All you need to know about "Marriage/Divorce" under the SG Law
 

you can find the updated information here


The Family Court deals with marital disputes between couples who are married under civil law. To assist couples to resolve their marital disputes, the Family Justice Centre runs a free mediation and counselling programme. If parties wish to dissolve their marriage, they may file a Divorce Petition under Part X of the Women's Charter. This section deals with the legal principles applicable when the Family Court hears divorce cases. Marital disputes involving Muslim parties or persons who are married under the Muslim law are handled by the Syariah Court under the Administration of Muslim Law Act. This Part applies only to persons married under the civil law.

correct as of 28 July 2005.. All updates are welcome

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What are the reasons ("grounds") on which I can get a divorce?

The court will only grant you a divorce if it is satisfied that your marriage has "irretrievably broken down". In order to prove that your marriage has "irretrievably broken down", you must be able to show the existence of at least one of the following facts ("grounds"):


(a) That your spouse has committed adultery (i.e. had consensual sexual relations with a person other than yourself), and that you find it intolerable to live with him/her; and/or

(b) That your spouse has behaved in such a way that you cannot reasonably be expected to live with him/her (for example, your spouse has committed family violence against you); and/or

(c) That your spouse has deserted you for a continuous period of at least 2 years just before you start your divorce proceedings; and/or

(d) That you and your spouse have lived apart for a continuous period of at least 3 years just before you start divorce proceedings, and your spouse agrees to the divorce; and/or

(e) That you and your spouse have lived apart for a continuous period of at least 4 years just before you start divorce proceedings. In this case, your spouse does not need to agree to the divorce.

Note that for a) above, if you continue to live with your spouse for more than 6 months after you discover the adultery, you may not be able to rely on adultery to petition for a divorce.
For c) above, desertion means leaving you without your agreement and without any reasonable cause. In exceptional cases, where your spouse has without reasonable cause driven you out of the home and continues to exclude you from the house for a period of two years, that can also constitute desertion by your spouse.

For d) and e) above, "living apart" requires the intention of staying apart from each other with the view of ending the marriage, as well as the physical act of staying apart. However, you may still be considered as staying apart even if you and your spouse are staying at the same address, if you and your spouse have led completely separate lives and have separate households (i.e. not staying in the same bedroom, not having sexual relations, not doing any household chores such as cooking, washing, cleaning, ironing, etc. together, or for each other; not having meals together as a family; not going out together as a family, etc.) for the required length of time, for the purposes of obtaining a divorce based on three or four years' separation.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Can I get an "instant" divorce if my spouse agrees to a divorce? Must I still satisfy one of the 5 grounds if my spouse agrees to a divorce?


Even if your spouse agrees to a divorce, you cannot get an "instant" divorce based on your agreement. You must still satisfy one of the 5 grounds (see 2(a)-(e) above) in order to get divorced.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

We have not been married for 3 years yet, but I really want to get divorced. What can I do?

You can apply to court for a special permission to apply for a divorce before you have been married 3 years. The court will grant the permission if you can prove that you have suffered "exceptional hardship" or that your spouse has behaved with "exceptional depravity" (i.e. behaved extraordinarily badly). In deciding whether to grant you the permission, the court will also consider whether there is any possibility of a reconciliation between you and your spouse, and the interest of any child of your marriage.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Do I have to sign any agreement first before being able to get divorced?

You do not have to sign any agreement first before being able to apply for a divorce. However, if you are applying for a divorce based on the ground of 3 years' separation, then your spouse must sign a Consent, to indicate that he agrees to a divorce on this ground.
Often, couples who intend to divorce based on separation will sign a document known as a Deed of Separation before starting divorce proceedings. In the Deed of Separation, they will usually agree:


(a) That the parties will live separately for a certain length of time (usually 3 years); and

(b) At the end of that time period, either one of the parties can start divorce proceedings on the ground of 3 years' separation with consent, and the other party will give their consent to the divorce.

(c) On matters such as the children, the property, and maintenance, both before and after the divorce.

While it is not compulsory to have a Deed of Separation before applying for a divorce, signing a Deed of Separation provides both parties with some certainty as to their living and financial arrangements before and after the divorce. However, it should be noted that the court is not bound by the terms of the Deed of Separation.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Aside from getting divorced, how can I get out of a marriage?

You may apply for your marriage to be declared a "nullity", rather than for a divorce. Alternatively, you may apply for judicial separation.


What is "nullity" and when can I apply to declare my marriage a nullity?

When the court makes an order for nullity, it is declaring that the marriage is invalid. You can only apply for your marriage to be declared a nullity in the following circumstances:

(a) You have not had sexual relations with your spouse after marriage because either you or your spouse is physically not capable of having sex, and this physical incapacity cannot be medically treated.

(b) You and your spouse have not had sexual relations after marriage because your spouse has wilfully (i.e. intentionally) refused to have sex with you without a valid reason.

(c) That you or your spouse did not validly consent to the marriage (for example, because of mental illness, mistake, or duress. (Duress is when a person is in fear caused by the threat of immediate danger, such as being beaten up, if he/she does not agree to the marriage)).

(d) You or your spouse was suffering from mental illness at the time of the marriage, such that you/your spouse were/was unfit for marriage

(e) Your spouse had a communicable venereal disease at the time of your marriage and you did not know this at that time

(f) Your spouse was pregnant with someone else's child at the time of your marriage and you did not know this at that time.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What is the difference between Nullity and Divorce?

You may start proceedings for nullity immediately after marriage, before you have been married for 3 years whereas you can only start divorce proceedings after you have been married for 3 years. Divorce is the dissolution (ending) of a valid marriage. Nullity is the declaration that a marriage is invalid. Once your marriage is annulled, your status is that of a spinster or bachelor, whereas in the case of a divorce, your status is that of a divorcee.

You and your spouse will have the same rights to apply for maintenance, and the division of matrimonial assets, as if you had applied for a divorce

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What is Judicial Separation?

You can apply for Judicial Separation for the same reasons that you can apply for a divorce. If the court grants your application for Judicial Separation:

(a) You no longer have the duty to live together and have sexual relations with your spouse.

(b) Neither you nor your spouse can inherit the property of the other person if he/she dies without making a will. (If the husband and wife are still married, and there is no decree of judicial separation, and one of them dies without making a will, the survivor would get a share of the deceased's property.)

(c) You and your spouse will have the same rights to apply for custody of children, maintenance, and the division of matrimonial assets as if you had applied for a divorce.

Either you or your spouse can still apply for a divorce after obtaining a decree of Judicial Separation.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

I want to live separately from my spouse without a divorce. Must I enter into a Deed of Separation with my spouse or apply for any court order on the children or maintenance etc?

It is not compulsory to enter into a deed of separation. You may simply live separately. There is no legal requirement to get a court order on the separation arrangements. However, if you and your spouse have agreed on the issues of children, maintenance or division of matrimonial assets, you may formalise the agreement by signing a Deed of Separation and/or Settlement. If you want to deal with division of matrimonial assets as if you are divorced, but you do not want a divorce, you may have to apply for a decree of judicial separation and ask the court to divide the assets.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

How can I start divorce proceedings?

In order to start divorce proceedings, you have to file a Divorce Petition in the Family Court, which states the grounds (reasons) why you want a divorce. This Divorce Petition must be served on (that is given to) your spouse, to let your spouse know that you would like to get a divorce

the divorce procedures is very long....but u can check it out from here...


http://www.familycourtofsingapore.go...ce_Dec2003.htm

or

Divorce procedures

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

My spouse is overseas/I don't know where my spouse is living. Can I still start divorce proceedings?

You can start divorce proceedings against a spouse who is living overseas. However, you should note that you will still be required to serve the divorce papers on your spouse and additional costs may have to be incurred to effect service. For example, a foreign lawyer may have to be engaged to serve papers on your spouse, or you may have to advertise in a foreign newspaper to give notice of the divorce proceedings to your spouse.


Can I still get a divorce if my spouse refuses to "sign" the divorce papers?

The answer to this question depends on which papers your spouse refuses to sign. If your application for divorce is on the ground (reason) of 3 years' separation, then your spouse must sign the Consent indicating that he agrees to a divorce on this ground. If he does not sign this, then you will not be able to get a divorce based on 3 years' separation. But if your application for divorce is on a ground other than that of 3 years' separation, then there is no paper which your spouse has to sign in respect of your divorce application.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What if my spouse decides to "fight" (i.e. contest) the divorce after being served with the divorce petition? What if he does not want to "fight" the divorce? And how will I know whether he intends to "fight" or not?

First of all, you must check whether your spouse is "fighting" the divorce itself (that is, whether and how the marriage should be dissolved), or the ancillary matters (that is, the questions to be decided after the divorce is approved, such as, the custody of the children, maintenance and division of matrimonial property). If your spouse chooses to fight the divorce case, the court will conduct a trial or contested hearing, which is generally more expensive and time-consuming. Your spouse will have to file a document called the Memorandum of Appearance, which will give you an indication of whether he is contesting the divorce or ancillary matters.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Do I have to attend court in order to get a divorce? Can't I just sign some papers in a lawyer's office?

No. In order to get a divorce, even on an uncontested basis (i.e. even if your spouse agrees to "give" you the divorce), and even if you have a lawyer, you must attend court on the day of the divorce hearing if you are the Petitioner (the one who started divorce proceedings). Your spouse (the Respondent) need only attend if he/she wants to be heard by the court. If you have a lawyer, you need not attend court for the ancillary matters hearing. Your lawyer may represent you.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What will the divorce process be like?

The divorce process is a two-stage process: the court will first deal with the divorce issue (that is, whether the marriage should be dissolved and on what facts) and if the divorce petition is granted, the court will then deal with the ancillary matters (that is, the issues that are consequential upon a divorce such as custody, maintenance and the division of matrimonial property). More details on the process and procedure can be found here.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

How long will the whole divorce process take?

The length of the divorce process depends on whether your divorce proceedings and ancillary matters are contested or uncontested. The average length of time involved is

Divorce matters Status conference is fixed within 3 weeks (where agreed parenting plan is filed), 5 weeks (where proposed parenting plan is filed) and 6 weeks (where no parenting plan is filed).

Pre-trial conference is fixed within 3 weeks from the date of the setting down of the petition or date of the hearing of the petition.

Hearing of a divorce petition on an uncontested basis is fixed within 2-3 weeks from the date of the setting down or date of the final pre-trial conference;

Hearing of a divorce petition on a contested basis is fixed within 1 month from the date of the final pre-trial conference.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

I would prefer to settle the divorce amicably with my spouse, instead of having to go for a contested divorce hearing. How can I do this?

You can request that you and your spouse go for "mediation", to try and settle your divorce matter amicably. The court will fix a mediation session for you, if your spouse is agreeable to attending.

to read more on "mediation" click on this link ( PDF format)

http://www.familycourtofsingapore.go...0AND%20YOU.pdf

or

mediation

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Do I need a lawyer to get divorced? What if I can't afford a lawyer?

You can, if you wish, conduct the divorce proceedings yourself. However, you must ensure that the documents that you file in ("submit to") court are in the correct format, and are "stamped" (i.e. court fees must be paid for each document filed in court). All documents filed in court must be through the Electronic Filing System. There are procedural rules as to which documents must be filed at different stages of the proceedings, and there are also legal arguments that you may have to make if the matter is a complex one, or is contested. The court will not be able to give you any legal or procedural advice. So if you are conducting the divorce proceedings yourself, you cannot expect to obtain any assistance or advice from the court. If, at any stage, you are unsure of what to do or say, then you may wish to obtain the assistance of a lawyer.

If you cannot afford a lawyer, you may wish to apply to the Legal Aid Bureau for assistance. However, you will have to satisfy the legal aid "Means Test" and "Merits Test" to qualify for legal aid. For more details, you may wish to view the website of the Legal Aid Bureau @

http://app.minlaw.gov.sg/lab/default.asp
.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

My spouse and I got married overseas/My spouse and I have not lived in Singapore for many years--can we still get a divorce in the Singapore courts?


You can get a divorce in the Singapore courts even if you got married overseas, or if you do not live in Singapore, so long as:

(a) Either you or your spouse has lived in Singapore for a period of 3 years just before your divorce proceedings start; or

(b) Either you or your spouse is "domiciled" in Singapore at the start of your divorce proceedings, i.e. that Singapore is your permanent home. A Singapore citizen and a Singapore permanent resident is assumed to be "domiciled" in Singapore, unless the contrary is proved.

But even if you can prove one or both of the above factors, your spouse may argue that it would be more appropriate for the divorce proceedings to be dealt with in another country, for various reasons, for example, because you are both citizens of that country, and are intending to return there to live permanently in a short while.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

If I get divorced, what will happen to my children and my house? If I get divorced, can I still ask my husband to maintain me?/Must I still maintain my wife if I get divorced?

Your children and your house and maintenance are considered to be "ancillary matters", and will be dealt with after the granting of the "Decree Nisi". . Under Singapore law, the wife has the right to claim maintenance from the husband (but the husband does not have the right to claim maintenance from the wife :mad: ).

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What should I do if my spouse wants me to divorce him/her but I do not want a divorce?

The decision to commence or start divorce proceedings should be your own. In this regard, you do not have to file divorce proceedings against your spouse just because he or she wants you to. If your spouse wants you to commence divorce proceedings but you wish to save the marriage, you may consider seeking marital counselling.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

My wife and I were married in the 1960s (or before the 1960s) and our marriage is not registered. We have been separated for a long time. Do we have to get a divorce "officially"?

If you were married before 15 September 1961, this was before the Women's Charter (which is the law governing marriage and divorce in Singapore today) was enacted. However, under Section 181 of the Women's Charter, your marriage is still considered valid, so long as it is valid under the particular law, religion, or custom under which it was solemnized. If your marriage is a valid one, in this regard, you will still have to get an "official" divorce if you want to end your marriage, and the rights and duties arising from the marriage. A separation is not enough to end your marriage.
If you got married on or after 15 September 1961 and before 2 June 1967, your marriage is still considered valid under Section 184 of the Women's Charter, (i) if it was contracted (made) in accordance with the law, religion or custom under which it was solemnized; (ii) if it is not a bigamous marriage (i.e. not having more than one husband or wife at the same time); or (iii) if it is not a marriage with a close relative (e.g. a daughter and father, mother and son, uncle and niece, etc.-the full list of relationships where parties cannot get married is set out in the First Schedule of the Women's Charter. If your marriage is a valid one in these circumstances, you will still have to get an "official" divorce if you want to end your marriage, and the rights and duties arising from the marriage. A separation is not enough to end your marriage.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

I have been served with a divorce petition. What shall I do?

You should complete the form entitled "Acknowledgement of Service" , to let the other party know that you have received the divorce papers. You should also complete the Memorandum of Appearance to indicate whether you agree with the divorce and whether you wish to be heard on the ancillary matters (that is, issues concerning custody, maintenance and division of matrimonial property). You should file the Memorandum Appearance at the Family Court within 8 days of your receipt of the Divorce Petition. In addition, if you intend to contest the divorce, you should file an Answer within 22 days of the receipt of the Divorce Petition. These documents must be filed in court through the Electronic Filing System. (Please note that stamp fees of $10 are payable for each of these documents: the Acknowledgement of Service, the Memorandum of Appearance and the Answer. There are also transmission, handling and processing fees for filing the documents through Electronic Filing System.) It is important to note that the court may proceed to hear the case in your absence and grant a divorce, if you fail to take these steps.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Do I need a lawyer to handle the divorce proceedings for me if I am the Respondent? What if I can't afford a lawyer?

You can, if you wish, conduct the divorce proceedings yourself. If you are not contesting any of the proceedings, you may not have to do anything that would require the assistance of a lawyer. But if you intend to contest the proceedings, you will have to file certain documents and make legal arguments in court. If you do this, you must ensure that the documents that you file in ("submit to") the court are in the correct format, and are "stamped" (i.e. court fees must be paid for each document filed in court). There are rules as to which documents must be filed at different stages of the proceedings. The court will not be able to give you any legal or procedural advice. So if you are conducting the divorce proceedings yourself, you cannot expect to obtain any assistance or advice from the court. If, at any stage, you are unsure of what to do or say, then you may wish to obtain the assistance of a lawyer.
If you cannot afford a lawyer, you may wish to apply to the Legal Aid Bureau for assistance. However, you will have to satisfy the "Means Test" and "Merits Test" to qualify for legal aid. For more details, you may wish to view the website of the Legal Aid Bureau.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What can I do to save my marriage?

1. You can try to repair the relationship between your spouse and yourself. If you need the assistance of a counsellor, and your spouse has also agreed to attend the counselling session with you, you can attend counselling at the Family and Juvenile Justice Centre, or a Family Service Centre or at a private counselling organisation.

2. you must stop following uncle DNAT to kio kway..:D

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What happens if I wish to 'fight' the divorce? Will my spouse be able to obtain a divorce if I refuse to sign any papers or to attend court?

If you wish to 'fight' or contest the divorce petition, you should enter an appearance by filing a Memorandum of Appearance to indicate that you intend to 'answer' the petition. You should thereafter file an answer to state your version of the facts as well as defend the allegations contained in the divorce petition. It is important to note that if you refuse to sign the divorce papers and attend court, the court may proceed to hear the case in your absence and make orders as it deems appropriate, including an order to dissolve the marriage.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What can I do if I too want a divorce but I disagree with the contents of the divorce petition?

As long as you disagree with the allegations made in a divorce petition, you should file an Answer to state your defence or objections. If you also wish to apply for a divorce, you may file an 'Answer and Cross Petition' instead of only an Answer. In your Cross-Petition, you must state why you are applying for a divorce and ensure that the facts revealed by you satisfy one of the five facts to prove that the marriage has broken down irretrievably.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

Now On Children

This section sets out the legal principles that are applicable when the Family Court deals with applications involving the custody of and access to children. Such applications can be heard under Part X of the Women's Charter or the Guardianship of Infants Act. These principles apply to both Muslim as well as non-Muslim parties. However, Muslim parties should refer to questions 27-29 on when the Family Court can deal with custody cases involving Muslim parties.


My spouse/partner has left home with my children. I want my children back or at the least, a chance to see my children from time to time. What can I do?

You can apply to the Family Court for an order that the children be returned to you and that you be given the custody and/or care and control of the children, if you wish to have the children living with you. If you want to have contact with the children from time to time, you can apply for an access order, that is, an order to allow you to see the children. To apply for custody or access, you can:

(a) file an originating summons under the Guardianship of Infants Act; or
(b) include a 'prayer' or application for custody of or access to the children in the Divorce Petition if divorce is contemplated.
If legal proceedings have already been commenced, and an immediate order is required, you can also file a Summons-in-Chambers for interim custody and access.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

What are the factors that will be considered when deciding who to 'give' the child to?

The court does not award the child to either parent as a child is not a piece of property. What the court decides is to whom to grant the 'custody' of the child (that is, the right to make major decisions concerning the welfare and upbringing of the child) and the 'care and control' of the child (that is, the right to have the child live with you and to make day-to-day decisions concerning the child).

In deciding custody and care and control issues, the paramount or most important consideration is the welfare of the child. 'Welfare' has a wide meaning; it encompasses all aspects of the wellbeing (includes emotional and physical wellbeing) and upbringing (includes the education and religious and moral upbringing) of the child.

Generally, the court will consider the following factors (not in order of importance) in deciding the custody and care and control issues:


(a) the conduct of the parties: the role each parent has played in the child's life and the stability which each of you is able to offer the child will be considered. It should be noted however that adultery by itself will not disqualify a parent from getting custody or access;

(b) the status quo: where the child has grown accustomed to his living environment or attached to a care-giver, the court will try to preserve the status quo for a drastic change may be detrimental to the well-being of the child;

(c) the age of the child: if all factors were equal between the parties, a child of tender years should be with the mother;

(d) sibling bond: siblings should generally not be separated as they can provide a measure of security and stability for each other when their parents live separately;

(e) the wishes of the parents: while the parents' wishes will be considered, their wishes are subordinate to the child's welfare;

(f) the wishes of the child, if the child is of an age to express an independent opinion.

The above factors will not be applied rigidly by the court. The overriding consideration is the welfare of the child, to be considered on all the facts and circumstances of each case.

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

I would like to 'share' the children with my spouse/partner. In other words, even though I agree that the children can stay with my spouse/partner, I want to have an equal say in making decisions for the children. What can I do?


You can apply to the court for an order that you be awarded 'joint custody' of the children. This will compel your spouse/partner to consult you and make joint decisions over the major issues concerning your children. You should however note that the court may not order joint custody if there is a very high level of conflict between your spouse and you as it is unlikely that parties would be able to make joint decisions

Re: All you need to know about "Marriage/Divorce" under the SG Law
 

How can I get to see my children if they do not live with me? Would the court allow me to see my children?

You can apply for an access order to ensure that you get to see your children regularly. In deciding the access issue, the paramount or most important consideration is the welfare of the children. As a general rule, the court will grant a non-custodial parent access to the children to enable the children to build a bond with both parents. If both parents are cooperative and want the access arrangements to be flexible, an order that 'reasonable access' is granted will suffice. If however, more certainty is required, the access order may specify:

(a) the time and venue of access;

(b) whether the access should be supervised and by whom;

(c) whether overnight access is allowed (that is, the children will stay over at the non-custodial parent's residence);

(d) whether overseas access is allowed;

(e) whether access during school holidays, public holidays and significant days (such as children's birthdays etc.) is allowed; whether third parties (such as a new partner) can be present during access; and

(f) other conditions to safeguard the interests of the children.

The type of access order that the court will make will depend on many factors such as the age of your children, the relationship between your children and your spouse, you and your spouse's working hours, your children's school schedules, and so on. Circumstances will be different in every case, but the court will make a decision that it feels is in the best interests of the children.