To commence divorce proceedings in Singapore, you will need to rely on one of the following facts:
- Adultery;
- Unreasonable behaviour;
- 2 year desertion;
- 3 year separation with consent
- 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 your spouse`s conduct.
Adultery, Improper Association and Desertion
Adultery is also a fault-based fact but you will need to be able to prove it.
However, Adultery is not commonly relied upon by the parties because of the high costs involved in engaging a private investigator.
Alternatively, you may also rely on the fact of adultery if your spouse is willing to admit that he or she has committed adultery. Due to its high evidential threshold, many choose to cite a spouse’s infidelity as a form of “unreasonable behaviour with improper association” instead.
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.
Is “unreasonable behaviour” subjective?
Yes, it is a subjective ground, which means what may be considered unreasonable to one person might not be to another. The courts assess each case individually.
If my spouse had an affair, can I file for divorce based on unreasonable behaviour?
While adultery is a separate fact for divorce, due to its high evidential threshold, many choose to cite a spouse’s infidelity as a form of “unreasonable behaviour with improper association“ instead.
How long do I have to be married before I can file for divorce based on “unreasonable behaviour”?
You need to be married for at least three years before you can file for divorce. However, there are exceptions in extreme circumstances where the court might allow filing before three years.
Is it necessary to provide evidence of “unreasonable behaviour”?
While it’s not required to provide concrete evidence like photographs or recordings, you are expected to be able to provide a detailed account or instances of the behaviour to make a convincing case.
How does the court determine if the behaviour is indeed ‘unreasonable?
The court adopts a subjective test with an objective overlay. It examines the specific allegations made by the Plaintiff and evaluates whether, given those circumstances, the Plaintiff cannot reasonably be expected to live with the Defendant.
The court looks at the nature of the behavior, its frequency, its impact on the Plaintiff, and the overall dynamics of the marital relationship. It is not solely about whether the behavior is inherently unreasonable, but more about how the particular actions have affected the petitioner in the context of their marriage.
Can “unreasonable behaviour” include non-physical actions?
Yes, emotional abuse, neglect, or even financial irresponsibility can be considered “unreasonable behaviour” if it affects the marriage significantly.
If both my spouse and I have displayed “unreasonable behaviour”, can either of us still file for divorce on this ground?
Yes, either spouse can still file for divorce. The court will assess the behaviours and circumstances presented by both parties.
Can instances of “unreasonable behaviour” from years ago be considered in a divorce filing?
While recent behaviours carry more weight, older instances can still be cited, especially if they have ongoing repercussions or if they contribute to a pattern of behaviour.
We’re here for you
Our lawyers at GJC Law offer a free 30-minute consultation to explain the divorce process and determine whether you qualify for divorce in Singapore.
Our goal is to help you find a resolution that works for you.
