Divorce applications are heard by the Family Justice Courts (“FJC”) system in Singapore and regulated by the Women’s Charter. The FJC hears all applications for divorce concerning non-Muslim marriages only.
Muslim marriages are separately regulated by the Syariah Courts system.
There are 2 stages to the divorce process
The purpose of the first stage is to determine whether the marital relationship has indeed broken down such that the court is justified in terminating the marriage between the spouses.
At the end of the first stage, the court grants an interim judgment of divorce which signifies that parties’ marriage has ended. However, this is not the end of the divorce process.
The second stage decides issues relating to the division of the former spouses’ assets, and affairs relating to their children, if any (the “Ancillaries”). Only after these matters have been adjudicated on is a final judgment rendered by the court.
Read More: Simplified Divorce Process – Checklist for Uncontested Divorce
Requirements for filing a divorce
First, there are a number of pre-requisites to meet before you can commence divorce proceedings:
- Parties seeking a divorce must have been married for at least 3 years before they can file a writ for divorce. Otherwise, special permission must be sought from the court (s 94, WCh).
- At least one of the parties to the marriage must be a Singapore citizen, domiciled or habitually resident for a period of 3 years in Singapore, immediately preceding the filing of writ for divorce (s 93, WCh).
- Parents who are seeking a divorce and have at least one child below 14 years of age must attend a Mandatory Parenting Programme organized by the Ministry of Social and Family Development unless, the parents have come to an agreement on the Ancillaries.
Read More: Filing for Divorce — What Documents to File and Service of Documents
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Second, as part of the first phase, the applying party (the “Plaintiff”) must prove to the court that their marriage has “irretrievably broken down” (s 95(1), WCh). In order to show this, the Plaintiff must prove one or more of the following facts:
- the other party to the marriage (the “Defendant”) has committed adultery such that the Plaintiff finds it intolerable to live with the Defendant,
- the Defendant has exhibited unreasonable behaviour,
- the Defendant has deserted the Plaintiff for at least 2 years,
- the parties have been separated for 3 years and the Defendant consents to divorce, or
- the parties have been separated for 4 years.
Read More: Establishing the Ground for Divorce
Where Are You in Your Divorce Journey?
Every family’s situation is different, and the questions you have today may not be the same as those you have in a few weeks’ time. Whether you are only beginning to consider divorce or are preparing to file, understanding the next step can help you make informed decisions with greater confidence.
I Am Still Considering Divorce
If you are weighing up your options, you may find these guides helpful:
I Have Decided to Proceed
If you are ready to begin the legal process, these resources explain what to expect:
- How Long Does a Divorce Take in Singapore?
- Uncontested Divorce Process
- The Two Stages of Divorce Proceedings
I Am Concerned About My Children
Many parents’ biggest concern is their children’s wellbeing. These guides explain how the Family Justice Courts approach parenting matters:
I Am Worried About Finances
If your main concern is your financial future, these articles explain some of the key issues considered during divorce:
How GJC Law Can Help
Every divorce is different. Some couples are able to resolve matters amicably through negotiation or mediation, while others require court intervention to resolve disputes involving children, finances or complex assets.
Our family law team assists clients at every stage of the divorce process. We explain how the law may apply to your circumstances, discuss the options available, and help you make informed decisions about the next steps. Where appropriate, we also encourage practical and constructive solutions that can reduce unnecessary conflict while protecting your legal rights and your family’s future.
Whether you are seeking legal advice before making a decision, require representation throughout your divorce, or need assistance with child-related or financial matters, we are here to guide you through the process.
Ready to Discuss Your Situation?
Every divorce involves unique personal, financial and family circumstances. While understanding the legal process is an important first step, applying the law to your own situation often requires careful consideration.
If you are ready to receive tailored legal advice, arrange a Strategic Divorce Consultation with one of our experienced family lawyers. We will discuss your circumstances, explain how the law may apply to your situation, answer your questions, and help you understand the options and practical steps available to you.
If you are not yet ready for a legal consultation and simply have questions about the divorce process, our team also offers a complimentary 20-minute process call to explain the procedural aspects of divorce and help you understand what to expect.
We’re here for you
Having met these considerations, our lawyers will then be able to assist you in taking the formal steps to file a writ of divorce with the Family Justice Court.
Our goal is to help you find a resolution that works for you.
