- Most couples must wait until three years after the wedding before filing.
- Either spouse must be domiciled in Singapore, or have lived here habitually for the three years before filing.
- The only ground is irretrievable breakdown, proved by one of six facts.
- From 1 July 2024, a couple can divorce by mutual agreement, without either spouse being blamed.
- A divorce ends in two steps: an Interim Judgment, then a Final Judgment at least three months later.
Three years of marriage, in most cases
A divorce application generally cannot be filed within the first three years of marriage. The court may give permission to file sooner, but only where the applicant would suffer exceptional hardship or the other spouse has behaved with exceptional depravity. Permission is not given lightly.
Couples who are not yet at three years sometimes turn to a deed of separation or judicial separation in the meantime, or, if the marriage was never valid or is voidable, to nullity proceedings.
Your link to Singapore
The Family Justice Courts can hear the case if either spouse is domiciled in Singapore when it starts, or has been habitually resident here for the three years just before it starts. A Singapore citizen is presumed to be domiciled here.
For foreign couples, the question is usually whether one of them has lived in Singapore as their settled home for the full three years. Long stretches overseas can make that harder to show, so it is worth raising early with a lawyer.
One ground, six facts
There is a single ground for divorce: the marriage has irretrievably broken down. The applicant shows this through one of the following facts:
- the other spouse committed adultery, and the applicant finds it intolerable to live with them;
- the other spouse behaved in a way the applicant cannot reasonably be expected to live with;
- the other spouse deserted the applicant for at least two continuous years;
- the couple have lived apart for at least three years and the other spouse consents;
- the couple have lived apart for at least four years (no consent needed);
- both spouses agree that the marriage has irretrievably broken down (from 1 July 2024).
Divorce by mutual agreement
The newest fact allows a divorce without anyone being cast as the party at fault. Both spouses must agree that the marriage cannot be saved.
The couple tell the court why they believe this, what they have tried in order to reconcile (counselling, for example) and what they have arranged or propose for their children and finances. The court is not bound to accept it: if it thinks reconciliation is reasonably possible, it can refer the couple to counselling or mediation instead.
From filing to Final Judgment
The case starts with an originating application filed in the Family Justice Courts, which is then served on the other spouse, generally within 14 days. Parents of a child under 21 usually have to complete the Co-Parenting Programme before they file.
When the court is satisfied the marriage has broken down, it grants an Interim Judgment. The couple are still married at this stage. The court then decides the ancillary matters: arrangements for the children, maintenance and the division of matrimonial assets. The Final Judgment, which ends the marriage, can be applied for three months after the Interim Judgment, or once the ancillary matters are settled, whichever comes later.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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