Troubled marriage: The legal process of divorce in Singapore

Photo credit: Canstockphoto

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Divorce can be one of the worst human experiences, since it causes a couple, their children, and their families a lot of pain, while tearing them apart.

But what if this option is the best course of action for the couple?

In legal terms, a divorce is the legal termination of a marriage, and it should ideally be the last course of action after a couple has gone through professional marriage counselling.

However, in cases of infidelity, abuse, irreconcilable differences and other intolerable situations in a marriage, divorce can be the only way out.

What the law requires for a divorce to be effected

According to the Women's Charter section 95 of the Singapore law, divorce can only take place if a family court judge rules that a marriage is irreversibly broken.

To arrive at the above ruling, the judge has to ascertain the presence of adultery that is making the marriage intolerable, or whether one of the parties behaved in a way that would warrant reasonable cause for separation.

In addition, if one of the parties deserted the other for two years or more, or if the two consent to the divorce after not less than four years of separation, a judge can grant a divorce.

Are you qualified to get a divorce through the Family court in Singapore?

You cannot apply for divorce through the family court in Singapore if you got married through the Sharia law, or if you and your spouse is Muslim. According to the Women's Charter section 94, the court will not grant a divorce if you have not been married for more than three years, lest you have permission from the court to do so.

To be sure of eligibility, you have to be a citizen of Singapore; you must have resided in Singapore for not less than three years leading up to the divorce, and you must be a resident of Singapore.

The divorce application process

To commence the divorce process:

The first stage

1. You have to file an injunction for divorce, hand in your statement of claims and your statement of particulars of the case before a Family Court Judge; filing fees apply here. The other party can contest with the claims or agree with them.

2. In case the other party is contesting the divorce, get a lawyer to prepare your divorce papers, and appear in court. You will have to fill in the Memorandum of Appearance, as well as a Defence.

3. If the Judge grants the divorce, he or she will deliver the Interim Judgement, marking the end of the first stage of the divorce case proceedings.

The second stage

4. During the second stage, the Judge will deliver the Ancillary Ruling, which involves settling matters related to the children, how to divide the matrimonial property, and how everything will be maintained.

In most cases, the Ancillary Ruling happens within 30 days of the delivery of the interim ruling after dealing with the disputes that may arise between the parties. 

5. The Judge delivers the Final Judgement at least three months after the Interim Ruling. This marks the end of the divorce proceedings, and the plaintiff - who is the party applying for a divorce can apply for "The Final Judgement."

Situations that may arise

• At times, the individual applying for the divorce might not find his or her spouse, but this will not prevent the divorce proceedings to continue, though the case will be more expensive and demanding.
• It is also possible for one of the parties to contest the divorce; something permitted by law, and has a legal procedure that one can follow. 

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