Can You Divorce Your Spouse Without Their Consent in Singapore?

Introduction

Many people believe that a divorce cannot proceed unless both spouses agree to it. However, this is not always the case under Singapore law. A person may still be able to obtain a divorce even if the other spouse refuses to agree. The court’s focus is not simply whether both parties consent, but whether the marriage has irretrievably broken down.

What reasons can be given to show the court the marriage has irretrievably broken down?

Singapore law recognises several grounds that may show the irretrievable break down of the marriage. These include adultery, unreasonable behaviour, desertion, periods of separation, and divorce by mutual agreement. In some situations, a spouse may rely on separation for four years to obtain a divorce even if the other spouse objections to the divorce.

What happens if one spouse contests the divorce?

A contested divorce occurs when one spouse disagrees with the divorce or other issues such as the children, maintenance or division of assets. In such cases, the court may need to hear evidence from parties before making a decision. Contested divorce are generally more complicated and may take longer to resolve.

Can the court still grant the divorce ?

Yes, if one spouse wishes to remain marriage but the other, to divorce, the court may still grant the divorce if it is satisfied the marriage has irretrievably broken down. The court will consider the evidence presented and determine whether the legal requirements for a divorce have been met.

What about children and property?

Even where one spouse does not consent to the divorce, if the court finds that the marriage has irretrievably broken down, it must then decide issues relating to children, maintenance and division of assets. These issues are known as ancillary matters- because the court’s power to determine those issues only arise upon the court finding the marriage has irretrievably broken down.

How long can a contested divorce last?

A contested divorce usually takes longer than an uncontested one because the court must resolve the dispute between parties and that takes time. For a more detailed explanation on divorce timelines, see our guide on How Long Does Divorce Take in Singapore.

What if both spouses agree to the divorce?

Singapore law now also recognises divorce by mutual agreement as one way of showing the marriage has irretrievably broken down. This applies where both spouses agree that the marriage has irretrievably broken down and accept there is no reasonable possibility of reconciliation. Even where both parties agree, the court must still be satisfied that the legal requirements for a divorce are met.

Conclusion

A divorce in Singapore can still proceed even if one spouses disagrees. The key issue for the court to decide is if the marriage has irretrievably broken down and whether the legal requirements for a divorce are met. Understanding how a contested divorce works can help individuals better prepare for the process and the legal issues that may arise.

This article is provided for general education and information purposes only and does not constitute legal advice. Readers should seek legal advice for their particular circumstances.