- The only ground for divorce is that the marriage has broken down irretrievably.
- You prove it with one of six facts. Divorce by mutual agreement has been one of them since 1 July 2024.
- You generally cannot file until three years after the wedding, unless the court allows an earlier filing for exceptional reasons.
- Parents with a child under 21 must complete the Co-Parenting Programme before filing.
- The marriage only ends when the Final Judgment is granted, at least three months after the Interim Judgment.
The one ground, and the six facts
Under the Women's Charter, a court will grant a divorce only if it is satisfied that the marriage has broken down irretrievably. You show this by proving one of six facts:
- adultery by the other spouse
- unreasonable behaviour by the other spouse
- desertion for a continuous period of at least two years
- three years' separation, where the other spouse consents to the divorce
- four years' separation, where no consent is needed
- divorce by mutual agreement
Separation and desertion
Separation can count even if you still live under the same roof, as long as you lead completely separate lives. Desertion means one spouse has left for at least two years with no intention of coming back.
Divorce by mutual agreement
Since 1 July 2024, couples can divorce on the basis that they both agree the marriage is over, without either side having to prove fault. They file a written agreement explaining why they have concluded the marriage has broken down, what they have done to try to reconcile, and what arrangements they have considered for the children and finances.
The court still decides. It will not accept the agreement if it thinks reconciliation is reasonably possible, and it can refer the couple to counselling, mediation or family support programmes.
When you can file
As a rule, you cannot file for divorce until three years after the date of your marriage. This applies to divorce by mutual agreement too. An earlier filing is allowed only if the court accepts that there is exceptional hardship to you or exceptional depravity by your spouse.
Parents with at least one child under 21 must each complete the Co-Parenting Programme before filing, and file the completion certificate with the divorce papers.
There are also rules about whether a Singapore court can hear your divorce, which depend on your connection to Singapore. A lawyer can check this with you before you file.
How the case runs
Since 15 October 2024, most family cases start with a single document called an Originating Application, and the person filing is called the Applicant.
A divorce then runs in two stages. First the court decides whether the marriage should end; if it is satisfied, it grants an Interim Judgment. Second, the court deals with the ancillary matters: the children, maintenance and the division of matrimonial assets, unless these have already been agreed.
The Final Judgment can be obtained once at least three months have passed since the Interim Judgment and the ancillary matters are resolved. Only the Final Judgment legally ends the marriage, so neither spouse can remarry before then.
Getting advice
Which fact to rely on, and whether to settle the arrangements first, can shape how long and how costly the divorce is. A lawyer can look at your situation and explain the realistic options before you file.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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