Has Your Marriage Broken Down?
Under Singapore law (Women’s Charter Cap. 353), there is only one “ground” for divorce: that the marriage has irretrievably broken down.
To prove that the marriage has irretrievably broken down, an applicant can rely on one of the following facts (section 95(3) of the Women’s Charter):
Adultery and intolerability
When your spouse has committed adultery, and you find it intolerable to live with him/her, you may use this fact to prove that the marriage has irretrievably broken down. However, if you continue to live with your spouse for more than 6 months after the last cheating incident, you may be found to have forgiven them and you may not be able to rely on the last incident.
Unreasonable behaviour
Your spouse’s conduct must be so bad that you cannot reasonably be expected to continue living with him/her. This is an objective test, taking into account the parties’ individual characteristics, personalities, faults and attributes. If, after the “final incident” you cite, you still decide to live with your spouse, you may be found to have forgiven your spouse and you may not be able to rely on the last incident. (Article on Establishing Unreasonable Behaviour in Singapore)
Desertion for 2 years
Your spouse must have deserted you for an unbroken period of at least 2 years, with the intention of permanently ending the marriage throughout that time. Although you may briefly cohabit after desertion begins, any period of living together exceeding 6 months severs the period of desertion. At the same time, the time you do live together is excluded from the 2-year period.
Separation for 3 years (with consent)
You and your spouse must have lived apart for at least 3 years, and your spouse must consent to a judgment of divorce being granted on this basis. “Living apart” includes not only physical separation but also a mental attitude averse to cohabitation. What this means is that if you two continue living under the same roof, you must no longer conduct yourselves as husband and wife. Any time that the parties continue living together for a duration up to six months, will not sever the period of separation.
Separation for 4 years (without consent)
You and your spouse must have lived apart for at least 4 years. You do not need your spouse’s consent to proceed with this fact of divorce. The same rules for separation for 3 years, with consent, apply to this fact.
Mutual agreement (from 1 July 2024)
Both spouses agree that the marriage has irretrievably broken down, have taken steps towards reconciliations, that have failed and have given thought towards the ancillary matters, like the children’s issues and financial issues. Both parties must also be willing to sign a written agreement confirming the above. No minimum separation period is required for this fact. (Read more about Divorce by Mutual Agreement (DMA) in Singapore)
Minimum Marriage Duration Before Filing for Divorce in Singapore
Under section 94(1) of the Women’s Charter (Cap. 353), you cannot file for a divorce unless you have been married for at least three years— this safeguards the sanctity of marriage and encourages couples to invest genuine effort before seeking dissolution .
Why the 3-year rule matters
- Promotes stability: Prevents “quick” divorces that could devalue the institution of marriage in Singapore’s family law landscape.
- Encourages reconciliation: Gives newlyweds time to work through early challenges without immediate recourse to divorce proceedings.
Exception to the 3-year rule
You may apply for divorce within 3 years only if you can demonstrate:
- Exceptional hardship on your part—severe circumstances that would cause undue suffering beyond a typical marital breakdown.
- Exceptional depravity by the respondent—conduct that shocks the conscience of a reasonable Singaporean court (e.g. grave criminal behaviour, extreme cruelty).
Note: These grounds are distinct from “unreasonable behaviour” under section 95. Exceptional hardship/depravity require a higher threshold of proof and sometimes require supporting evidence, in the form of medical reports.
By understanding this 3-year limitation and its exception, you ensure your divorce application complies with Singapore’s Women’s Charter and family law procedures.
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