What Are the Grounds for Divorce in Singapore?

Introduction

Under Singapore law, a divorce can only be granted if the Court is satisfied that the marriage has “irretrievably broken down”. The legal framework governing divorce is found mainly in the Women’s Charter. In practice, a person who wishes to obtain a divorce must rely on one of several recognised facts that demonstrate the breakdown of the marriage. These facts provide the legal grounds on which the Court may grant a divorce. Understanding these grounds can help parties determine whether they are able to commence divorce proceedings and what evidence may be required.

The Legal Test: Irretrievable Breakdown of the Marriage

The central legal requirement for divorce in Singapore is that the marriage has irretrievably broken down. In plain English, this means the relationship has deteriorated to the point where it cannot reasonably be repaired. The Court determines whether this standard has been met by examining one of several legally recognised facts set out in the Women’s Charter.

Adultery

One fact relied on is adultery committed by one spouse. The party seeking the divorce must show the other spouse had sexual relations with another person during the marriage. In addition, the applicant must demonstrate that they find it intolerable to continue living with the spouse after discovery the adultery. Because direct evidence of adultery is often difficult to obtain, the Court may rely on circumstantial evidence that strongly suggests the act occured.

Unreasonable Behaviour

Another commonly relied on fact is unreasonable behaviour. This applies where one spouse has behaved in such a way that the other spouse cannot reasonably be expected to continue living with them. Examples may include persistent arguments, emotional abuse, neglect of family responsibilities, or other conduct that makes the continuation of the marriage unreasonable. In many cases, this ground is relied upon because it allows divorce proceedings to commence without the need to wait for a period of separation.

Desertion

Not a common fact relied on, desertion occurs when one spouse abandons the other without consent or a valid reason, with the intention of permanently ending the marriage. To rely on desertion, it must usually have continued for at least two years.

Separation for Three Years with Consent

A couple may also rely on separation. If the parties have lived apart for at least three years and both spouses agree to the divorce, the Court may grant the divorce on this basis.

Separation for Four Years without Consent

Where spouses have lived apart for at least four years, a divorce may be granted even if one party does not consent to the divorce. The extended period of separation is treated as strong evidence that the marriage has irretrievably broken down.

How Long Does the Divorce Process Take?

The length of divorce depends on whether and how much is contested including how fast parties are able to resolve issues relating to the children, maintenance and division of marriage assets. For a more detailed explanation of the timeline, see our article on How Long Does Divorce Take in Singapore.

Conclusion

A divorce in Singapore can only be granted if the Court is satisfied that the marriage has irretrievably broken down. The law recognises several facts that may demonstrate this breakdown, including adultery, unreasonable behaviour, desertion or separation. Understanding these grounds can help individuals determine whether they are eligible to commence divorce proceedings.