the Marriage Has Broken Down?

The sole ground for divorce in Singapore is that the marriage has irretrievably broken down.

This may be established through one or more of the legally recognised facts:

• Adultery
• Unreasonable behaviour
• Desertion for at least 2 years
• 3 years’ separation with consent
• 4 years’ separation without consent
• Mutual Agreement

Which fact is appropriate will depend on the circumstances of the marriage.

Can We Divorce by Mutual Agreement?

You will have to show one or more of the following facts:
Yes. Mutual Agreement allows spouses who both agree that their marriage has irretrievably broken down to rely on that agreement as the fact supporting the divorce.

In the application to the Court, the parties must state the reasons why they consider that the marriage has broken down and the efforts they have made to reconcile. They must also address the consideration they have given to matters relating to their financial affairs and any children of the marriage.

Importantly, the parties do not need to have reached agreement on all ancillary matters before relying on Mutual Agreement. Issues such as the division of matrimonial assets, maintenance, arrangements for the children or relocation may remain disputed and can still be dealt with separately in mediation.

For international couples, these issues may involve additional cross-border considerations, including where each parent will live, the children’s care arrangements and whether either parent intends to relocate overseas.

What if We Agree to the Divorce?

Where both spouses agree on the divorce and all ancillary matters before the application is filed, the divorce can proceed on the simplified uncontested track.

Where both spouses agree that the marriage should be dissolved but have not reached agreement on all ancillary matters, the divorce may proceed on a partially uncontested basis. In such cases, the divorce itself is not disputed, while outstanding issues such as the division of matrimonial assets, maintenance or arrangements for the children can be dealt with separately.

Where the divorce itself is disputed, proceedings will generally follow the normal track.

Agreement can therefore make a significant difference to how the divorce proceeds. However, agreeing to end the marriage does not necessarily mean that every issue involving children, maintenance or matrimonial assets has already been resolved.

Will I Have to Pay Maintenance if My Spouse Lives Overseas?

Living outside Singapore does not, by itself, determine whether maintenance is payable.

For child maintenance, a parent’s responsibility to maintain or contribute to the maintenance of their child generally continues even if the child lives in another country. Under Singapore law, parents have a duty to maintain their children, subject to any agreement or court order providing otherwise.

For spousal maintenance, whether maintenance should be ordered, and the amount payable, will be determined in accordance with the applicable legal principles and the circumstances of the parties. Relevant considerations include the parties’ financial resources, needs and obligations, as well as the standard of living enjoyed by the family during the marriage.

Accordingly, the fact that a spouse or child is living overseas does not, in itself, mean that maintenance is or is not payable. However, the actual cost of living and expenses in the country where the spouse or child resides may be relevant when the Court considers their financial needs and the appropriate amount of maintenance.

Additional issues may arise where maintenance has to be enforced across jurisdictions, particularly where an existing order was made in another country or where the person required to pay maintenance is living overseas and enforcement is required.

What Happens to the Children?

Where divorcing spouses have children, the court’s primary consideration in determining arrangements for them is their welfare.

Issues may include:

• custody;
• care and control;
• access; and
• child maintenance.

International families may face additional practical considerations where one parent wishes to remain in Singapore while the other intends to return to their home country.

This may affect proposed arrangements for the children, including where they will live, how they will spend time with each parent, and whether relocation is being considered. These issues should be addressed carefully, particularly where the parents do not agree on the children moving to another country.

Where relocation is proposed, the arrangements will need to be considered with the children’s welfare in mind, together with the practical impact on their relationship with both parents.

Read more: Determining Child & Spousal Maintenance

Can My Foreign Spouse Take the Children Overseas?

A parent who has care and control of a child does not automatically have the right to relocate the child permanently to another country. The issue of relocation is distinct from the question of which parent has care and control.

Where both parents agree to the relocation, arrangements may be made by consent. Where they do not agree, the parent wishing to relocate with the child will generally need to obtain the Court’s permission before doing so.

In deciding whether to permit relocation, the Court’s paramount consideration is the welfare of the child. There is no presumption either for or against relocation, and the Court will consider the circumstances of each case. Relevant considerations may include the child’s age and needs, the child’s relationship with each parent, schooling and living arrangements, the reasons and plans for the proposed relocation, and how the child’s relationship and contact with the parent remaining in Singapore can be maintained.

A parent should therefore not make permanent arrangements to relocate a child overseas without first obtaining the other parent’s consent or, where agreement cannot be reached, seeking the appropriate order from the Court.

What About Matrimonial Assets Overseas?

Where one or both spouses are foreigners, or where one spouse has connections to another country, matrimonial assets may be located in more than one jurisdiction. These may include overseas properties, bank accounts, investments, businesses or other assets.

The fact that an asset is located outside Singapore does not, by itself, mean that it will be excluded from consideration in a Singapore divorce. Whether an asset forms part of the pool of matrimonial assets will depend on the applicable legal principles and the circumstances in which the asset was acquired or used.

However, foreign assets can give rise to additional practical issues, including identifying and obtaining information about the assets, determining their value, and implementing or enforcing orders concerning assets situated in another jurisdiction.

Where substantial overseas assets are involved, it may therefore be helpful to obtain legal advice at an early stage, particularly before settlement negotiations are concluded or significant steps are taken in relation to those assets.

Should I Get Advice Before Filing?

International divorce can involve more than simply establishing whether you are eligible to divorce in Singapore.

Before filing, it may be useful to understand:

• whether Singapore is the appropriate jurisdiction;
• what happens if your spouse is overseas;
• your children’s living arrangements;
• possible overseas relocation;
• maintenance;
• Singapore and overseas assets; and
• whether agreement can be reached before proceedings begin.

Understanding these issues early can help you make informed decisions about how to approach the divorce.

Considering Divorce From a Foreign Spouse?

International and cross-border divorces can involve questions about jurisdiction, children, relocation and assets in different countries.

A Strategic Divorce Consultation with our family law team can help you understand how Singapore law applies to your circumstances and the options available before you decide on your next step.

Read More: INTERNATIONAL DIVORCE IN SINGAPORE

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At GJC Law, we provide immediate and comprehensive assistance with all aspects of International Cross-Border Divorces, including asset protection and child custody.

Our goal is to help you find a resolution that works for you.

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