Situation: I want a divorce, but my spouse refuses to have it. What should I do?

Singapore law requires couples to be married for at least three years before they can file for separation.

However, exceptional cases arise where either spouse faces extreme difficulty, and the marriage cannot continue.

While there are no fixed legal definitions for “unreasonable and cruel behaviour,” the applicant is liable to use their personal experiences and evidence to persuade the court for a legal separation.

Moreover, you and your husband must be Singapore citizens for three years before the commencement of legal proceedings.

Foreigners

Foreigners can file for divorce if at least one of the spouses are domiciled in Singapore or a habitual resident for at least three years before the divorce filing.

The Grounds of case

As in some cases, if the spouse is allegedly involved in adultery, the case is eligible for divorce in Singapore if substantial evidence is produced in court.

For the investigation, you may approach a private investigator, as a confession in court is unlikely from your spouse.

Unreasonable behaviour, desertion and separation also form grounds for divorce.

The Process of Divorce Filing

You can proceed with the filing, preferably guided by an attorney specializing in family law, irrespective of opposite side compliance. This nature of divorce is known as contested divorce as both parties do not separate on mutual grounds.

If your spouse continues with his non-compliance during court dates, the court has the right to pass judgements and orders regarding the ancillary matters. Hence, they do not have a say in child custody, asset division, etc.

Uncontested divorces are less expensive and time-consuming as opposed to contested ones.

Contested divorces move forward to trial once your spouse files a defence case.

The court is liable to hear both parties and make judgements based on the arguments regarding the dissolution of marriage.

For your assistance, you may contact the Resolution Conference at the Status Conference or Case Conference state of divorce proceedings.

The Family Resolutions Chambers provides facilities to enable you and your spouse to arrive at mediation and perhaps mutually settle on the separation and all ancillary matters.

Mandatory mediation sessions

If your spouse enters into the divorce proceedings, Singapore law requires a mandatory mediation session to settle internal affairs before moving to trial. 

If you have children under the age of 21, counselling sessions under CFRC are mandatory. 

These mediation procedures attempt to help you arrive at a settlement with your husband, assess all possibilities and ensure the divorce proceedings are as amicable as possible.

Fill-up the form on our website to get in touch with expert legal counsellors and lawyers. Find solutions and clarify any queries regarding the procedures involved.

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