Singapore law now recognises divorce by mutual agreement as one way of showing that a marriage has irretrievably broken down. This allows couples who both agree that the marriage has ended to proceed with the divorce without placing blame on either party. However, divorce by mutual agreement is not simply a matter of both parties saying they want out, or a divorce. The Court must still be satisfied that the legal requirements for this ground for divorce are met before granting it.
What is divorce by mutual agreement?
Divorce by mutual agreement applies where both spouses agree that the marriage has irretrievably broken down and there is no reasonable possibility of reconciliation. The parties must jointly explain to the Court why the marriage has broken down and why they believe that it cannot continue. This is done by a written agreement filed as part of the divorce proceedings.
What must the parties explain to the Court?
Under the court requirements for divorce by mutual agreement, the parties must provide details about several matters.
This includes the reasons that led both parties to conclude that the marriage has broken down, the efforts made to reconcile, and the reasons why further attempts at reconciliation are unlikely to succeed.
The parties must also explain the consideration given to financial matters such as the division of matrimonial assets and maintenance.
Where there are children, the parties must also explain the consideration given to issues such as custody, care and control, access and children’s maintenance.
These details are important because the Court must independently assess whether the marriage has truly irretrievably broken down. Even where both spouses agree to the divorce, the court may refuse to accept the agreement if, considering all the circumstances of the case, it believes there is still a reasonable possibility that the parties may reconcile.
Why was this ground introduced?
The introduction of divorce by mutual agreement aims to reduce hostility between spouses during divorce proceedings.
Previously, parties often had to rely on fault-based allegations such as adultery or unreasonable behaviour even where both sides accepted that the marriage had ended.
The new approach allows couples to proceed with divorce in a less confrontational manner.
Does the Court automatically grant the divorce?
No. Even where both spouses agree to the divorce, the Court must still independently assess whether the marriage has irretrievably broken down.
The Court will consider the information provided by the parties, including the reasons for the breakdown of the marriage and the efforts made to reconcile.
If the Court believes there is still a reasonable possibility that the parties may reconcile, it may refuse to accept the divorce by mutual agreement application.
The Court therefore plays an active role in determining whether the legal requirements for divorce have truly been satisfied.
Is divorce by mutual agreement the same as a simplified uncontested divorce?
No. Divorce by mutual agreement and a simplified uncontested divorce are related but different concepts.
Divorce by mutual agreement is a legal ground used to show that a marriage has irretrievably broken down. It focuses on both parties agreeing that the marriage cannot continue.
A simplified uncontested divorce, on the other hand, is a procedural track for divorce proceedings. To proceed on this track, the parties must generally agree not only on the divorce itself, but also on all ancillary matters such as the division of matrimonial assets, maintenance and arrangements for children.
This means that parties may rely on divorce by mutual agreement as the legal ground for divorce even if ancillary matters are still disputed.
Where ancillary matters are not agreed, those issues may still need to be resolved separately through negotiation, mediation or court proceedings.
Is divorce by mutual agreement faster?
In many cases, divorce by mutual agreement may lead to a smoother and less confrontational process because both parties already accept that the marriage has ended.
However, the overall speed of the proceedings will often depend on whether ancillary matters can also be resolved amicably.
Where both parties agree on the divorce and all ancillary matters, the case may proceed on a simplified uncontested basis, which is generally faster and less expensive.
Where disputes remain over finances or children, those issues may still lengthen the proceedings even though both parties agree that the marriage should end.
How does this differ from a contested divorce?
A contested divorce occurs where one spouse disputes the divorce or disagrees with important issues arising from the marriage.
By contrast, divorce by mutual agreement is based on both parties accepting that the marriage has broken down and jointly explaining this to the Court.
You can read more in our guide on Can You Divorce Your Spouse Without Their Consent in Singapore?
Conclusioin
Divorce by mutual agreement provides couples in Singapore with a less confrontational way to end a marriage where both parties accept that the relationship has broken down.
However, the Court must still be satisfied that the legal requirements are met, including the explanations provided by the parties regarding reconciliation, finances and arrangements for children.
This article is provided for general educational and informational purposes only and does not constitute legal advice.
Family law disputes and divorce proceedings depend heavily on the specific facts of each case. Readers should seek independent legal advice for their particular circumstances.