Parties should do all of the following before applying for a divorce in the Family Courts:
In order to be eligible to apply for a divorce in the Family Courts, you or your spouse must meet the following requirements:
Parties will be granted a divorce only if the court finds that their marriage has irretrievably broken down.
If you intend to file the divorce application, you must show the court that you are relying on one or more of these facts to prove that your marriage has irretrievably broken down.
You may file for divorce...
Your spouse has cheated on you by having sexual relations with someone who is not you, and you find it intolerable to live with your spouse.
As soon as infidelity is known.
Your spouse has inflicted physical or mental abuse or any other misconduct, or behaved in a manner that you cannot be reasonably expected to live with them.
At any time after the incident has taken place.
Your spouse has left you against your wishes and completely rejected the marital relationship.
After 2 years from the date of desertion.
You and your spouse have been living separately and apart, or together but maintaining different households.
Parties will need to think about all the following ancillary matters before applying for a divorce.
Includes issues relating to...
Children's care arrangements
Wife's or incapacitated husband's maintenance
The amount of financial support given to the spouse. This may be any of the following:
Costs of divorce proceedings
Who will bear the costs of the divorce proceedings. This may be:
If parties reach an agreement on the divorce and the ancillary matters before they file their divorce papers, they can file a divorce application on a simplified track.
If parties cannot reach an agreement on the divorce and the ancillary matters before they file their divorce papers, they will have to file a divorce application on a normal track.
Applying for a divorce should be the last option after all other means of resolving any marital issues have not been effective.
Parties may wish to consider attending counselling or any of the support programmes available at the Strengthening Families Programme@Family Service Centres (FAM@FSCs) and Divorce Support Specialist Agencies (DSSAs).