How does divorce work in Singapore?

Who can file, and on what basis

Singapore recognises a single ground for divorce: that the marriage has broken down irretrievably. The spouse who applies has to show this by relying on one of six facts set out in the law.

Two conditions come first. The marriage must generally have lasted at least three years, and at least one spouse must have a real connection with Singapore, for example by being domiciled here or by having lived here for a continuous period of at least three years before filing.

• Adultery, where the other spouse finds it intolerable to continue living together
• Behaviour that makes it unreasonable to expect the spouse to keep living with the other
• Desertion for at least two years
• Living apart for at least three years, where the other spouse consents
• Living apart for at least four years, with no consent needed
• Divorce by mutual agreement, available since 1 July 2024

Stage one: ending the marriage

The process starts when one spouse files the divorce papers with the Family Justice Courts. Where there are children under 21, the papers include a parenting plan setting out the proposed arrangements for them, and both parents are required to complete a co-parenting programme, whichever route the divorce takes.

The papers are then served on the other spouse, who can accept the divorce or contest it. If it is not contested, the court can grant an interim judgment, often without either spouse having to attend in person. If it is contested, the court holds pre-trial conferences and may suggest mediation; if those do not resolve matters, the court hears the evidence and decides. In practice, many divorces that begin as contested end with the divorce itself agreed and only the ancillary matters left in dispute.

An interim judgment means the court accepts that the marriage has broken down. It does not yet end the marriage in law.

Stage two: the ancillary matters

The ancillary matters are the practical questions that follow a divorce: the arrangements for the children, maintenance for a spouse or children, and the division of matrimonial assets, including the family home.

If the spouses agree, their agreement can be recorded by the court as a consent order. If they do not, each spouse files a sworn statement disclosing their assets, liabilities, income and expenses, and the court decides the issues at a hearing. Mediation is available at both stages to help spouses settle what they can.

Final judgment

Final judgment can be obtained no sooner than three months after the interim judgment, and only once the ancillary matters have been agreed or decided. The marriage is dissolved only when final judgment is granted, and neither spouse may remarry before then.

Contested, uncontested and divorce by mutual agreement

A divorce is uncontested when the spouses agree both on the divorce and on all of the ancillary matters. Such cases can usually go on a simplified track, which tends to be quicker and less costly. A divorce is contested when the spouses disagree on one or more issues, though they can still settle along the way, and a case that settles can then proceed as uncontested.

Divorce by mutual agreement lets spouses end the marriage without either one blaming the other. They set out in a written agreement why they believe the marriage has broken down, what they have done to try to reconcile, and how they have thought about arrangements for the children and their finances. The court must refuse the agreement if it thinks reconciliation is reasonably possible, and it can direct the couple to counselling or mediation. The three-year minimum and the three-month wait before final judgment still apply.

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