Types of Divorces in Singapore - What you need to know

Divorce is a challenging and emotional process, and understanding the types of divorces available in Singapore can help you make informed decisions. Whether you're considering filing for a divorce or simply want to know more about the legal options, it’s important to be aware of the procedures involved, the grounds for divorce, and how these can impact the outcome of your case.

In this article, we will explore the different types of divorces in Singapore, their legal requirements, and how they may affect your case. Whether you're seeking an uncontested divorce, contested divorce, or considering separation, this guide will provide clarity to help you navigate the process.

Grounds for Divorce in Singapore

In Singapore, couples can only file for divorce on the basis of irretrievable breakdown of the marriage, which can be established through one or more of the following grounds:

1. Adultery: One party has committed adultery, and the other spouse finds it intolerable to live with them.

2. Unreasonable Behaviour: One spouse has behaved in a way that the other cannot reasonably be expected to continue living with them.

3. Desertion: One spouse has deserted the other for at least two years without consent.

4. Separation: The couple has lived separately for three years with consent, or four years without consent.

Types of Divorces

1. Uncontested Divorce in Singapore

An uncontested divorce is often the most straightforward and cost-effective way to end a marriage in Singapore. In an uncontested divorce, both parties agree on the terms of the divorce, including the division of assets, custody of children, and maintenance arrangements. This type of divorce is typically faster and less stressful since there is no need for prolonged legal battles in court.

Uncontested divorces can usually be resolved in two stages:

• Stage 1: Dissolution of marriage, where the court grants the divorce based on the irretrievable breakdown of the marriage.

• Stage 2: Ancillary matters, where issues such as division of matrimonial assets, maintenance, and child custody are settled.

Benefits of uncontested divorce:

• Faster resolution.

• Lower legal fees.

• Reduced emotional strain for both parties.

2. Contested Divorce in Singapore

A contested divorce occurs when spouses cannot agree on the terms of the divorce, including matters such as child custody, spousal maintenance, and division of assets. In this case, the divorce process can become more complex and time-consuming, as both parties will need to go to court to resolve their disagreements.

Contested divorces generally involve:

• Filing the divorce petition: One spouse files for divorce, citing one of the legal grounds for irretrievable breakdown.

• Defence: The other spouse may contest the divorce or dispute the ancillary matters (such as child custody or asset division).

• Court hearings: The case goes to trial, and the judge decides on both the divorce and ancillary matters.

Contested divorces tend to be more stressful and expensive due to the prolonged legal process and the need for representation.

When to consider a contested divorce:

• When there is disagreement on critical issues such as property division or child custody.

• When one spouse refuses to agree to the divorce terms.

3. Separation Before Divorce

In some cases, couples may choose to live separately before filing for a divorce. In Singapore, separation can be used as a basis for divorce after a specific period of time. There are two types of separation:

• Formal Separation Agreement: Couples agree to live separately and enter into a formal agreement that outlines the terms of separation (e.g., maintenance, child custody, asset division). This agreement can later form the basis of an uncontested divorce.

• Judicial Separation: This is a legal process where the court grants an official separation, allowing the couple to live apart without ending the marriage. Judicial separation does not require the couple to prove an irretrievable breakdown of marriage.

If a couple has lived separately for three years with mutual consent or four years without consent, they can use separation as grounds for divorce in Singapore.

4. Simplified Divorce Proceedings in Singapore

If you and your spouse have agreed on all matters related to the divorce, you may qualify for simplified divorce proceedings. This process is similar to an uncontested divorce but is even more streamlined and efficient. Simplified proceedings are available when there are no disputes over any aspect of the divorce, making it the fastest way to dissolve a marriage in Singapore.

To qualify for simplified divorce proceedings, couples must:

• Agree on the grounds for divorce.

• Settle all ancillary matters, including child custody, maintenance, and division of assets.

This type of divorce can often be completed within a few months, with minimal court involvement.

Key Considerations When Filing for Divorce

Divorce can be a complex legal process, and it’s important to understand the legal and emotional implications before moving forward. Whether you are opting for an uncontested divorce or facing a contested case, seeking professional legal advice is essential to ensure your rights are protected and the process is as smooth as possible.

At JK Law Chambers, our experienced divorce lawyers are here to help you navigate the intricacies of divorce law in Singapore. We offer compassionate, expert guidance tailored to your unique situation, whether you're seeking a simplified divorce or facing more complex contested proceedings.

Conclusion: Navigating Divorce in Singapore

Whether you are pursuing an uncontested divorce, contested divorce, or separation, understanding your legal options is crucial. Each type of divorce comes with its own set of challenges and considerations. By understanding the differences, you can make informed decisions that protect your interests and lead to a smoother resolution.

If you're considering filing for divorce or seeking advice on your options, our team at JK Law Chambers is here to help. Contact us today for a consultation and take the first step toward a secure future.