Sharing a home is often considered a cornerstone of a strong and supportive marriage; however, when couples begin to live apart, whether due to personal conflicts or work commitments, it can point to deeper issues within the relationship.
In the landscape of divorce law in Singapore, “living apart” is a recognised ground for divorce. At first glance, it may seem as simple as residing in different homes, but in practice, separation under the law involves more than just physical distance.
The Legal Framework: Irretrievable Breakdown of Marriage
Under Singapore divorce law, the sole ground for divorce is that the marriage has broken down irretrievably. This can be proven in different ways, either on a fault-based or no-fault basis, one of which includes separation, or “living apart,” for a specific period.
According to Singapore’s Women’s Charter 1961 (“WC”):
3-Year Separation (with consent)
You and your spouse must have lived apart continuously for at least 3 years, and your spouse must consent to the divorce. (section 95(3)(d) of the WC). The consent must be given freely and rationally – it cannot be a one-sided decision.
4-Year Separation (no consent required)
You and your spouse must have lived apart continuously for at least 4 years. In this case, consent from your spouse is not needed. (section 95(3)(e) of the WC)
What Does “Living Apart” Really Mean
When discussing “living apart”, Singapore courts consider two key elements:
- Factual Separation – the physical arrangement and day-to-day lives of the spouses.
- Intention – whether there was a conscious decision to end marital cohabitation.
Factual Separation
It is a common misconception that spouses must live in different homes to qualify as “living apart”. While separate residences can simplify the matter of proving separation, living under the same roof can still count as separation if the couple lead entirely separate lives. This can involve separate sleeping arrangements, independent finances, and having minimal interaction.
Supporting documents, such as rental agreements, utility bills, individual bank statements or official documents showing different addresses, can be used as evidence for your proof of separation to hold up in Court.
A deed of separation can also serve as helpful evidence to demonstrate that both parties have been living separately.
Intentionlike one spouse relocating overseas for a job or education) usually does not count towards the period of separation between parties unless it is a voluntary choice.
Temporary Reciliation: Does it Break the Separation?
Brief periods of reconciliation do not automatically reset the clock. Under Singapore law, if the parties reconcile for less than 6 months, the separation can still be considered continuous. However, the time spent reconciling is not counted towards the total.
Example:
If a couple was separated for 2 years, reconciled for 2 months, and then resumed separation, they must still complete a full 3- or 4-year separation period, excluding the 2-month reconciliation.
Conclusion
Living apart may seem like a straightforward concept, but in the eyes of the law, it carries specific legal requirements and nuances. Whether you are considering a no-fault divorce based on three or four years of separation, it is crucial to understand what qualifies as “living apart”. With proper guidance, couples can navigate this path towards an amicable resolution.
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