Process For Getting Divorced In Singapore (With Diagram)

What is the Divorce Process in Singapore?

In Singapore, divorce is a 2-stage process for both contested and uncontested divorces. The first stage is called dissolution of marriage, where the court will decide whether the marriage has irretrievably broken down. If it has, the court will grant an Interim Judgment to officially dissolve the marriage.

The second stage of the divorce is called the ancillary matters stage, where the court will decide how the parties’ affairs should be dealt with. Such affairs include spousal maintenance and child custody.

Parties can only apply to make the Interim Judgment final 3 months after receiving it, or upon settling all ancillary matters, whichever is later. The parties will then receive a Certificate of Final Judgment. This concludes all divorce proceedings.

This article will cover:

• Requirements for Getting a Divorce in Singapore
• Before Filing for Divorce in Singapore
• Application Process for Divorce in Singapore
• Can I Divorce Without a Lawyer?
• Frequently Asked Questions About Divorce

In this article, “Plaintiff” refers to the spouse filing for divorce, and “Defendant” refers to the other spouse who is defending against the divorce.

Requirements for Getting a Divorce in Singapore

Eligibility for divorce in Singapore

In order to obtain a divorce in Singapore, either you or your spouse must meet the following eligibility requirements under sections 93 and 94 of the Women’s Charter:

1. Be domiciled in Singapore at the point of the commencement of divorce proceedings OR habitually resident in Singapore for at least 3 years, before the commencement of divorce proceedings; AND
2. Have been married for at least 3 years, unless the party filing for divorce has suffered exceptional hardship or exceptionally unreasonable and cruel behaviour

The above-mentioned requirements may not be applicable to you if you were married under Muslim law. Find out how to get a divorce under Muslim law here instead.

Irretrievable breakdown of marriage: what are the grounds for divorce in Singapore?

Next, you must prove that the marriage has irretrievably broken down. This is the only legal ground for divorce in Singapore.

There are a few ways of showing that your marriage had irretrievably broken down. These ways are found under section 95A(1) of the Women’s Charter:

1. Adultery: The Defendant has committed adultery and the Plaintiff finds it intolerable to live with the Defendant
2. Unreasonable behaviour: The Defendant has behaved in such a way that the Plaintiff cannot reasonably be expected to live with the Defendant
3. Desertion: The Defendant has deserted the Plaintiff for at least 2 years
4. Separation: The parties have separated for at least 4 years (or 3 years if the Defendant consents to the divorce)
5. Mutual agreement: The parties agreed in writing that the marriage has irretrievably broken down. The agreement must state the reasons for the break up, the efforts made to reconcile and their considerations regarding the arrangements of their financial affairs and any child of the marriage.

Read more about these facts for proving irretrievable breakdown of marriage in our other article.

Before Filing for Divorce in Singapore

If you and your spouse have at least one child under 21 years old, and are unable to agree on the legal ground for divorce and all ancillary matters, both of you will be required to attend a Mandatory Co-Parenting Programme (CPP).

This programme is conducted by the Ministry of Social and Family Development (MSF) and aims to help divorcing parents make informed decisions that prioritise their children’s needs and well-being.

Application Process for Divorce in Singapore

The following is a step-by-step infographic that summarises the eligibility requirements for getting a divorce, and the process of obtaining a divorce in Singapore. You may click on it to download it in a new tab.

Uncontested divorce means applying for a divorce on a simplified track, where both parties agree that the marriage has irretrievably broken down.

The party who intends to file for divorce first will need to file certain documents in the Family Justice Courts to start the divorce process. The relevant filing fees need to be paid as well. These documents include:

Document	Purpose of Document
Originating Application for Divorce	The court document filed by the Plaintiff to commence divorce proceedings against the Defendant. It should contain all the following: A copy of your marriage certificate. Your particulars. The respondent’s particulars. Your marriage details. Information on jurisdiction – that is, whether the court has legal power to deal with your application. Details about any children you have (if applicable). Any existing court matters you may have. The facts you are relying on to show that your marriage has irretrievably broken down. The relief you are seeking from the respondent for the ancillary matters. Brief reasons (but not evidence) which support the fact or facts to be proved. The search results related to bankruptcy proceedings (if applicable) and any details of any pending bankruptcy proceedings (if applicable).
Certificate of completion for the CPP	As mentioned earlier, it is compulsory for you to attend the CPP before filing a matrimonial application for divorce if the parties have children under 21 years of age.
The Respondent’s Consent to the Originating Application for Divorce (including consent to draft ancillary reliefs order (if any))	To inform the court that you are commencing the divorce on a simplified track, you have to prove that both parties have agreed that the marriage has irretrievably broken down by submitting the Respondent’s consent. If the respondent / defendant is represented by lawyers, the respondent’s lawyers may sign the document. If the respondent is not represented by lawyers, the respondent must complete and sign this document before a Commissioner for Oaths.
The Applicant’s Affidavit of Evidence in Chief (includes the request for a hearing date)	The applicant/plaintiff must complete and sign this document before a Commissioner for Oaths.
Draft Ancillary Reliefs Order (if any)	If both parties agree on all ancillary matters, this document is to be submitted. When filed with the Originating Application for Divorce (Simplified), both parties are not required to sign the draft ancillary reliefs order separately from the originating application.
Affidavit of Split Care and Control	If both parties have agreed that you will each care for different children, this document is to be submitted.
Notice of Proceedings (Simplified divorce)	This form is to be submitted to the court to obtain a stamp, which is then used to serve notice to the defendant, informing them that divorce proceedings have been initiated against them.

You may wish to engage a divorce lawyer who can assist you with the preparation of the documents.

Stage 1: Dissolution of the Marriage

After the Originating Application for Divorce and all accompanying documents have been filed in court, they also have to be served on the Defendant.

You must serve your matrimonial application for divorce on the respondent within 14 days of the filing of the originating application and file the affidavit of service.

If your matrimonial application is in order, the court will issue a Registrar’s Notice to inform you and the respondent (or your lawyers, if applicable) of the date for your uncontested divorce hearing, which will be scheduled within 4 to 6 weeks.

Parties and their lawyers (if any) are not required to attend the uncontested divorce hearing. Members of the public are not allowed to attend the hearing.

The court will grant an Interim Judgment if it is satisfied that the parties’ marriage has broken down irretrievably. If there is an agreement between the parties on the ancillary matters, the court may record the agreement as a consent order. In this case, parties will need to ensure that they follow the terms of the consent order.

Once the Interim Judgment is granted, parties must wait a minimum of 3 months or until all ancillary matters are resolved (whichever is later) before extracting the Final Judgment. Extracting the Final Judgment officially dissolves the marriage, completing the divorce process.

Stage 2: Ancillary Matters

If the parties have not reached an agreement on the ancillary matters, they are to attend an ancillary matters case conference to prepare parties for the ancillary matters hearing.

The court may refer parties to the Family Dispute Resolution Division (FDR) of the Family Justice Courts for mediation and counselling.

If the parties managed to reach an agreement

If the parties manage to reach an agreement on the ancillary matters, the court will give directions to prepare the Draft Ancillary Reliefs Order.

The court will then schedule the matter to be heard at an administrative hearing. At the hearing, the court may grant the consent orders if the terms are in order. If the court grants the consent order, parties may proceed to extract the consent order at the LawNet & CrimsonLogic Service Bureau.

After the ancillary reliefs order has been extracted, and if 3 months have passed since the court granted the Interim Judgment, parties may extract the Final Judgment to confirm the divorce and conclude all court proceedings.

If the parties did not manage to reach an agreement

If a settlement is not possible, the court will ask both parties to prepare and file the First Ancillary Affidavit. Parties will have to exchange their First Ancillary Affidavit within the time period directed by the court.

After the exchange, a party may then file and serve on the other party a Second Ancillary Affidavit to answer the matters raised in their First Ancillary Affidavit within 28 days after the date on which the first First Ancillary Affidavit were exchanges, or by any other time directed by the court.

If a party finds that they require more documents from the other party that are necessary for the ancillary matters, they may file and serve a Summons for Disclosure on the other party.

Once all matters have been dealt with, the court will schedule a date for the ancillary matters hearing.

Should the net value of the estate(s) amount to more than $1.5 million, the case will be transferred to the High Court and be heard there.

Following the filing and exchange of documents, an ancillary hearing date will be set for the court to decide on the ancillary matters, such as maintenance and child custody.

After all ancillary matters have been settled, both parties can apply for the Final Judgment if at least 3 months have passed since the grant of the Interim Judgment.

Application Process for a Contested Divorce in Singapore

Stage 1: Dissolution of the Marriage

After the Originating Application for Divorce Writ for Divorce and all accompanying documents have been filed in court, they also have to be served on the Defendant.

If the Defendant chooses to contest the divorce

If the Defendant chooses to contest the divorce, he/she will have to file a Notice to Contest and a reply. You can also request for a Resolution Conference with a judge of the Family Resolution Chambers, or a counselling session with a court counsellor, to try to reach an amicable settlement via divorce mediation with your partner.

If both parties are unable to agree on the reason for divorce on their own, the case would go to court for a judge to determine if the marriage has irretrievably broken down. The Defendant will have to file in court and serve on the Plaintiff:

• The Notice to Contest within 14 days from the date of being served the Originating Application for Divorce; and
• The reply within 28 days from the date of being served the Originating Application for Divorce.

Alternatively, if the Defendant wants to put forth their own reason for the divorce and/or other claims on the ancillary matters, the Defendant will file a reply and cross-application within the above timeframes, instead of just a reply.

If the Defendant chooses not to contest the divorce

If the Defendant chooses not to contest the divorce, but wishes to be heard on the ancillary matters, the parties may proceed on the uncontested track.

If the court is satisfied that the marriage has irretrievably broken down, it will grant an Interim Judgment ordering the marriage to be dissolved. The case will then move to the ancillary matters stage of divorce proceedings.

Stage 2: Ancillary Matters

The procedure to resolve ancillary matters in a contested divorce is the same as that for an uncontested divorce.

Can I Divorce Without a Lawyer?

It is possible to file for divorce in Singapore without engaging a lawyer.

If you are representing yourself and are applying for a divorce via the simplified track (where both parties agree that the marriage has irretrievably broken down), you may use the Divorce eService to file your application. Otherwise, you will have to go down to the LawNet & CrimsonLogic Service Bureau to file your divorce application.

Representing yourself would certainly involve lower financial costs than having a lawyer. Nonetheless, bear in mind that this will not excuse you from the legal, procedural and formal requirements of conducting court proceedings.

In other words, you will be held to the same standards as if you were represented by a lawyer. Furthermore, the Family Justice Courts cannot advise you on your matter.

Hence it may be advisable for you to seek a divorce lawyer’s help, especially if you anticipate that your spouse will contest the divorce. This is because it could lead to complex and lengthy proceedings.

If you have a lawyer, he/she will file your divorce application on your behalf. You can also use the Divorce eService to generate the documents needed to file a divorce. These documents can then be sent to your lawyer and can be used to discuss your case with your lawyer.

Frequently Asked Questions About Divorce

Can I get a divorce before 3 years of marriage?

Yes, it is possible to get a divorce before 3 years of marriage in Singapore if you can prove that you have suffered exceptional hardship, or that your spouse has engaged in exceptional depravity.

Divorces have previously been granted for marriages shorter than 3 years where, for example, one spouse engaged in exceptional depravity by committing adultery at home while the other spouse was in the same house, causing the latter to fall into depression.

The threshold requirements for a situation to be considered exceptional hardship or exceptional depravity are quite high. We suggest consulting a divorce lawyer if you are thinking of divorcing before 3 years of marriage.

How much does it cost to get a divorce in Singapore?

It may cost between $2,000 to $3,500 to hire a divorce lawyer for a simplified uncontested divorce in Singapore, while contested divorces may cost at least $10,000 or more. These figures may not include fees for disbursements and GST.

Should you need any guidance on the costs of engaging a divorce lawyer in Singapore, please refer to our Divorce Fee Guide.

How long does it take to get a divorce in Singapore?

The duration of divorce proceedings depends on factors such as the complexity of the matter. Simplified uncontested divorces tend to be settled quicker, namely within 6 months to a year. On the other hand, contested divorce cases may take a year or more to be resolved in Singapore.

Apart from that, at least 3 months must have passed since the granting of the Interim Judgment before Final Judgment can be granted. If there are still outstanding ancillary matters at this 3-month mark, then the Final Judgment can be granted only after all ancillary matters have been settled.

It is only when the Final Judgment has been granted that all divorce proceedings are considered completed.