Divorce is the process through which a registered marriage is officially

One of the key significances of this event is that parties to a marriage can only remarry after they have taken the Final Judgment that is given by the Court when a Divorce is concluded.

A marriage that is ended through a Divorce is different from that that is ended through an annulment.

This is because a marriage that is ended through a Divorce is recognised as a marriage which was properly registered earlier but which has now been ended. On the other hand, a marriage that is ended through an annulment is regarded as having been improperly registered earlier, for example, because it was entered into under illegitimate and unlawful circumstances such as through an act of fraud or coercion.

If your marriage involved non-Muslim parties or you and your spouse were married under Civil Law, Divorce proceedings will take place in the Family Justice Courts.

If your marriage involved Muslim parties or you and your spouse were married under Muslim Law or Syariah Law, Divorce proceedings will take place in the Syariah Court.

You can apply to get a Divorce in the Family Justice Courts if you meet these criteria:

• Your or your spouse must be a Singapore Citizen.
• Alternatively, you or your spouse have either lived in Singapore for at least 3 years before the Divorce or plan to live in Singapore indefinitely.
• 3 years must have passed since the date of your Otherwise, you must be able to show that your spouse has caused you to suffer exceptional hardship.

A Court will only grant your application for a Divorce if you can show that there is an “Irretrievable Breakdown” of your marriage.

The “Irretrievable Breakdown” of your marriage can be proven by showing at least one of these facts:

• Adultery: your spouse committed Adultery and you find it intolerable to live with your spouse.
• Unreasonable behaviour: your spouse behaved in such a way that you cannot reasonably be expected to live with you and her.
• Desertion: your spouse deserted you for a continuous period of at least 2 years before the Divorce.
• 3 years’ Separation with consent: you and spouse must have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce.
• 4 years’ Separation without consent: you and spouse have lived apart for a continuous period of at least 4 years before the Divorce.

Adultery: you can get a Divorce by relying on the “Irretrievable Breakdown” of your marriage if you can show that your spouse has committed Adultery and that you’ve then found it intolerable to live with you and her.

If you want to use your spouse’s Adultery as a reason for Divorce, you must meet these criteria:

• You must show that your spouse has committed Adultery i.e. that your spouse had consensual sexual relations with a third party.
• You must also have stopped living together with your spouse within 6 months after the Adultery was discovered.
• You cannot use the Adultery as a basis for Divorce if you had continued to live with your spouse for more than 6 months after the Adultery was discovered.

Adultery is often difficult and expensive to show because you must show that your spouse had consensual sexual relations with a third party. This is why a Private Investigator needs to be engaged to get supporting evidence of the Adultery.

However, if you cannot show that your spouse had consensual sexual relations with the third party, you can instead show that your spouse had committed Adultery by showing that he had an “improper association” with a third party.

An “improper association” can be proven by showing that the relationship between your spouse and the third party was so intimate that Adultery can reasonably be assumed if there was the opportunity for it to occurg. using video footage of your spouse behaving physically, intimately or inappropriately with the third party.

Unreasonable behaviour: you can get a Divorce by relying based on the “Irretrievable Breakdown” of your marriage if you can show that your spouse must have behaved in such a way that you cannot reasonably be expected to live with your spouse

If you want to use your spouse’s Unreasonable Behaviour as a reason for Divorce, you must meet these criteria:

• Your spouse behaved or continues to behave in such a way that you cannot reasonably be expected to live with your spouse.
• You stopped living together with your spouse within 6 months after the final incident of Unreasonable Behaviour.
• You cannot use the Unreasonable Behaviour as a basis for Divorce if you continued to live with your spouse for more than 6 months after the final incident of Unreasonable Behaviour.

Unreasonable Behaviour can include these incidents:

• Your spouse carried out family violence by:
  • Putting a family member in fear of hurt.
  • Causing hurt to a family member.
  • Wrongfully confining or restraining a family member against their will.
  • Causing repeated harassment to cause distress to a family member, including verbal abuse, psychological or emotional abuse.
• Your spouse neglected the family (e.g. coming home late, not supporting the family financially, carelessly acquiring debts that harmfully affect the family).
• Your spouse committed Adultery with or has improper associations with a third party.
• Your spouse carried out Domestic Violence.

Desertion: you can get a Divorce by relying on the “Irretrievable Breakdown” of your marriage if you can show that your spouse has deserted you for a continuous period of at least 2 years before your application for a Divorce.

If you want to use your spouse’s Unreasonable Behaviour as a reason for Divorce, you must meet these criteria:

• You must show that your spouse has deserted you for a continuous period of at least 2 years before your application for a Divorce.
• You mustn’t have agreed to your spouse’s Desertion.

You can show that there was “constructive Desertion” meaning that your spouse left the home due to your behaviour or mistreatment.

You cannot use the ordinary wear and tear (e.g. tension) of married life on as a sufficiently serious reason for the Desertion.

Separation: you can get a Divorce by relying on the “Irretrievable Breakdown” of your marriage if you can show that you and your spouse have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce.

There are 2 types of Separation which can be relied on as a reason for Divorce:

• 3 years’ Separation with consent: this can be relied on when you and spouse have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce
• 4 years’ Separation without consent: this can be relied on when you and spouse have lived apart for a continuous period of at least 4 years before the Divorce but your spouse doesn’t agree or consent to the Divorce.

3 years’ Separation with consent: you can get a Divorce by relying on the “Irretrievable Breakdown” of your marriage if you can show that you and spouse have lived apart for a continuous period of at least 3 years before the Divorce and your spouse must agree to the Divorce.

If you want to use this as a reason for Divorce, you must meet these criteria:

• You must show that you and your spouse must have separated for 3 years.
• You and your spouse are considered as having been separated if they have lived under the same roof but sleeping in separate bedrooms and keeping separate households (e.g. financially independent and separate expenses).

4 years’ Separation with consent: you can get a Divorce by relying on the “Irretrievable Breakdown” of your marriage if you can show that you and spouse have lived apart for a continuous period of at least 4 years before the Divorce even though your spouse doesn’t agree or consent to the Divorce.

If you want to use this as a reason for Divorce, you must meet these criteria:

• You must show that you and your spouse must have separated for 4 years.
• You and your spouse are considered as having been separated if you have lived under the same roof but have been sleeping in separate bedrooms and keeping separate households (e.g. financially independent, separate expenses).
• Your spouse doesn’t need to agree to the Divorce if you’ve been separated for at least 4 years.

A Divorce is taken by submitting an official application in Court.

• If your marriage involved non-Muslim parties or you and your spouse were married under Civil Law, Divorce proceedings will take place in the Family Justice Courts.
• If your marriage involved Muslim parties or you and your spouse were married under Muslim Law or Syariah Law, Divorce proceedings will take place in the Syariah Court.

You can apply for a Divorce at in Court on your own and without engaging a Singapore lawyer.

• You’ll need to understand and meet the official requirements of conducting the case on your own (e.g. submit and submit documents to Court the correct format, pay submitting and administrative fees, speaking and providing information in Court)

As the Court won’t give you with any advice on what you must do, you’ll need to consult a qualified Singapore lawyer if you want to get legal advice on the strengths and weaknesses of your case. The Singapore lawyer can also help by preparing the documents you need on and appearing in Court on your behalf.

You’ll need to officially submit documents and information to the Court to address these issues:

• You need to show that a Divorce must be given by showing the Irretrievable Breakdown of the marriage through Adultery, Unreasonable Behaviour, Desertion or Separation.
• You need to say how you plan to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) such as:
  • Maintenance of the Wife and Children (e.g. financial support).
  • Custody, Care and Control of and Access (e.g. visitation rights) to the Children.
  • Division of the matrimonial assets and property (e.g. matrimonial home).

The Divorce process typically involves these 2 stages:

• Stage 1: the Court will decide if a Divorce must be given by looking at if there is an Irretrievable Breakdown of the marriage through Adultery, Unreasonable Behaviour, Desertion or Separation.
• Stage 2: the Court will decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) such as:
  • Maintenance of the Wife and Children (e.g. financial support).
  • Custody, Care and Control of and Access (e.g. visitation rights) to the Children.
  • Division of the matrimonial assets and property (e.g. matrimonial home).

In Stage 1 (Divorce Proceedings), the parties will present documents, information and evidence to the Court to show that a Divorce must be given (e.g. showing the Irretrievable Breakdown of the marriage through Adultery, Unreasonable Behaviour, Desertion or Separation)

In Stage 2 (Ancillary Proceedings), the parties will present documents, information and evidence to the Court to handle all other key issues resulting from the Divorce (also known as Ancillary Matters):

• Maintenance of the Wife and Children (e.g. financial support)
• Custody, Care and Control of and Access (e.g. visitation rights) to the Children
• Division of the matrimonial assets and property (e.g. matrimonial home)

After the Court has decided that a Divorce must be given (i.e. because you’ve proven the Irretrievable Breakdown of the marriage through Adultery, Unreasonable Behaviour, Desertion or Separation), the Court will decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters).

Ancillary Matters include these:

• Maintenance of the Wife by the Husband (e.g. financial support)
• Maintenance of the Children by the Parents (e.g. financial support)
• Division of the matrimonial assets and property (e.g. matrimonial home)
• Custody, Care and Control of and Access (e.g. visitation rights) to the Children

After your Divorce is given, the Court will then decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) including the division of the matrimonial assets and property.

Matrimonial assets are:

• Your matrimonial home
• Property that was acquired during your marriage
• Property that was acquired before your marriage which was:
  • Ordinarily used by your
  • Substantially improved by one or both of the spouses.
• Gifts that were substantially improved by one or both of the spouses

• Property that was acquired by you or your spouse before the marriage won’t otherwise constitute matrimonial assets and property

The Court can order the division of any matrimonial asset.

The Court will divide your matrimonial assets and property based according to an apportionment that is just and fair by giving adequate and appropriate importance to you and your spouse’s direct and indirect contribution towards the marriage.

Direct contributions include financial contributions made towards the acquisition or improvement of the matrimonial assets and property.

Indirect contributions include efforts to improve or maintain the well-being of the family

You and your spouse’s own individual roles (e.g. financial-provider or homemaker) will be equally recognised because the Court will take the view that both roles must have performed equally for the marriage to continue or thrive before the breakdown of the relationship.

The Court will divide and apportion your matrimonial assets and property in a fair manner after looking at a range of factors.

These factors include:

• Contributions made by you and your spouse towards acquiring, improving or maintaining the matrimonial assets and property (e.g. income and capital investment).
  • The more contributions to the asset acquisition, the more the Court is likely to give.
  • At the very least, one party’s larger amount of contribution can support a larger proportion being awarded to that party.
• Debt owed or responsibility incurred and undertaken by you and your spouse for the joint benefit of both you or your Children.
  • The Court can reduce the amount awarded to one party by the amount of the debt that was incurred by that party.
• Needs of your Children.
  • For example, the Court can feel that the needs of your Children must take priority over the dividing of the matrimonial property because the Court recognises that the needs of your Children are paramount. In such a situation, the Court can order that your Children be allowed to live in the matrimonial property until the youngest Child is 21 years old before the matrimonial property will be divided.
• Contributions made by you and your spouse towards the welfare of your family (e.g. homemaker, caregiver for Children and dependents).
  • In this way, the Court will recognise the non-financial contributions of the homemaker who helped to create and maintain a positive home environment.
• Agreement between you and your spouse regarding the ownership and division of the matrimonial assets and property made in contemplation of divorce (e.g. prenuptial agreement, postnuptial agreement or Deed of Separation).
  • Whether a prenuptial agreement will be recognised by the Court will depend on the unique facts of each case.
• Period of rent-free occupation (or other benefits) enjoyed by you or your spouse in the matrimonial home to the exclusion of the other party.
• Assistance or support (financial and non-financial) given by you or your spouse to the other party
  • This includes the assistance or support given by you or your spouse which has helped the other party carry on an occupation or business.
• Amount of Maintenance paid to the Husband’s former Wife.

After your Divorce is given, the Court will then decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) including the Maintenance of the Wife and Children (e.g. financial support).

Maintenance is the financial support that is given to pay for the reasonable costs of accommodation, clothing, food and living expenses needed by a Wife or Child.

In Singapore, every Husband has legal responsibility and duty to give Maintenance for his Wife and every Parent has the same duty to give Maintenance for the Parent’s Child.

A Wife can officially apply to the Court to get a Maintenance Order which will officially order and need your Husband to give Maintenance to her (the Wife) or their Children.

• The Wife has a right to claim Maintenance from the Husband regardless of her misconduct
• However, a Wife’s misconduct can affect the amount of Maintenance that she is awarded by the Court
• The duty of a Husband or Parent to give Maintenance for the Wife and Child exists regardless of if Divorce proceedings are ongoing.
• This means a Husband and Father has a duty to maintain his Wife and Children even when the marriage has not broken down and when the marriage has not been ended.

Maintenance is given by paying a monthly allowance or making a lump sum payment.

In Singapore, the Husband has legal responsibility and duty to maintain or contribute to the Maintenance of Wife or ex-Wife (e.g. reasonable cost of accommodation, clothing, food and education).

The Husband’s duty to maintain his ex-Wife will typically close when she remarries or when he is deceased (whichever takes place earlier).

The Court will decide the amount of Maintenance to be paid looking at these factors:

• Financial needs of the Wife.
• Income, earning capacity, property and other financial resources of both the Wife and Husband.
• Any physical or mental disability of the Wife.
• Age of each party and the duration of the marriage.
• Contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family.
• Standard of living enjoyed by the Wife before the Husband neglected or refused to give reasonable Maintenance for the Wife.
• Any value and benefit which one party would stand to lose as a result of the Divorce (e.g. pension)
• Conduct of the parties.

In determining the amount of Maintenance to be paid by the Husband, the Court typically aims to place the Husband and Wife in the financial position in which they would have if the marriage had not broken down.

This is because the general aim of requiring a former Husband to maintain his former Wife is to even out any financial inequalities between the spouses and, if you need, take into account any economic prejudice suffered by the former Wife during the marriage (e.g. a Wife suffered financial loss because she has sacrificed her career or lost out in her earning capacity to look after the family).

In Singapore, Parents have a legal responsibility and duty to maintain or contribute to the Maintenance of their Children (e.g. reasonable cost of accommodation, clothing, food and education).

This duty exists regardless of:

• Whom the Children are in the custody of
• Whether the Children are legitimate or illegitimate

Each Parent has an equal duty to maintain the Children and the starting point is both Parents must bear the financial burden equally.

This typically means that one Parent mustn’t automatically need to pay more Maintenance simply because he has more money and, likewise, one Parent mustn’t automatically need to pay less Maintenance simply because he has less money.

A Parent must maintain a stepchild if the Child was accepted as a member of the Parent’s family and where the Child’s biological Parents do not give full Maintenance.

Maintenance is given by paying a monthly allowance or making a lump sum payment.

The Court will decide the amount of Maintenance to be paid looking at these factors:

• Financial needs of the Child.
• Income, earning capacity, property and other financial resources of both the Child and Parents.
• The ratio of total earning income of both Parents (i.e. the financially stronger Parent typically pays more).
• Any physical or mental disability of the Child.
• Age of each Parent and the duration of the marriage.
• Contributions made by each of the parties to the marriage to the welfare of the family, including any contribution made by looking after the home or caring for the family.
• Standard of living enjoyed by the Wife or Child before the Parent neglected or refused to give reasonable Maintenance for the Child.
• How the Child was already being educated and how the Parents expected you to continue to be educated.
• Conduct of the parties.

The Court can amend any agreement made between the Parents regarding the Child’s Maintenance.

A Parent’s duty to give Maintenance typically ends when the reaches the age of 21 or when the Child becomes financially independent.

However, the Court has the authority to order that the Maintenance continue to be given after the Child reaches the age of 21 e.g. until the completion of the Child’s tertiary education or until the Child recovers from any medical treatment or disability.

If the Husband fails to pay Maintenance (whether or not this is previously ordered), the Wife can submit an official application to the Court to get a Maintenance Order which will officially order the Husband to give Maintenance to her and their Children.

If the Husband fails to comply with the Court’s Maintenance Order to make Maintenance payments, he can be prosecuted for a criminal offence punishable by imprisonment.

The Husband must pay the outstanding Maintenance even if he has already been prosecuted and punished for the non-compliance of the Court’s Maintenance O

The Court can also order that the Maintenance payments be taken from the Husband in these ways:

• Garnishee Order: this means that a bank or third party will be ordered to pay monies for the Maintenance directly from the Husband’s bank account or funds.
• Attachment of Earnings Order: this means that the Husband’s employer will be ordered to retain a portion of his salary which will be used to pay for the Maintenance directly.

Either spouse can apply to the Court to have the Maintenance Order rescinded (i.e. withdrawn and cancelled) or changed (i.e. changed and amended).

To do so, you must be able to show that there is a material change in your circumstances, such as in these situations:

• A Wife can apply for the Maintenance amount to be increased if the material change in her circumstances mean that she now needs a larger amount of Maintenance (e.g. unable to work due to a medical condition, having to pay for the treatment a Child’s medical condition)
• A Husband can apply for the Maintenance amount to be decreased if the material change in his circumstances mean that he is now unable to pay the same amount of Maintenance (e.g. retrenchment, unemployment, unable to work due to a medical condition, having to pay for the treatment of a medical condition)

In determining how much the Maintenance must be changed, the Court can also take into account any change in the general cost of living.

If the Maintenance Order is rescinded (i.e. withdrawn and cancelled), this means that the Husband and Father will then not need to continue to pay Maintenance under the terms of that Maintenance O

If the Maintenance Order is changed (i.e. changed and amended), this means that the Husband and Father will then need to pay the changed and updated amount (i.e. an increased or reduced amount of Maintenance).

After your Divorce is given, the Court will then decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) including the custody, Care and Control of and Access (e.g. visitation rights) to your Children.

A “Child” is defined by the Women’s Charter as a Child of the marriage who is below 21 years of age.

A “Child of the marriage” includes these:

• A biological Child of the Husband and Wife.
• An adopted Child of the Husband and Wife.
• Any other Child (whether or not a Child of the Husband or the Wife) who was living with and regarded as a member of the family of the Husband and Wife at the point in time when the Divorce was commenced or immediately prior to the Divorce. This would include stepchildren or illegitimate Children.

Custody: this means your right, as a Parent, to make important and key decisions over major aspects of the Child’s upbringing and welfare, such as those affecting these:

• Religion e.g. if your Child must receive religious instruction, attend a place of worship or participate in religious activities and ceremonies.
• Education e.g. if your Child must attend a particular school or enrichment class, or if your Child must participate in a particular co-curricular or extra-curricular activity.
• Medical and health treatment e.g. if your Child must get and undergo a particular type of medical treatment.

Care and Control: this means your right, as a Parent, to have authority and responsibility for the day-to-day matters of the Child (i.e. caring for and supervising the Child on a day-to-day basis)

• The Child will live with the Parent who is given Care and Control of the Child

Access: this means your right, as a Parent, to have contact and physical Access to and spend time with your Child if you’ve not been given Care and Control of your

• The goal and purpose of this are to ensure that the Parent who doesn’t have Care and Control of the Child still has sufficiently regular contact and adequate opportunities to develop and maintain a good Parent-Child relationship with the Child.
• For example, a Parent can be given with day-time Access to the Child for a specific number of days during the week and overnight Access during the weekend.

The Court’s orders regarding Custody, Care and Control and Access typically end when your Child reaches the age of 21 or when the Child becomes financially independent.

However, the Court has the authority to order that the orders continue to be in place after your Child reaches the age of 21 e.g. until your Child recovers from any medical treatment or disability.

The Court can order that the custody be awarded jointly to both Parents or solely to a Single Parent.

The Court will give Custody based on the principle that the welfare of the Child is the paramount (i.e. most important) attention.

• The Court can also take into attention the Child’s wishes.

Joint Custody (i.e. Custody shared by both Parents): this is often ordered because the Court typically believes that it is in the best interests of the Child to have both Parents in the Child’s life.

• The Court typically prefers not to intervene unnecessarily in the Parent-Child relationship.
• However, joint Custody is often awarded because it ensures that both Parents can continue to play a part in the Child’s life.
• Joint Custody also helps to encourage both Parents to be cooperative and consult each other in raising the Child and not to exclude one another.

Sole Custody (i.e. Custody given to one Parent): this only happens in exceptional circumstances such as these:

• If a Parent is clearly incapable of being responsible for the upbringing and welfare of the Child.
• If a Parent has a track record of acting against the best interests and welfare of the Child (e.g. physically abusing or neglecting the Child).

The Court will give Care and Control based on the principle that the welfare of the Child is the paramount (i.e. most important) attention.

• The Court can also take into attention the Child’s wishes.

Typically, one Parent will be given Care and Control of the Child and the other Parent (without Care and Control) will be given Access to the Child.

Although shared Care and Control has sometimes been supported by the Court, this type of arrangement is uncommon because it would tend to disrupt the Child’s day-to-day routine (and this would not be in the best interests of the Child’s welfare).

Here are some general examples of what the Court looks at in deciding which Parent must be given Care and Control:

• If the Child is young (and given all other factors are equal), the Court will prefer to give Care and Control to the Mother.
• The maternal bond between the Mother and an infant and young Child is a key attention.
• The Court tries to maintain the status quo (i.e. maintain the current and existing continuity of living arrangements).
• Siblings mustn’t be separated.
• Other important characteristics of the Parents which can support one Parent being preferred over the other Parent such as:
  • Bad habits e.g. gambling, smoking, alcohol.
  • Illness e.g. depression, psychiatric condition.
  • Time already spent bonding with Child.
  • Availability and working hours of the Parent.
  • Focus or preoccupation with a Parent’s career.
  • Whether a Parent has shown interest in the Child’s welfare and well-being (e.g. education, health).

The Court will give Care and Control based on the principle that the welfare of the Child is the paramount (i.e. most important) consideration and factor.

• The Court can also take into attention the Child’s wishes.

The goal and purpose of giving Access to the Parent who doesn’t have Care and Control of the Child are to ensure that the Parent still has sufficiently regular contact and adequate opportunities to develop and maintain a good Parent-Child relationship with the Child and so that the Child isn’t deprived of contact with either Parent.

The Court can restrict or deny Access to a Parent if it isn’t in the best interests of the Child’s welfare.

Here are some general observations and examples of what the Court looks at in deciding which Parent must be given Access:

• The terms of Access must be fair to all parties as much as possible. For example, this recognises that the Parent without Care and Control of the Child will already be deprived of a substantial amount of contact with the Child because the Child doesn’t live with that Parent.
• Parents must discuss and agree (and compromise, if you need) on an arrangement for Access based on what is fair, reasonable and logistically feasible (e.g. weekday Access, weeknight Access, weekend Access, overnight Access, overseas Access, public and school holiday Access, supervised Access, unsupervised Access).
• If the Parents are unable to agree on the terms of Access, the Court will decide after looking at the Parents’ own individual reasons.

The Divorce process typically involves these 2 stages:

• Stage 1: the Court will decide if a Divorce must be given by looking at if there is an Irretrievable Breakdown of the marriage through Adultery, Unreasonable Behaviour, Desertion or Separation.
• Stage 2: the Court will decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) such as:
  • Maintenance of the Wife and Children (e.g. financial support).
  • Custody, Care and Control of and Access (e.g. visitation rights) to the Children.
  • Division of the matrimonial assets and property (e.g. matrimonial home).
• Either or both of these 2 stages can be Contested (i.e. challenged and disputed) or Uncontested (i.e. unchallenged and undisputed)
• If the proceedings are Uncontested, this means that you or your spouse accept the key facts which the other party is relying on and accept the key requests and demands which the other party is requesting.
• This means that the documents, information and evidence that you’ve presented to the Court are accepted without a separate Court hearing (known as a trial) being held for the Court to decide if it should accept your version of events or your requests.
• However, if the proceedings are Contested, this means that you or your spouse disagree and challenge key facts which the other party is relying on or the key requests and demands which the other party is requesting for.
• This means that the Court must carry out a trial to decide if it should accept your version of events or your requests by looking at the documents, information and evidence that you and your spouse have presented to the Court.

The Divorce process typically involves these 2 stages:

• Stage 1: the Court will decide if a Divorce must be given by looking at if there is an Irretrievable Breakdown of the marriage through Adultery, Unreasonable Behaviour, Desertion or Separation.
• Stage 2: the Court will decide how to handle all other key issues resulting from the Divorce (also known as Ancillary Matters) such as:
  • Maintenance of the Wife and Children (e.g. financial support).
  • Custody, Care and Control of and Access (e.g. visitation rights) to the Children.
  • Division of the matrimonial assets and property (e.g. matrimonial home).
• The proceedings in either or both of these 2 stages can be Contested (i.e. challenged and disputed) or Uncontested (i.e. unchallenged and undisputed).
• Contested Divorce proceedings can occur in these situations:
  • A Contested Divorce happens when your spouse doesn’t agree with and wants to challenge and defend your application for Divorce.
  • For example, your spouse can remain married to you or he can disagree with your basis and reasons for the Divorce (e.g. he doesn’t agree that there was Adultery, Unreasonable Behaviour, Desertion or Separation)
  • Contested Ancillary Proceedings occur when your spouse wants to challenge and challenge your requests or views on how to handle the Ancillary Matters (e.g. Maintenance, division of matrimonial assets and property, Children).
  • For example, your spouse can disagree with your views on how much Maintenance must be paid, how to divide the matrimonial assets and property or how to resolve the amount of Access to the Children)
• Uncontested Divorce proceedings occur when you and your spouse agree as to how to handle the matter at hand (e.g. if a Divorce must be given or how to handle the Ancillary Matters).

Occasionally, a Divorce is partly-Contested and partly-Uncontested, such as in these situations:

• Uncontested Divorce and Uncontested Ancillary Proceedings: this happens when your spouse doesn’t challenge your application for a Divorce (i.e. willing to close the marriage) and you’re both in agreement as to how the Ancillary Matters must be dealt with (i.e. willing to agree on how to handle Maintenance, division of matrimonial assets and property, Children).
• Uncontested Divorce and Contested Ancillary Proceedings: this happens when your spouse doesn’t challenge your application for a Divorce (i.e. willing to close the marriage) but wants to challenge and challenge your requests or views on how to handle the Ancillary Matters (i.e. unwilling to agree on how to handle Maintenance, division of matrimonial assets and property, Children).
• Contested Divorce and Uncontested Ancillary Proceedings: this happens when your spouse wants to challenge your application for a Divorce (i.e. unwilling to close the marriage) although you’re both in agreement as to how the Ancillary Matters must be dealt with (i.e. willing to agree on how to handle Maintenance, division of matrimonial assets and property, Children).
• Contested Divorce and Contested Ancillary Proceedings: this happens when your spouse wants to challenge both your application for a Divorce (i.e. unwilling to close the marriage) and your requests or views on how to handle the Ancillary Matters (i.e. unwilling to agree on how to handle Maintenance, division of matrimonial assets and property, Children).

Proceedings in either or both of the 2 stages of a Divorce can be Contested (i.e. challenged and disputed) or Uncontested (i.e. unchallenged and undisputed).

If the proceedings are Uncontested, this means that you or your spouse accept the key facts which the other party is relying on and accept the key requests and demands which the other party is requesting.

This means that the documents, information and evidence that you’ve presented to the Court are accepted without a separate Court hearing (known as a trial) being held for the Court to decide if it should accept your version of events or your requests.

However, if the proceedings are Contested, this means that you or your spouse disagree and challenge key facts which the other party is relying on or the key requests and demands which the other party is requesting for.

This means that the Court must carry out a trial to decide if it should accept your version of events or your requests by looking at the documents, information and evidence that you and your spouse have presented to the Court.

As a trial will need additional time, effort, resources and costs (e.g. personal stress, legal fees) to prepare for and handle, Contested Divorce proceedings can be more demanding to conduct compared to Uncontested Divorce proceedings.

With this in mind, you (and your Children and other concerned family members) can benefit from having Uncontested Divorce proceedings and avoiding a trial. By discussing, negotiating and agreeing with your spouse how to resolve and handle the breakdown of the marriage and to handle the Ancillary Matters (e.g. Maintenance, division of matrimonial assets and property, Children), you (and your spouse) will save the time, effort, resources and costs which would otherwise have needed in Contested Divorce proceedings.

If you and your spouse are looking at getting a Divorce and you’re already separated or planning to separate (i.e. living in separate households), you can prepare a document known as a Deed of Separation to help state the key facts and terms which you’ve both willingly agreed to, relating to recognising that your relationship or marriage has broken down and how your Ancillary Matters (e.g. Maintenance, division of matrimonial assets and property, Children) will be dealt with in the event that a Divorce is eventually taken.

Some of the issues and terms that the Deed of Separation can cover include these:

• The relationship and marriage has irretrievably broken down
• The commencement and start date of the Separation (i.e. the date on which the parties first separated or began to live in separate households)
• How the ongoing Separation will take place and be managed relating to these:
  • The parties’ living and financial arrangements
  • The Children’s’ living, Access and financial arrangements
• How much Maintenance will be paid to the Wife and Children
• How the couple’s matrimonial assets and property and properties will be divided
• How the couple’s debts will be paid
• How the couple’s Children will be cared for (e.g. Custody, Care and Control, Access)
• Whether either party can get a Divorce through uncontested Divorce Proceedings and Ancillary Proceedings when the 3 years’ or 4 years’ Separation period completes.

• A Deed of Separation can also give for the terms to be changed and renegotiated (e.g. if there’s a material change in the parties’ personal and financial situation). This helps to ensure that the terms of the Deed of Separation remain appropriate and can still be complied with over time.

A Deed of Separation is legally binding on the parties and recognised by the Court.

In deciding how much importance will be given to the Deed of Separation during Divorce Proceedings, the Court will take into account several factors including these:

• Whether both you and your spouse had willingly entered into the Deed and agreement (i.e. without duress, undue influence).
• Whether both you and your spouse fully understood the terms of the Deed and agreement (i.e. without mistake, misrepresentation or fraud).
• Whether the terms and arrangements contained in the Deed and agreement are fair and reasonable to both you and your spouse (i.e. not biased, unfair).

If you and your spouse are expected to be separated for some time before a Divorce is eventually taken, a Deed of Separation will help you both to set clear rules as to how your living and financial arrangements during the ongoing Separation will be managed:

• This will help to reduce potential issues of challenge from arising and minimise the likelihood of disagreements between you and your spouse during the ongoing Separation.
• In doing so, the Deed of Separation can help to reduce the likelihood of unhappiness or ill-feeling between you and your spouse when you start Divorce Proceedings later.

A Deed of Separation also helps to clarify and confirm when the period of 3 years’ or 4 years’ of Separation will start and finish so that you and your spouse can proceed to use the Separation as a basis for the Divorce at the appropriate time.

Although you and your spouse need to spend time and effort on reaching an agreement in the Deed of Separation as to how the Ancillary Matters will be dealt with (even before Divorce Proceedings are even started), this can eventually help save time and costs because the Deed of Separation can be used to clearly state that the terms of the Divorce and exactly how the Ancillary Matters will be dealt with:

• For example, the Deed of Separation can say that both you and your spouse agree that either of you can get an uncontested Divorce after the important Separation period is completed.
• In addition, the Deed of Separation can state exactly how all the Ancillary Matters (e.g. Maintenance, division of matrimonial assets and property, Children) will be dealt with and this would eliminate the need or likelihood of contested Ancillary Proceedings.

In this way, a Deed of Separation can help to bring about uncontested divorce and ancillary matters proceedings which means that you (and your Children and other concerned family members) can stand to save the time, effort, resources and costs which would otherwise have needed in contested proceedings.

If you’re the victim of Family Violence, you can apply for a Personal Protection Order (PPO) to stop (i.e. prohibit) the offender from using family violence against you or your family members.

The meaning of Family Violence is detailed in the Women’s Charter.

The offender is regarded as having carried out Family Violence if that person commits one of these acts against you or a family member:

• Wilfully or knowingly putting or attempting to put you or a family member in fear of hurt.
• Causing hurt to you or a family member by doing something which that person knows or must have known would result in hurt.
• Wrongfully confining or restraining you or a family member against your will or their will.
• Causing continual harassment to you or a family member with intent to cause you anguish or knowing that it is likely to cause you anguish

Family Violence doesn’t include any force lawfully used in self-defence, or by way of correction towards a Child below 21 years of age (i.e. for the purpose of disciplining a Child).

The Court will regard these persons as family members:

• Your spouse or former spouse
• Your Child of the person, including an adopted Child and a stepchild
• Your Father or Mother
• Your Father-in-law or Mother-in-law
• Your Brother or sister
• Any other relative
• Any other person whom the Court feels must be regarded as a member of your family because of his incapacity, physical or mental disability, ill-health or old age

If you’re the victim of Family Violence, you can apply for a Personal Protection Order (PPO) to restrain (i.e. prohibit) you from using family violence against you or your family members.

A Personal Protection Order (PPO) is an Order given by the Court which restrains (i.e. prohibits) you from using family violence against you or a family member.

A breach of a Personal Protection Order (PPO) is a criminal offence under section 65(8) of the Women’s Charter.

If you are found guilty of committing an offence of breaching a PPO, that person can be punished with a fine of up to $2,000 and/or up to 6 months’ imprisonment.

Repeat offenders can be punished with enhanced (i.e. more severe) punishment of a fine of up to $5,000 and / or up to 12 months’ imprisonment.

A Personal Protection Order (PPO) is obtained by making an application at the Family Justice Courts.

You can apply for a PPO on your own and without engaging a Singapore lawyer.

If you decide to apply for a PPO on your own without the assistance of a Singapore lawyer, you’ll need to understand and meet the official requirements of conducting the case on your own (e.g. submit and submit documents to Court the correct format, pay submitting and administrative fees, speaking and providing information in Court)

As the Family Justice Courts won’t give you with any advice on what you must do, you must consult a qualified Singapore lawyer if you want to get legal advice on the strengths and weaknesses of your case. The Singapore lawyer can also help by preparing the documents you need and appearing in Court on your behalf.

In applying for a PPO, you’ll need to submit documents and information to the Court that show these:

• Prove that family violence is carried out or is likely to be carried out against you.
• Prove that the PPO is you need to protect you.

After the application is submitted, the Court will typically need to carry out a trial to decide if it should accept your version of events or your requests by looking at the documents, information and evidence that you and the offender have presented to the Court.

If the offender doesn’t want to challenge your application for a PPO, he can agree to give an official undertaking (i.e. promise) to the Court to give his assurance that he’ll stop committing family violence. If the offender breaches this undertaking, the Court can accept his conduct as enough basis to grant the PPO without needing to take into account any further evidence or trial.

The Court has the discretion to decide on how long a Personal Protection Order (PPO) must last

• The Personal Protection Order (PPO) will last for an indefinite period (i.e. without an expiration date) if the Court doesn’t specify a particular period of duration.

The offender (or respondent) against whom a Personal Protection Order (PPO) is given can apply to the Court to review the terms of the PPO or to revoke (i.e. cancel) the PPO.

There are a number of other Orders that the Court can make when you apply for a PPO.

These Orders are given to handle other potential issues regarding circumstances underlying or surrounding the family violence, such as if the offender must be physically separated from the victim and prohibited from entering the home where the family violence has occurred or is likely to occur.

The Court can make give other directions and instructions to ensure that the Court’s Orders are capable of being carried out

Counselling Order: This needs the parties to undergo mandatory and compulsory counselling sessions under the Mandatory Counselling Programme managed by the Ministry of Social and Family Development (MSF).

• Failure to comply with a Counselling Order to attend counselling sessions is considered an act that is in contempt of Court (and which can be punished with a financial penalty or imprisonment).
• The Mandatory Counselling Programme mainly aims to achieve these:
  • Educate the parties on how to resolve conflicts and behave appropriately towards one another
  • Prevent and close family violence
  • Provide victims of family violence with a source of support and assistance

Expedited Order (EO): This is a short-term PPO that is given on an urgent basis without a full trial being conducted in Court (i.e. without evidence being officially admitted through witnesses for the Court’s attention).

• To get an EO, you must show that there’s an imminent danger of family violence (i.e. that family violence is about to be carried out).
• An Expedited Order (EO) lasts for 28 days and can be extended by the Court.

Domestic Exclusion Order (DEO): This tells the offender to leave your home or prohibits (i.e. disallows) the offender from entering your home or any part of the home.

• The Domestic Exclusion Order (DEO) only limits the offender’s right to live in the home and doesn’t affect the offender’s ownership of the home
• A Domestic Exclusion Order (DEO) will be given if the Court feels that it is you need for protection or personal safety of you or other family members