Understanding the divorce process in Singapore can make it easier to know what to expect, what decisions need to be made, and when issues involving children, property and finances will be dealt with.
Key Points
- A divorce proceeds on either the Simplified Track or Normal Track.
- If both spouses agree to the divorce before filing, they may use the Simplified Track.
- You do not need to agree on every ancillary matter to use the Simplified Track.
- The Court may grant an Interim Judgment before unresolved children, maintenance or asset matters are determined.
- Outstanding ancillary matters may be resolved through negotiation, mediation or Court proceedings.
- The divorce is completed when the Final Judgment is granted.
Broadly speaking, a divorce involves two main stages:
- The divorce itself — establishing that the marriage has irretrievably broken down; and
- The ancillary matters — resolving issues such as the arrangements for the children, maintenance and the division of matrimonial assets.
Depending on whether the spouses agree on the divorce before proceedings are commenced, the application may proceed on either the Simplified Track or the Normal Track.
Step 1: Determine whether you and your spouse agree on the divorce
The first question is whether both spouses agree that the marriage should come to an end.
Simplified Track Divorce
If both spouses agree on the ground of divorce before the divorce is filed, the application may proceed on the Simplified Track. Importantly, the spouses do not have to agree on all the ancillary matters before filing.
For example, spouses may agree that they should divorce but remain unable to agree on the division of their HDB flat, maintenance or arrangements concerning their children. The divorce can still proceed on the Simplified Track, while the unresolved ancillary matters are dealt with separately.
If the Court is satisfied that the marriage has irretrievably broken down, it may grant an Interim Judgment.
Normal Track Divorce
If the spouses cannot agree on the ground of divorce before filing, the application generally proceeds on the Normal Track.
A Normal Track divorce does not necessarily remain contested throughout the proceedings. If the parties subsequently reach agreement on the divorce, whether through negotiations, private correspondence or mediation, they may take the necessary steps to proceed with an uncontested divorce hearing.
If the parties remain unable to agree on the ground of divorce, the disputed ground of divorce will have to be determined through a contested trial.
| Key Factor | Simplified Track | Normal Track |
|---|---|---|
| Both spouses agree to divorce before filing | Yes | No |
| Must all ancillary matters be agreed? | No | No |
| Children or asset disputes can remain | Yes | Yes |
| Divorce itself contested at filing | No | Yes |
| Court’s indicative timeframe | About 4 months | About 12–18 months |
Once the ground of divorce is determined, either through agreement or a contested trial, the Interim Judgment will be granted, confirming that the Court has granted the divorce. However, this does not mean that everything has been completed. Unresolved matters involving children, maintenance and matrimonial assets may still need to be dealt with.
Step 2: The Ancillary Matters
Once the divorce itself has been dealt with, attention turns to the ancillary matters. These may include:
- Custody, care and control and access to the children;
- Maintenance for the spouse and/or children; and
- The division of matrimonial assets, including the matrimonial home.
The parties may already have reached agreement on some or all of these matters. If so, the agreed terms can be recorded in the form of a Consent Order.
If any or all of the ancillary matters remain unresolved, the parties may attempt to reach a settlement through negotiation or mediation.
Where settlement cannot be reached, the Court will give directions for the ancillary matters to be dealt with, through the filing of affidavits and written submissions, and ultimately, determine the outstanding issues through an ancillary matters hearing.
Final Judgment
After the ancillary matters are agreed/determined by the Court, parties will then be able to obtain the Final Judgment. The Final Judgment marks the official end of the marriage and parties are legally divorced.
Ultimately, the precise timeframe of the proceedings will depend on the circumstances of the case, including whether the parties have agreed on the divorce and ancillary matters, the complexity of the issues involved, and the Court’s directions.
How Long Does Divorce Process Take?
A Simplified Track divorce is generally quicker because the spouses have agreed to the divorce before filing.
A Normal Track divorce may take considerably longer, particularly if the divorce itself is contested. The Family Justice Courts currently indicate that a Normal Track application may take approximately 12 to 18 months to conclude. Where children, maintenance or matrimonial assets remain disputed, resolving those ancillary matters may also affect how long it takes before the divorce is completely finalised.
Singapore Court Divorce Process Flowchart
A Visual Guide From Filing to Final Judgement
Seek the key steps and decision point in the Singapore Divorce Process.
Do I Need a Divorce Lawyer?
Legal advice may be particularly useful where the divorce involves:
- children and parenting arrangements;
- an HDB flat or private property;
- CPF monies;
- significant matrimonial assets;
- maintenance;
- disagreement about the divorce; or
- uncertainty about a proposed settlement.
Obtaining advice before agreeing to important terms can help you understand how those arrangements may affect you after the divorce.
Frequently Asked Questions
The first step is to consider whether you meet the legal requirements for divorce and whether you and your spouse agree that the marriage should end.
If you both agree on the ground of divorce before filing, the application may proceed on the Simplified Track. If you cannot agree on the ground of divorce, the application will generally proceed on the Normal Track.
No. Both spouses need to agree on the ground of divorce before filing, but they do not necessarily have to agree on all the ancillary matters.
If you cannot agree on the ground of divorce before filing, the application generally proceeds on the Normal Track.
However, this does not mean that the divorce must remain contested until the end. If your spouse subsequently agrees to the ground of divorce, the parties may be able to proceed with an uncontested divorce hearing.
If no agreement is reached, the Court will then have to determine whether the relevant fact establishing irretrievable breakdown has been proved, through a contested trial.
A disagreement over the HDB flat does not, by itself, prevent the divorce from proceeding on the Simplified Track if both spouses agree on the ground of divorce before filing.
The HDB flat and other financial issues will be dealt with subsequently as they are ancillary matters.
The parties may attempt to resolve the issues through negotiation or mediation.
If settlement is not possible, the Court will then give directions for the parties to file the necessary affidavits and disclosure etc and the Court will ultimately determine the unresolved ancillary matters during the ancillary matters hearing.
The process can vary depending on the issues involved and the circumstances of the case.
Understanding Your Next Step
The Singapore divorce process becomes easier to understand when it is broken down into a few key questions:
- Do you and your spouse agree that the marriage should end?
- Do you agree on the facts relied upon for the divorce?
- Which ancillary matters have already been agreed?
- What issues remain unresolved?
For some couples, the divorce itself is straightforward, but the difficult issues concern the children, the matrimonial home, maintenance or the division of assets.
For others, agreement cannot initially be reached on the divorce itself. In those circumstances, the proceedings may begin on the Normal Track but can potentially become uncontested if the parties subsequently reach agreement.
Understanding which issues are agreed and which remain disputed can help you determine the appropriate procedural route and what steps may need to be taken next.
At Gloria James-Civetta & Co, our family lawyers can help you understand which divorce track applies to your circumstances, identify the matters that still need to be resolved and advise you on the appropriate next steps.
To discuss your circumstances with our family law team, call +65 6337 0469 or email gloria@gjclaw.com.sg.
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.
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