If you are considering filing for divorce in Singapore, you need to be aware of the following things:
Divorce is generally a two-stage process. The first stage concerns the dissolution of the marriage. The second deals with ancillary matters such as children, maintenance and the division of matrimonial assets. Understanding what happens at each stage can help you prepare before proceedings begin.
This roadmap explains the main steps, from checking whether you can file for divorce through to obtaining the Final Judgment.
Key Points
- You must meet the legal requirements to file for divorce in Singapore.
- The marriage must have irretrievably broken down.
- If both spouses agree to divorce, the Simplified Track may apply even if ancillary matters remain unresolved.
- The Interim Judgment concludes the first stage; outstanding ancillary matters are then resolved.
- The Final Judgment completes the divorce.
Eligibility
To be eligible for divorce in Singapore, you must generally have been married for at least 3 years. You can only apply for a divorce before completing 3 years with the Court’s permission in limited circumstances, including where exceptional hardship or exceptional depravity can be established.
You must also satisfy the jurisdictional requirements for commencing divorce proceedings in Singapore. This generally requires either party to be domiciled in Singapore at the start of proceedings or to have been habitually resident in Singapore for at least 3 years immediately before proceedings commence.
Stages of the Divorce Procedure
- Whether a divorce proceeds on the Simplified or Normal Track now principally depends on whether both spouses agree on the divorce before the matrimonial application is filed.
- If both spouses agree that the marriage should end, the divorce may proceed on the Simplified Track. Importantly, they do not necessarily have to agree on all the ancillary matters beforehand. Issues concerning children, maintenance or matrimonial assets can remain to be resolved.
- If the spouses do not agree on the divorce before filing, the application proceeds on the Normal Track.
Whether the divorce proceeds on the Simplified or Normal Track, there are two main stages:
Stage 1: Dissolution of Marriage
In this stage, the Court decides if the marriage has broken down irretrievably. If satisfied, the Court grants an Interim Judgment. The Interim Judgment deals with the dissolution of the marriage. It does not itself resolve outstanding issues concerning children, property or maintenance.
Stage 2: Ancillary Matters
Ancillary matters deal with the division of matrimonial assets, child issues and spousal maintenance.
Where these matters have not already been agreed, they may be dealt with through negotiation, mediation and, where necessary, determination by the Court.
Once the relevant requirements have been met and any outstanding ancillary matters have been resolved, the Final Judgment can be extracted, completing the divorce proceedings.
Under the Simplified Track, the Courts state that the Final Judgment may be extracted at least three months after the Interim Judgment or when all ancillary matters have been resolved, whichever is later.
Related Article: The Difference Between a Contested and Uncontested Divorce?
The Roadmap to Singapore Divorce
Step 1: Check If You Can File for Divorce
Before commencing proceedings, determine whether you satisfy Singapore’s requirements relating to the length of the marriage and your connection to Singapore.
Step 1: Check If You Can File for Divorce
There is one legal basis for divorce: the marriage has irretrievably broken down. This must be established through one of the facts recognised under Singapore divorce law, which include adultery, unreasonable behaviour, desertion, separation and Divorce by Mutual Agreement.
The appropriate fact will depend on the circumstances of the marriage.
Step 3: Consider What Needs to Be Resolved
Before filing, consider the practical issues that may need to be addressed, including:
- arrangements for the children;
- the matrimonial home, including an HDB flat where applicable;
- division of matrimonial assets and CPF monies; and
- maintenance.
You do not necessarily need to have resolved every ancillary matter before filing. However, understanding the issues early can help you assess your position and avoid agreeing to terms without considering their longer-term consequences.
Step 4: Determine Which Divorce Track Applies
If both spouses agree on the divorce before filing, the matter may proceed on the Simplified Track. This applies whether or not all ancillary matters have already been agreed.
If there is no agreement on the divorce, the matter proceeds on the Normal Track.
Step 5: File and Serve the Divorce Application
The required matrimonial application and supporting documents are filed with the Family Justice Courts and served in accordance with the applicable procedure.
For a Simplified Track application, the Court generally schedules an uncontested divorce hearing within 4 to 6 weeks after the application is accepted.
Step 6: Obtain the Interim Judgment
If the Court is satisfied that the marriage has irretrievably broken down, it will grant an Interim Judgment.
This concludes the first stage of the divorce but does not necessarily mean the entire divorce is finished.
Step 7: Resolve the Ancillary Matters
The Court will schedule case conferences to move the case forward where ancillary matters remain unresolved.
These may include:
- custody, care and control and access;
- child and/or spousal maintenance; and
- division of matrimonial assets.
Depending on the case, parties may resolve these matters by agreement or mediation. Where agreement cannot be reached, the Court may determine the outstanding issues. The Family Justice Courts describe ancillary matters as the second stage of the divorce process.
Step 8: Obtain the Final Judgment
Once the necessary period has passed and the relevant ancillary matters have been concluded, the Final Judgment can be extracted. The Final Judgment formally completes the divorce proceedings
Related Article: Glossary of Family Law Terms in Singapore
Divorce Roadmap at a Glance
Check Your Eligibility
Establish Irretrievable Breakdown
Consider Children, Housing, Assets & Maintenance
Simplified or Normal Track
File & Serve the Divorce Application
Interim Judgment
Final Judgment
What If My Spouse and I Cannot Agree?
Disagreement does not necessarily mean that every aspect of the divorce must become contested.
If both spouses agree that the marriage should end, the divorce may proceed on the Simplified Track even where there are outstanding disagreements concerning children, maintenance or matrimonial assets. Those issues can continue to be negotiated or, where necessary, determined by the Court.
Where one spouse does not agree to the divorce itself before filing, the application generally proceeds on the Normal Track.
Podcast: How to initiate Divorce in Singapore
When Should You Speak to a Divorce Lawyer?
Going through a divorce is an emotionally testing time. Legal advice can be particularly useful before you agree to terms involving children, an HDB flat, CPF monies, maintenance or matrimonial assets.
Understanding your legal position before filing or signing an agreement may help you make decisions with a clearer view of their consequences.
GJC Law’s divorce lawyers advise on both Simplified and Normal Track divorce proceedings, including matters involving children, matrimonial assets, maintenance, HDB property and CPF monies.
If you need a general understanding of how the divorce process works, you may arrange a complimentary 20-minute Divorce Process Consultation. If you require advice about your particular circumstances, options or proposed settlement terms, our Strategic Divorce Consultation is available for 30 minutes or 1 hour.
Speak with GJC Law to understand your position and plan your next step before proceeding with your divorce.
We’re Here for You
We offer a range of consultation options depending on the guidance you need, from a Free 20-minute Divorce Process Consultation to a Strategic Divorce Consultation for personalised legal advice.
Contact us and we can help you choose the right option for your circumstances.
