SINGAPORE Law and Practice Contributed by: Loh Wai Mooi, Wang Liansheng, Valerie Goh and Petrina Tan, Bih Li & Lee LLP
1. Divorce 1.1 Grounds, Timeline, Service and Process Grounds for Divorce There is only one ground for divorce that may be relied on by a married couple in Singapore – that of irretrievable breakdown of the marriage. In addition to this ground, the court would also need to be satisfied that it would be just and rea - sonable to grant the divorce, having regard to all relevant circumstances, including the conduct of the parties and how the divorce would affect any children of the marriage. As a threshold requirement, an individual is generally permitted to file for divorce after three years have passed since the registration of the marriage. In special circumstances, such as exceptional hardship suffered by an appli - cant or exceptional depravity on the part of the respondent, the court may allow an applica - tion for divorce to be made within the first three years of marriage. The requirement enshrines the sanctity of marriage in Singapore, and the representation of marriage as a serious obliga - tion undertaken by both parties. With the passing of the Women’s Charter (Amendment) Bill No 43/2021 on 10 January 2022, and from 1 July 2024 onwards, there are now presently six “facts” that parties may rely on to establish an irretrievable breakdown of their marriage: • one party (“X”) has committed adultery, and the other party (“Y”) finds it intolerable to live with X; • X has behaved in such a way that Y cannot reasonably be expected to live with X;
• X has deserted Y for a continuous period of two or more years immediately before the application for divorce; • the parties have lived apart for a continuous period of three or more years and consent to a divorce being granted by the court; • the parties have lived apart for a continuous period of four or more years (regardless of either party’s consent); or • the parties agree that the marriage has irretrievably broken down, subject to the court’s discretion should it consider that there remains a reasonable possibility that the par - ties may reconcile. It is important to mention that proof of adultery would require Y to establish that sexual inter - course has taken place between X and a third party. In this respect, intimate messages or improper conduct between X and a third party may be insufficient, unless the circumstances of the case are such that adultery might reason - ably be assumed as a result of an opportunity presented for its occurrence. Nonetheless, the improper association of a husband/wife with a third party may be relied on as a circumstance giving rise to the allegation that one has behaved in such a way that the other cannot reasonably be expected to live with them. The party commencing the divorce should also take note of the six-month “grace period” afford - ed by the Women’s Charter 1961. Should the parties continue to live together as husband and wife for a period exceeding six months follow - ing the incidents (of adultery or unreasonable behaviour) relied on, other (more recent) inci - dents may need to be provided and relied on. The introduction of the sixth fact – that is, allow - ing for divorce by mutual agreement – illustrates the further commitment and emphasis placed on
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