4 Parts Introduction to Divorce in Singapore
Part 1: Introduction to Divorce in Singapore
Divorce is a legal process that dissolves a marriage between two people. In Singapore, the Family Justice Courts handle divorce cases. To file for divorce in Singapore, one must be a Singapore citizen, a permanent resident, or have been living in Singapore for at least three years before the filing. Singapore follows a no-fault divorce system, which means that couples do not have to prove that one spouse is at fault for the breakdown of the marriage. Instead, they can cite irretrievable breakdown of marriage as the reason for divorce.
Part 2: Grounds for Divorce in Singapore
As mentioned earlier, the grounds for divorce in Singapore are based on irretrievable breakdown of marriage. To prove this, the couple must provide evidence of one or more of the following:
2 Unreasonable behaviour
3 Separation for three years with consent
4 Separation for four years without consent
Adultery and unreasonable behaviour are the most common grounds for divorce in Singapore. Adultery can be difficult to prove, as it requires solid evidence, such as photographs or witness testimony. Unreasonable behaviour can include anything from physical or verbal abuse to neglect of responsibilities.
Part 3: Divorce Process in Singapore
The divorce process in Singapore usually takes between four and six months, but it can take longer if the case is complicated or if the couple has children. The process begins with filing a Writ for Divorce, which is a legal document that sets out the grounds for divorce. The other party must then file a Memorandum of Appearance to indicate that they have received the Writ and intend to participate in the proceedings. The next step is the Ancillary Matters stage, where the court will decide on issues such as custody, maintenance, and division of assets. If the couple is unable to come to an agreement on these matters, they may have to go to trial. Once all the issues have been resolved, the court will grant a Final Judgment of Divorce.
Part 4: Conclusion and Final Thoughts
Divorce can be a difficult and emotional process for everyone involved. In Singapore, the Family Justice Courts aim to make the process as smooth and fair as possible. It is important for couples to seek legal advice and representation from experienced divorce lawyers to ensure that their rights and interests are protected. With the right support and guidance, couples can navigate the divorce process and move on to the next chapter of their lives.
At Ascentsia Law Corporation, our team of family lawyers strive to achieve the best possible outcome for you without acrimony to any other party. We will guide and advise you throughout the entire process. Speak to us now by calling T +65 63275777 or email HERE.
Yip Shee Yin
28 March 2023