Separating or divorcing

The three-year wait

Unless the court gives permission in an exceptional case, no application for divorce can be filed until 3 years have passed since the date of the marriage.

Women's Charter s 94(1)

On an application made under the Family Justice Rules, the court can allow an earlier application in a case of exceptional hardship suffered by the applicant, or exceptional depravity on the part of the other spouse.

Women's Charter s 94(2)

Showing the marriage has broken down

Either spouse can apply to the court for a divorce.

Women's Charter s 95(1)

A marriage is taken to have irretrievably broken down only in these cases:

• A spouse has committed adultery, and the other finds it intolerable to live with them (the other cannot rely on it after living together for more than 6 months after learning of it)
• A spouse has behaved in such a way that the other cannot reasonably be expected to live with them
• A spouse has deserted the other for a continuous period of 2 or more years immediately before the application
• The spouses have lived apart for a continuous period of 3 or more years immediately before the application, and both consent to the divorce
• The spouses have lived apart for a continuous period of 4 or more years immediately before the application
• The spouses agree that the marriage has irretrievably broken down, in a written agreement that meets the Charter's requirements, and the court does not consider that they might reasonably reconcile

Women's Charter s 95A(1)

If you rely on adultery, behaviour or desertion, it has to be your spouse's, not your own.

Women's Charter s 95(2)

An agreement that the marriage has irretrievably broken down must be in writing. It must state the reasons, the efforts made to reconcile, and the thought given to arrangements for your financial affairs and any child of the marriage.

Women's Charter s 95A(6)

Dividing assets and maintenance

When granting a divorce, or after it, the court can order the division of matrimonial assets between the spouses in the proportions it thinks just and equitable.

Women's Charter s 112(1)

The court looks at all the circumstances, including what each spouse contributed in money, property or work towards the assets, and to the welfare of the family, such as looking after the home.

Women's Charter s 112(2)

During matrimonial proceedings, or when granting or after a judgment of divorce, judicial separation or nullity of marriage, the court can order a man to pay maintenance to his wife or former wife, and a woman to pay maintenance to her incapacitated husband or incapacitated former husband.

Women's Charter s 113(1)

If you married under Muslim law

If you were married under Muslim law, the court under the Administration of Muslim Law Act can hear disputes about the divorces Muslim law recognises (fasakh, cerai taklik, khuluk and talak), where, when the case begins, either spouse is domiciled in Singapore or has been habitually resident there for at least 3 years immediately before it.

Administration of Muslim Law Act s 35(2)

Subject to that Act, the rule of decision in those questions is Muslim law, as varied where applicable by Malay custom.

Administration of Muslim Law Act s 35(4)