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Understand the requirements for getting a divorce

Parties must check if the requirements for getting a divorce in Singapore are met.

Before applying for a divorce

Parties should do all of the following before applying for a divorce in the Family Courts:

Understand the eligibility for divorce.
Understand the facts to rely on in support of a divorce.
Consider all ancillary matters relating to the divorce.

Understand the eligibility for divorce

In order to be eligible to apply for a divorce in the Family Courts, you or your spouse must:

Be a Singapore citizen or have been living in Singapore for 3 continuous years immediately prior to the filing of a divorce application.
Have been married for at least 3 years.
- You cannot file for a divorce if you and your spouse have been married for less than 3 years unless permission is obtained to do so.
Are married under civil law.
- Parties married under Syariah law should file for divorce in the Syariah Court instead.

Understand the facts to rely on in support of a divorce

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.

Legal facts	Explanation	When you may file for divorce and the evidence required
Adultery	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.	You may file for divorce as soon as adultery is known. Evidence of the act (or intention of) including videos, photographs, SMS or email exchanges, etc.
Unreasonable behaviour	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. Evidence of your spouse's act (active, passive or lack thereof).
Desertion	Your spouse has left you against your wishes and completely rejected the marital relationship.	After 2 years from the date of desertion. Evidence of the deserting spouse’s intention and physical separation.
Separation	You and your spouse have been living separately and apart, or together but maintaining different households.	After 3 years from the date of separation (if your spouse agrees to the divorce). After 4 years from the date of separation (if you have not obtained your spouse's consent to the divorce). Evidence of the intention of both parties to be apart and end the right to companionship and marriage association.
Mutual agreement	You and your spouse agree that the marriage has irretrievably broken down.	You may file for divorce as soon as you and your spouse agree that the marriage has irretrievably broken down. A written agreement (Form 271 (DOC, 34 KB)) in accordance with the Family Justice Courts Practice Directions.

Consider all ancillary matters relating to the divorce

Parties will need to think about all the following ancillary matters before applying for a divorce.

Ancillary matters	Includes issues relating to...
Children's care arrangements	Custody (who makes the major decisions). Care and control (who takes care of the children on a daily basis). Access (how often the parent who does not have care and control sees the children). Maintenance (how much financial support should be given for the children’s expenses).
Wife's or incapacitated husband's maintenance	The amount of financial support given to the spouse. This may be any of the following: A nominal sum. A specific sum per month and whether it is for a fixed period of time. One-time lump sum. No maintenance.
Assets distribution	Which assets are to be divided (for example the house). (If parties own an HDB flat) Parties may wish to contact the Housing & Development Board (HDB) on their options regarding the flat. How the assets will be divided (for example CPF monies and monies in joint bank accounts). Parties may wish to visit CPF's webpage on Division of CPF assets in a divorce.
Costs of divorce proceedings	Who will bear the costs of the divorce proceedings. This may be: Paid by one party. Shared between both parties. Each party bears their own costs.

If parties reach an agreement

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 do not reach an agreement

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.

Note

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

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