How to File for Divorce in Singapore?

Below are the main steps on how to file for divorce in Singapore.

• Signing and submission of required documents to the Family Justice Court (FJC) to commence the divorce proceedings in Singapore. Specific documents you need to submit include:
  • Writ for Divorce – a document that the Plaintiff must present to the Court to officially start the divorce process.
  • Statement of Claim – a statement that includes information such as length of marriage, number of children, the fact relied on for the divorce and the reliefs claimed.
  • Statement of Particulars – a detailed statement of why the marriage has irretrievably broken down.
  • Proposed Parenting Plan – a proposal on the care arrangements for children who are below 21 years old.
  • Proposed Matrimonial Property Plan – a proposal on how to deal with/divide the Housing & Development Board (HDB) flat.
• After the documents have been accepted by the Court, they must be served personally on the Defendant. The Defendant will be given eight days after that to decide if he or she will contest the divorce. If the Defendant chooses to contest, he or she will be required to file a Memorandum of Appearance and subsequently, a Defence and Counterclaim.

• Once the Interim Judgment is granted and if the ancillary matters remain outstanding, both parties must file their Affidavits of Assets and Means which will set out their assets, income, liabilities, contributions made to the family and care arrangements pertaining to the children to enable the Court to determine a just and equitable division of the matrimonial assets, the custody, care and control and access to the children as well as maintenance for the spouse and children.

What Are the Legal Grounds for Divorce in Singapore?

Singapore divorce has only one ground, which is the irretrievable breakdown of the marriage. The party filing for divorce must prove one of the following reasons for irretrievable breakdown:

• Adultery – One party had sexual intercourse with someone other than his or her spouse.
• Unreasonable behaviour – The Plaintiff must prove claims of the Defendant’s unreasonable behaviour, which makes living with the Defendant impossible or unbearable. Unreasonable behaviour may include domestic violence, verbal abuse, alcoholism, financial irresponsibility, gambling, excessive spending, etc.
• Desertion – The Defendant has deserted the Plaintiff for at least two years with no consent or reasonable justification.
• Separation – Spouses have been living separately for at least three years with mutual consent and for four years if there was no such mutual consent.

How Much Does It Cost to File a Divorce in Singapore?

The fees for filing for divorce in Singapore depends largely on whether the divorce is contested or uncontested and will take into consideration the lawyer’s fee, disbursements, and other divorce law services in Singapore like pre-divorce consultations.

How Long Does a Divorce Process Take?

The duration of a divorce process in Singapore depends on whether it is a contested or uncontested divorce. For an uncontested divorce, the divorce can usually be finalized within 4 months. An Interim Judgment may be granted within a month after filing the court documents followed by a compulsory “cooling-off” period of 3 months before the Final Judgment can be granted. Meanwhile, a contested divorce may take up to 12 months or more, depending on the complexity of the case and level of dispute. Where parties have children below 21 years old, mediation is a mandatory process. Further, if parties are unable to agree on the divorce, they will have to proceed for a hearing before the Court can grant the Interim Judgment. If the parties cannot agree on the ancillary matters, another hearing on these issues will have to take place.

Can I Get a Divorce Even if My Spouse Refuses?

In accordance with the Divorce Law in Singapore, if your spouse does not consent to the divorce, you can proceed to file the case as a contested divorce. In such cases, the other party will be given a deadline to respond to the application for divorce. If he or she fails to respond, the Court can continue with the proceedings in the Defendant’s absence and decide on the divorce and ancillary matters based on the evidence presented.

Can I Get a Divorce Even if My Spouse is Missing?

If you have lost contact with your spouse and he or she cannot be found, you can commence contested divorce proceedings. You would then have to apply to Court for service of the documents to be dispensed with. Once the Court allows for dispensation of service, the case can proceed in the Defendant’s absence.

However, if your spouse can be contacted via e-mail, WhatsApp or any other messaging platform, you can also apply for substituted service via these methods. This will allow the divorce proceedings to continue.