Unreasonable Behaviour – Fault Basis Divorce and What It Means
FAULT-BASED DIVORCE & WHAT IT MEANS
To commence divorce proceedings in Singapore, you will need to rely on one of the following grounds:
- (1) Adultery;
- (2) Unreasonable behaviour;
- (3) 2 year desertion;
- (4) 3 year separation with consent
- (5) 4 year separation without consent.
If parties have not lived apart for at least 2 years, the most commonly-used ground would be unreasonable behaviour, i.e., your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her anymore. In other words, you are saying that the marriage broke down due to the fault of the other party.
Adultery is also a fault-based ground but you will need to be able to prove it. Alternatively, you can also rely on this ground if your spouse is willing to admit that he or she has committed adultery.
Desertion is rarely used because you will have to show that your spouse intended to desert you and did in fact desert you for at least 2 years.
What constitutes unreasonable behaviour?
If you choose to rely on this ground, you will need to provide the particulars of your spouse’s ‘bad’ behaviour to the Court. Examples include extra marital-affairs, family violence, chronic irresponsibility, failure to provide maintenance etc.