Divorce by Mutual Agreement in Singapore: What You Need to Know

For many years, parties seeking a divorce in Singapore had to establish that their marriage had irretrievably broken down by relying on one of the facts set out under the Women’s Charter. These included adultery, unreasonable behaviour, desertion, or separation for a prescribed period. In practice, many divorcing couples relied on allegations of unreasonable behaviour, even where neither spouse wished to assign blame, simply because it was the most expedient route to obtaining a divorce.

On 1 July 2024, Singapore introduced a significant reform to its family justice framework through the introduction of Divorce by Mutual Agreement (“DMA”). DMA provides spouses with a new “no-fault” basis for divorce, allowing them to jointly acknowledge that their marriage has broken down irretrievably without the need to attribute fault to either party.

The introduction of DMA reflects Singapore’s broader shift towards a less adversarial and more therapeutic approach to family justice. By reducing unnecessary conflict at the outset of divorce proceedings, the law seeks to preserve amicable relationships where possible, particularly where children are involved, while encouraging parties to focus on resolving practical issues arising from the end of their marriage.

What Is Divorce by Mutual Agreement?

DMA is a new fact under section 95A of the Women’s Charter that may be relied upon to establish that a marriage has irretrievably broken down.

To obtain a divorce under this ground, both spouses must agree that:

the marriage has irretrievably broken down; and

there is no reasonable possibility that they may reconcile.

Unlike the traditional fault-based grounds for divorce, neither spouse is required to prove wrongdoing by the other. Instead, the parties jointly acknowledge that the marriage has reached a point where it cannot realistically be restored. Importantly, DMA does not amount to “divorce by consent”. The parties cannot simply agree to end the marriage without further scrutiny. The Family Justice Courts must still be satisfied that the statutory requirements have been met before granting a divorce.

Who Can Apply?

Parties may rely on DMA if they satisfy the jurisdictional requirements applicable to divorce proceedings in Singapore. Generally, this means that:

• at least one spouse is domiciled in Singapore, or has been habitually resident in Singapore for at least three years immediately before the commencement of divorce proceedings; and
• the parties have been married for at least three years.

The three-year requirement may be dispensed with only in exceptional circumstances, such as where one spouse can demonstrate exceptional hardship or exceptional depravity.

DMA proceedings may be commenced by one spouse filing for divorce with the consent of the other spouse, or by both spouses filing the application jointly.

What Formal Requirements Are There?

Unlike other grounds for divorce, parties relying on DMA are required to file a written statement explaining why they believe their marriage has irretrievably broken down. This statement assists the court in determining whether the statutory requirements have been satisfied.

1. Reasons for the Irretrievable Breakdown

The parties should explain, in broad and neutral terms, why their marriage has come to an end.

Examples include:

• growing apart over time;
• fundamental differences in personalities, values or life goals;
• persistent communication difficulties;
• emotional disconnection and loss of companionship;
• differing expectations regarding finances, parenting or future plans.

The purpose of the statement is not to determine who was right or wrong. Accordingly, parties should generally avoid making accusations or attributing blame unless doing so is necessary in the circumstances.

2. Efforts Made Towards Reconciliation

The parties must also explain the efforts made to save the marriage before deciding to seek a divorce.

Such efforts may include:

• open discussions between the spouses;
• marriage counselling;
• mediation;
• assistance from family members or close friends; or
• guidance from religious or community leaders.

Where no reconciliation efforts were undertaken, the parties should explain why they believe such attempts would not have been productive. This requirement reflects Parliament’s intention that divorce should remain a measure of last resort rather than a decision made without careful consideration.

3. Arrangements Relating to Children and Financial Matters

The parties are also required to state that they have considered the practical consequences of the divorce, including:

• custody, care and control, and access arrangements for any children;
• child maintenance;
• spousal maintenance; and
• the division of matrimonial assets.

This does not mean that every ancillary issue must already have been resolved before divorce proceedings commence. However, the parties should demonstrate that they have given proper thought to these matters and understand that they will require determination, whether by agreement or by the court.

What Are the Benefits of DMA?

Reduces Acrimony

One of the principal objectives of DMA is to reduce unnecessary conflict between divorcing spouses. Under the previous regime, many parties relied on allegations of unreasonable behaviour simply because it was the quickest available route to obtaining a divorce. Even where both spouses wished to separate amicably, the requirement to plead fault often resulted in unnecessary hostility and resentment.

DMA enables couples to acknowledge that their marriage has come to an end without publicly assigning blame. By removing the need to make allegations against one another, the process may preserve communication and cooperation, which is particularly beneficial where the parties will continue to co-parent their children after the divorce.

Encourages Cooperative Resolution

Because both parties must jointly acknowledge the irretrievable breakdown of the marriage, DMA naturally encourages greater cooperation throughout the divorce process. Where spouses are able to communicate constructively, they may find it easier to negotiate arrangements relating to children, maintenance and the division of assets without prolonged litigation. This cooperative approach is consistent with Singapore’s broader emphasis on therapeutic justice, which seeks to minimise the emotional and psychological impact of family disputes.

Potential Cost and Time Savings

Where parties are broadly aligned on the issues arising from the divorce, DMA may facilitate a more efficient resolution of proceedings. Avoiding disputes over fault may reduce the need for lengthy affidavits, extensive negotiations over allegations, or contested hearings concerning the ground for divorce. While ancillary matters may still require litigation in some cases, resolving the divorce itself on a mutual basis can reduce costs and shorten the overall duration of proceedings.

When Should You Seek Legal Advice?

Although DMA is intended to provide a less contentious route to divorce, obtaining legal advice remains important. An experienced family lawyer can advise you on whether DMA is appropriate for your circumstances, ensure that the necessary court documents are properly prepared, and help you understand your legal rights and obligations throughout the divorce process.

Legal advice is particularly important where there are disputes relating to children, significant matrimonial assets, businesses, overseas property, trusts, or concerns that one party has failed to make full and frank disclosure of their financial position. Even where spouses agree that the marriage has irretrievably broken down, disagreements may still arise over the division of assets, maintenance, or parenting arrangements.

Seeking legal advice at an early stage can help parties understand the likely legal outcomes, identify potential issues before they escalate, and explore options for resolving disputes through negotiation or mediation where appropriate. This may ultimately reduce costs, minimise conflict, and enable parties to reach practical and sustainable arrangements for the future.

Conclusion

The introduction of Divorce by Mutual Agreement represents one of the most significant developments in Singapore family law in recent years. It acknowledges that marriages may come to an end without either spouse being solely responsible and provides couples with a more dignified, respectful and less adversarial pathway towards divorce.

At the same time, DMA should not be mistaken for a simple “divorce by consent”. Parties must still satisfy the court that their marriage has irretrievably broken down and that there is no reasonable possibility of reconciliation. They must also continue to address important issues relating to their children, finances and future arrangements.

Frequently Asked Questions

If We Both Agree to Divorce, Will the Court Automatically Grant It?

Not necessarily. Although both parties must agree that the marriage has irretrievably broken down, the court must still be satisfied that the statutory requirements under the Women’s Charter have been met before granting a divorce.

Must We Agree on Everything Before We Can Apply?

No. While parties are required to confirm that they have considered arrangements relating to their children, maintenance and the division of matrimonial assets, they do not need to have reached a complete agreement on every ancillary issue before commencing divorce proceedings. Where disputes remain, these issues may still be resolved through negotiation, mediation or determined by the court. For comparison, an uncontested divorce in Singapore generally involves agreement on the divorce and the related ancillary matters.

Does Divorce by Mutual Agreement Mean Fault Is Never Relevant?

This is incorrect. DMA removes the need to establish fault as the basis for obtaining a divorce. However, a party’s conduct may still be relevant in certain ancillary matters. For example, family violence, including circumstances where a Personal Protection Order may be relevant, can affect decisions concerning the welfare of children, while financial misconduct may be relevant when determining the division of matrimonial assets.

Is Divorce by Mutual Agreement Always Quicker and Cheaper?

Not necessarily. Where both parties cooperate and are broadly aligned on the issues arising from the divorce, DMA may result in a more efficient and less costly process. However, if significant disputes arise over children, maintenance or the division of assets, the ancillary proceedings may still be lengthy and contested, regardless of the ground relied upon for the divorce.

Is Divorce by Mutual Agreement Only Available to Couples Who Remain on Good Terms?

Not at all. While a cooperative relationship may make the process smoother, parties do not need to be on amicable terms to rely on DMA. The key requirement is that both spouses agree that the marriage has irretrievably broken down and that there is no reasonable possibility of reconciliation.

References

1. Singapore Statutes Online. (n.d.). Women’s Charter 1961 (Sections 93–94). https://sso.agc.gov.sg/Act/WC1961?ProvIds=pr93-%2Cpr94-
2. Singapore Statutes Online. (n.d.). Women’s Charter 1961 (Sections 95–95A). https://sso.agc.gov.sg/Act/WC1961?ProvIds=pr95-%2Cpr95A-
3. Singapore Courts. (n.d.). Understand the requirements for getting a divorce. https://www.judiciary.gov.sg/family/understand-requirements-getting-divorce
4. Singapore Courts. (n.d.). Divorce. https://www.judiciary.gov.sg/family/divorce
5. Family Justice Courts. (2024). Family Justice Courts Practice Directions 2024, Part 2: Proceedings under Part 10 of the Women’s Charter 1961. https://epd2024-familyjusticecourts.judiciary.gov.sg/part-2-proceedings-under-part-10-of-the-womens-charter-1961
6. Family Justice Courts. (n.d.). Therapeutic Justice Model. https://www.judiciary.gov.sg/docs/default-source/family-docs/fjc_tj_full.pdf?sfvrsn=6d5426b0_2