Divorce & family law

Generally only after three years of marriage, and only if one of you is domiciled in Singapore or has lived here habitually for the three years before filing. You then have to show the marriage has irretrievably broken down, using one of six facts the law recognises, one of which is mutual agreement.

On the simplified track, both spouses agree on the reason for the divorce and on every arrangement for the children, maintenance and assets, so the court can deal with it quickly. A divorce is contested when the spouses disagree about the divorce itself or about some of those arrangements, and the court has to decide.

It is a private written agreement between spouses who live apart but stay married. It can set out arrangements for the children, maintenance and property during the separation, and it records when the separation began, which can matter if either of you later files for divorce on the basis of separation.

Judicial separation is a court order that lets spouses live apart while staying married, and it can be obtained before three years of marriage. Nullity is a declaration that a marriage was void from the start, or is voidable and is set aside. In both, the court can decide arrangements for children, maintenance and assets.

Ideally the parents agree, and the court will usually approve an arrangement that suits the children. If they cannot agree, the court decides custody, care and control, and access, with the children's welfare as the paramount consideration. Joint custody is the norm, and neither parent is automatically preferred.

A wife or former wife can claim maintenance, and so can a husband who is incapacitated. Both parents must maintain their children, generally until 21. The court looks first at whether maintenance is needed and then at the amount, considering each party's income, needs, standard of living and contributions.

The court divides the matrimonial pool in a way that is just and equitable, which is not necessarily half each. It weighs each spouse's financial and non-financial contributions. The HDB flat is usually a matrimonial asset whoever's name it is in, and can be transferred to one spouse, sold, or returned to HDB.

You can apply to the Family Justice Courts for a Personal Protection Order, which restrains a family member from using family violence against you, and in serious cases a Domestic Exclusion Order to keep them out of the home. Since January 2025, family violence includes emotional and psychological abuse as well as physical and sexual abuse.