SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Petrina Tan and Vaithieiswariy Kumar, Bih Li & Lee LLP
ing six months following the incidents (of adultery or unreasonable behaviour) relied on, other (more recent) incidents may need to be provided and relied on. The introduction of the sixth fact – that is, allowing for divorce by mutual agreement – illustrates the further commitment and emphasis placed on the concept of therapeutic justice (in the family justice courts) and facilitating amicable divorces by placing less focus on the “fault” of a party for the breakdown of the mar ‑ riage. As Singapore presently does not recognise same-sex marriages or civil unions, the above-mentioned ground would only apply to registered marriages between a man and a woman. Processes and Timelines for Divorce Parties filing for divorce would need to commence an action in the family justice courts of the Republic of Singapore (pursuant to Part 10 of the Women’s Char ‑ ter 1961), on the basis of an irretrievable breakdown of their marriage (as detailed in the preceding subsec ‑ tion) in order to obtain a divorce. No mandatory peri ‑ ods of separation between the parties are required, prior to the commencement of the action, unless a party intends to rely on one of the three facts that stipulate periods in which one party has deserted the other and/or the parties have lived apart. Pursuant to Section 94A of the Women’s Charter 1961 and Section 3 of the Women’s Charter (Parenting Pro ‑ gramme) Rules 2016, all parents with children under the age of 21 are required to attend the mandatory co-parenting programme before filing for divorce. This applies even to parties who are able to reach an agreement with their spouse on the facts to be relied on to support the irretrievable breakdown of the mar ‑ riage and/or all ancillary matters. Attendance of this programme has been mandatory for all parents with children under the age of 21 since 1 July 2024. Divorce proceedings formally begin when an appli ‑ cant files their originating application for divorce. The originating application is to be filed in accordance with Form 2A of the Family Justice (General) Rules 2024, and may include:
• a certificate of completion of the mandatory co- parenting programme (if applicable); • an affidavit of split care and control (where the parties have agreed that each will care for different children); • a draft ancillary reliefs order; • a copy of the parties’ marriage certificate (and any translations); • a copy of the children’s birth certificates (and any translations); • an agreement that the marriage has irretrievably broken down (for parties relying on divorce by mutual agreement); and • bankruptcy search results. The new Family Justice (General) Rules 2024 critically remove the need for a statement of claim or statement of particulars to be filed – instead, the information that was previously contained in both documents is now included in Form 2A. Form 2A, which is a combina ‑ tion of both multiple-choice options and open-ended questions, is intended to be more accessible and user-friendly for litigants in person. After service of the originating application (when served within Singapore), the respondent has to file the following documents: • a notice to contest (within 14 days); • a reply to the originating application for dissolution of the marriage (if any) (within 28 days); and • a cross-application (within 28 days). Service of Divorce Proceedings The applicant is to serve the originating application personally on the respondent within 14 days after the issuance of the originating application. Alternatively, service may be properly effected on a party via their solicitors, who have indicated that they have instruc ‑ tions to accept service on the party’s behalf. Despite personal service of the originating application not having been properly effected, personal service may be deemed to have been effected on a person if: • the person to be served files a notice to contest; • the person to be served files a reply; or • the applicant –
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