Divorce is the legal termination of a marriage. It can be a challenging and emotional process, especially if there are children or assets involved. Therefore, it is important to understand the divorce in singapore process and the legal requirements in Singapore and to seek professional help if needed.
What is the Divorce Rate in Singapore?
According to the latest statistics, the divorce rate in Singapore has been rising over the years. In 2022, there were 7,623 divorces and annulments, which was 4.8% higher than in 2021. The general divorce rate in Singapore, which measures the number of divorces per 1,000 resident married males or females, was 7.5 for males and 7.2 for females in 2022. The median duration of marriage for divorces was 10.4 years, and the most common age group for divorces was 45 to 49 years old.
What are the Requirements for Divorce in Singapore?
To get a divorce in Singapore, you and your spouse must meet the following requirements:
- You must be legally married, either in Singapore or overseas, and your marriage must be registered and recognized in Singapore.
- You or your spouse must be a Singapore citizen, a Singapore permanent resident, or have been habitually resident in Singapore for at least 3 years before filing for divorce.
- You must have been married for at least 3 years, unless you can prove that you have suffered exceptional hardship or that your spouse has behaved exceptionally cruelly towards you.
- You must prove that your marriage has irretrievably broken down, which is the only ground for divorce in Singapore.
What Constitutes an “Irretrievable Breakdown” of the Marriage?
To prove that your marriage has irretrievably broken down, you must show one of the following facts:
Adultery:
Your spouse has committed adultery, and you find it intolerable to live with him or her. You must have evidence of the adultery, such as photographs, messages, or witnesses. You must also file for divorce in Singapore within 6 months of discovering the adultery; otherwise, you may be seen as having condoned it.
Unreasonable behaviour:
Your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her. This can include physical or verbal abuse, neglect, addiction, gambling, or any other behavior that causes you distress or harm.
Desertion:
Your spouse has deserted you for a continuous period of at least 2 years without your consent or any reasonable cause.
Separation:
You and your spouse have lived apart for a continuous period of at least 3 years and both of you agree to the divorce in singapore, or you and your spouse have lived apart for a continuous period of at least 4 years and one of you wants the divorce in singapore.
How to File for Divorce in Singapore?
If you meet the requirements for divorce in Singapore, you can file for divorce by following these steps:
Step 1:
Engage a divorce lawyer. You can engage a divorce lawyer to advise you on the legal aspects of divorce and to represent you in the divorce proceedings. You can find a divorce lawyer through the [Singapore Divorce Lawyer]. You can also file for divorce yourself, but you should be careful to avoid any mistakes or complications that may affect your rights or interests.
Step 2:
File a writ for divorce in Singapore. You need to file a writ for divorce at the Family Justice Courts, which is a document that initiates the divorce proceedings. You need to lay the groundwork and the facts for divorce, as well as the details of your marriage, children, and assets. You also need to pay a filing fee of $42.
Step 3:
Serve the writ for divorce. You need to serve the writ for divorce on your spouse, which means delivering a copy of the writ to him or her personally or by registered mail. You need to do this within 6 months of filing the writ; otherwise, the writ will lapse and you need to file a fresh one. You also need to file a memorandum of service at the court, which is a document that confirms that you have served the writ on your spouse.
Step 4:
File a statement of claim and a statement of particulars. You need to file a statement of claim and a statement of particulars at the court, which are documents that provide more details about your divorce case. You need to do this within 14 days of serving the writ on your spouse, or within 28 days if your spouse is overseas. You also need to serve these documents on your spouse and file a memorandum of service at the court.
Step 5:
File an affidavit of assets and means. You need to file an affidavit of assets and means at the court, which is a document that discloses your income, expenses, assets, and liabilities. You need to do this within 14 days of filing the statement of claim and the statement of particulars, or within 28 days if your spouse is overseas. You also need to serve this document on your spouse and file a memorandum of service at the court.
Step 6:
File a parenting plan and a proposal for the care and control of the children. If you have children below 21 years old, you need to file a parenting plan and a proposal for the care and control of the children at the court, which are documents that outline your arrangements and proposals for the custody, care, and welfare of your children. You need to do this within 14 days of filing the affidavit of assets and means, or within 28 days if your spouse is overseas. You also need to serve these documents on your spouse and file a memorandum of service at the court.
Step 7:
Attend counseling and mediation. If you have children below 21 years old, or if you have any disputes or disagreements with your spouse, you may be required to attend counseling and mediation at the court, which are sessions that aim to help you and your spouse resolve your issues amicably and reach a settlement. You will be notified by the court of the date and time of your counselling and mediation sessions, and you must attend them personally or with your lawyer.
Step 8:
Obtain an interim judgment. If you and your spouse agree on all the terms of your divorce, or if your spouse does not contest the divorce, you can apply for an interim judgment, which is a document that grants the divorce in principle. You need to file a draft consent order at the court, which is a document that sets out the agreed terms of your divorce in singapore, and a certificate of making out at the court, which is a document that confirms that you have complied with all the procedural requirements. You also need to pay a filing fee of $42. The court will then issue the interim judgment, usually within 1 month of your application.
Step 9:
Obtain a final judgment. If you have obtained an interim judgment, you need to wait for 3 months before you can apply for a final judgment, which is a document that finalizes the divorce in singapore and dissolves the marriage. You need to file an application for a final judgment at the court and pay a filing fee of $26. The court will then issue the final judgment, usually within 1 month of your application.
Conclusion
Divorce is a complex and sensitive matter, and you should seek legal advice and guidance if you are considering or going through a divorce. By following the steps and tips in this article, you can understand how to divorce in Singapore, and what are the factors that you need to consider. However, if you have any doubts or questions about divorce in singapore, you should consult a divorce lawyer who can assist you in filing for divorce and protecting your rights and interests.