Can you divorce within three years of marriage?

The three-year rule

In Singapore, a spouse generally has to wait until the marriage has lasted at least three years before filing for divorce. The rule is one of the law's safeguards against quick and easy divorce.

The rule applies whichever fact the divorce relies on. It applies to divorce by mutual agreement too, even where both spouses want the divorce.

The exception: exceptional hardship or exceptional depravity

The court can allow a divorce to be filed before the three years are up. To do so, it must be satisfied that the spouse applying has suffered exceptional hardship, or that the other spouse has shown exceptional depravity.

The bar is high: these applications are rare and need strong evidence. Whether a situation qualifies depends closely on its facts, so it is worth getting advice before making an application.

Options while you wait

A spouse who cannot yet file for divorce, or who does not wish to, still has options for living apart on a clear footing.

• Judicial separation: a court order that formally recognises the separation. It is not subject to the three-year rule, but the spouse applying must still show that the marriage has broken down, using the same kinds of facts as for divorce. The court can make orders about children, maintenance and property, and the spouses no longer have to live together, but they remain married.
• Deed of separation: a private written agreement between the spouses setting out how they will live apart, including finances, children and property. It does not need a court order, and it can record when the separation began.
• Annulment: available only on specific legal grounds, such as non-consummation or a marriage that was invalid from the start. It is not a shortcut and needs proper evidence.

Things to keep in mind

Separation, whether by deed or by court order, does not end the marriage. Neither spouse can remarry until a divorce is granted.

The two forms of separation differ in how firmly they bind. A deed is a private agreement, so if one spouse does not keep to it, the other cannot simply ask the court to enforce it as an order. Judicial separation involves a process much like a divorce, but its terms are court orders, and a spouse who breaches them can be taken back to court.

Separation is not only a stopgap. Some couples choose it because they have moral or religious objections to divorce, or because they want time to settle practical matters first, such as waiting until an HDB flat can be sold or until the children are older.

A period of living apart may later be relevant if one spouse relies on separation as the fact for divorce, so it helps to keep a clear record of when and how the separation started.

Once the three years have passed, either spouse can file for divorce in the usual way, subject to the other requirements.

This article is general information about Singapore law, not advice on any particular case.