Common Mistakes to Avoid When Filing for Divorce in Singapore

Filing for divorce is a significant legal step with long-term emotional, financial and personal consequences. Unfortunately, many individuals approach divorce without fully understanding the legal framework or the implications of their decisions, leading to costly and often avoidable mistakes. Here are the most common errors made during the divorce process and how to avoid them.

1. Misunderstanding the Legal Requirements for Divorce

One of the most fundamental errors is failing to understand the legal preconditions for filing a divorce in Singapore. According to the law, the parties must be married for at least three years before they are eligible to file for divorce, unless exceptional hardship or cruelty can be proven and the Court grants permission.

Moreover, either spouse must be domiciled in Singapore or have resided in Singapore for at least three years immediately preceding the filing.

Crucially, the only ground for divorce is that the marriage has irretrievably broken down. This must be demonstrated through one of five legally recognised facts: adultery, unreasonable behaviour, desertion for at least two years, separation with consent for three years, or separation without consent for four years.

Filing without satisfying these conditions can result in the application being rejected, significantly delaying the process.

To avoid this mistake, individuals should consult a qualified family lawyer before initiating proceedings, ensuring that the legal thresholds are properly understood and met.

2. Inadequate Preparation of Ancillary Matters

While many individuals focus on the divorce itself, they often fail to prepare adequately for the resolution of ancillary matters. These include the division of matrimonial assets, child custody and care arrangements, and spousal or child maintenance.

One common error is the incomplete disclosure of financial information. Some parties attempt to hide or understate their income or assets, believing it will work in their favour. However, the Courts view non-disclosure very seriously. The Court can draw adverse inferences against the offending party, which can ultimately lead to less favourable outcomes.

Another issue is misunderstanding what qualifies as a matrimonial asset. Some individuals wrongly assume that assets held in their name alone are exempt from division. In truth, any asset acquired during the marriage, or substantially improved by both parties, is typically considered matrimonial and subject to division.

To avoid these pitfalls, parties should be transparent and thorough in their financial disclosure, and seek legal advice to understand what constitutes matrimonial property.

3. Letting Emotions Dictate Decisions

Divorce is an emotionally charged process, but allowing emotions to guide key legal decisions often results in poor outcomes. Decisions made in anger, spite, or haste – such as attempting to “punish” the other party, or unilaterally removing children from the country — can be detrimental.

For instance, some individuals make hasty decisions about asset division or child custody, simply to expedite the divorce and escape emotional discomfort. These decisions, once legally formalised, are difficult to reverse and can lead to regret.

Additionally, hostile communication, particularly on social media or through email, can be presented as evidence in Court and can damage one’s credibility.

To manage this risk, individuals should take time to reflect before making any binding decisions. Where possible, communication should be kept respectful and factual. Emotional support from counsellors or mediators can also be beneficial during this time.

4. Overlooking Alternative Dispute Resolution (ADR)

Litigation is often the default approach, but it is not always the most effective or efficient path. Many parties fail to consider Alternative Dispute Resolution (ADR) methods such as mediation or collaborative divorce.

These options can result in more amicable settlements, lower costs and faster resolutions, especially in cases involving children or complex financial arrangements. In fact, in many divorce proceedings, the Court may require the parties to attend mandatory mediation or counselling sessions.

Failing to explore ADR not only increases legal expenses but may also escalate conflict unnecessarily.

To avoid this mistake, parties should discuss the feasibility of mediation with their lawyers early in the process. Agreeing to a non-adversarial method can help preserve relationships and lead to more cooperative parenting arrangements post-divorce.

5. Engaging the Wrong Lawyer

Legal representation is essential in a divorce, but not all lawyers are equally suited to handle family law matters. One of the most damaging mistakes is choosing a lawyer based solely on cost, convenience or personal referral, without assessing their experience or suitability.

A lawyer lacking in divorce law experience may miss critical nuances in matters such as child custody, division of CPF monies or maintenance calculations. Likewise, poor communication between client and lawyer often leads to misunderstandings, missed deadlines and avoidable stress.

To choose wisely, individuals should interview multiple lawyers, ask about their experience with similar cases, and ensure they provide clear explanations of fees, timelines and expected outcomes. The lawyer-client relationship must be based on trust and open communication.

6. Ignoring the Needs and Welfare of Children

Children are often the most affected by divorce, yet their welfare is sometimes overlooked in the heat of disputes. Parents may involve children in conflicts, use them to communicate hostile messages, or make custody decisions based on personal convenience rather than the child’s best interests.

The family Courts place paramount importance on the welfare of the child. Custody, care, and access decisions are made with the child’s emotional and developmental needs in mind, not the parents’ preferences.

Parents who appear unwilling to cooperate or who exhibit vindictive behaviour may be viewed unfavourably by the Court.

To avoid harming the child or one’s legal standing, parents should prioritise the child’s stability, emotional wellbeing, and schooling needs. Parenting plans should be developed thoughtfully and, where necessary, with input from child psychologists or family mediators.

7. Neglecting Long-Term Financial Planning

Another frequent error is neglecting to consider the long-term financial implications of divorce. Many parties agree to asset divisions or maintenance terms without calculating their post-divorce living expenses, housing needs, or retirement adequacy.

In particular, individuals often overlook the impact of divorce on CPF savings, future employment prospects, and estate planning. For example, failing to revise a Will or beneficiary nominations may result in unintended consequences, such as the former spouse receiving benefits.

To avoid future hardship, individuals should conduct a comprehensive review of their financial position during and after the divorce. This includes budgeting, revising estate documents, and seeking independent financial advice where necessary.

8. Failing to Comply with Procedural Requirements

The divorce process involves strict procedural rules, including the proper submission of documents, timely responses, and formal service of Court papers. Many individuals make procedural errors, such as submitting incomplete documents, missing deadlines, or failing to attend Court-mandated sessions.

Such mistakes can lead to delays, additional costs, or even a dismissal of the case. For instance, if a party fails to serve the divorce papers correctly, the Court may not proceed until the issue is rectified.

Likewise, ignoring documents served by the opposing party or refusing to attend mediation can weaken one’s position in Court.

To ensure compliance, individuals should work closely with their lawyers, follow official checklists, and keep track of all Court dates and obligations. Proper organisation and attention to detail are essential.

9. Underestimating Costs and Timelines

Divorce proceedings are often more time-consuming and expensive than anticipated. Some individuals initiate proceedings assuming they will be completed in a few months, only to encounter delays due to contested issues or administrative bottlenecks.

Legal fees can also escalate rapidly, especially when disputes over custody, property, or maintenance are protracted. Additional costs, such as property valuations, expert reports, or counselling fees, are often overlooked.

To manage expectations, individuals should ask their lawyers for a realistic estimate of both time and cost under various scenarios. Budgeting for legal fees and post-divorce expenses will reduce financial strain and improve planning.

10. Poor Record-Keeping and Evidence Management

Evidence is crucial in any legal proceeding, yet many individuals fail to preserve relevant documents. This includes financial records, communication logs, proof of child-related expenses, and evidence of misconduct (where relevant).

Without adequate documentation, it becomes difficult to substantiate claims regarding income, property, or behaviour. Courts rely heavily on tangible evidence, and the absence of such can significantly weaken a party’s case.

To be prepared, parties should begin collecting and organising documents as early as possible. This includes bank statements, emails, property documents, school records, and any other materials relevant to the dispute.

The mistakes outlined above — ranging from procedural errors to emotional misjudgements — can significantly impair one’s chances of achieving a fair and efficient resolution.

If you require assistance with specific aspects of the divorce process, such as preparing financial disclosures or understanding your rights in child custody, contact me today at 8039 9083 for a consultation.