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Divorce in Singapore
GETTING A DIVORCE LAWYER IN SINGAPORE
Getting an annulment or divorce in Singapore is often an overly complicated and needlessly stressful process. Fortunately, our divorce lawyers can guide you through the divorce procedure in Singapore with expert advice to make sure it is handled in a streamlined manner without unnecessary complications.
DIVORCE PROCEDURE IN SINGAPORE
Eligibility to file for divorce
To file for a divorce in Singapore, the following conditions must apply:
- Either of the parties must be a Singaporean citizen or a permanent resident of Singapore
- Both parties must be married for at least three years
- Either party must be a habitual resident in Singapore for at least three years
What happens if the marriage has lasted less than three years?
To file for a divorce in Singapore for marriage under three years, the divorcees must seek permission from the court. The court must acknowledge that you have suffered exceptional hardship or have been subjected to exceptionally unreasonable and cruel behaviour from your spouse. With an affidavit supporting these strong grounds, you then can submit these summonses to the court through a lawyer specialising in family law.
Irretrievable breakdown of marriage
For a judge to grant a divorce in Singapore under the category of irretrievable breakdown of the marriage, either of the spouses must prove the following:
- Adultery: Your spouse has committed adultery, and you cannot bear to continue living with them
- Unreasonable Behaviour: Your spouse behaves in such a way that you cannot reasonably be expected to remain with them
- Desertion: Your spouse has deserted you for a continuous period of at least two years
- Separation: Both parties have lived apart for a continuous period of three to four years
Before filing for divorce in Singapore
Spouses with at least one child below 21 years of age and who disagree on the divorce in Singapore as well as all ancillary matters must attend the Mandatory Parenting Programme (MPP).
The application process for divorce in Singapore
Documents needed to start the proceedings for divorce in Singapore:
- Writ for Divorce
- Statement of Claim
- Statement of Particulars
- Proposed Parenting Plan (if there are children under age 21)
- Agreed Parenting Plan (for care arrangements of the children)
- Proposed Matrimonial Property Plan (for diving of matrimonial property such as HDB flat)
- Agreed Matrimonial Property Plan
- Acknowledgment of Service
- Memorandum of Appearance
Typical duration for a divorce application process
- An uncontested divorce in Singapore can take up to four months to conclude
- A consensual divorce can similarly be concluded within four months
- A contested divorce in Singapore may require 18 months or even longer until conclusion
Dissolution of marriage for an uncontested divorce
Here are the steps involved in an uncontested divorce in Singapore:
- Filing for an uncontested divorce
- Filling for a Memorandum of Appearance
- Filing a draft of the consent order
- Granting of the interim judgement
- Granting Certificate of Final Judgement (If there are no ancillary matters)
If there are ancillary matters to be attended to:
- Pre-trial process for ancillary matters case conference
- Counselling with court family specialist (lawyer specialising in family law)
- Filing of affidavits of assets and means
- Drafting of Consent Order when both parties agree on the agreement stated
- Granting Certificate of Final Judgement
From the granting of the interim judgement to the Certificate of Final Judgement, a minimum of three months will be required.
Dissolution of marriage for a contested divorce
Here are the steps involved in a contested divorce in Singapore:
- Filing for a contested divorce
- Filling for a Memorandum of Appearance
- Filing of defence, the reply of defence, and counterclaims
- Pre-trial case conference
- Counselling with a court family specialist
- Writ hearing
- Granting of an interim judgement
- Granting a Certificate of Final Judgement (If there are no ancillary matters)
If there are ancillary matters to be attended to:
- Pre-trial process for ancillary matters case conference
- Counselling with court family specialist
- Filing of affidavits of assets and means
- Drafting of Consent Order when both parties agree on the agreement stated
- Granting Certificate of Final Judgement
From the granting of the interim judgement to a Certificate of Final Judgement, a minimum of three months will be required.
Need a divorce lawyer to assist you on your divorce matters?
As mentioned, the proceedings and the filing of divorce in Singapore and related documents are overly complex. It is advisable to seek the help of a lawyer specialising in family law when you are not confirmed when your spouse contests the divorce and starts disagreeing with you on the matrimonial assets. This contested divorce is often lengthy and complex, so there is no room for error.
Feel free to reach out to us by speaking with our senior divorce lawyer in Singapore, Mr. William Ong, who has 38 years of experience in all divorce matters.
Click here to schedule an appointment at our Toa Payoh Office.