Divorce by Mutual Agreement in Singapore
Recent changes in Singapore’s family law have introduced a basis for divorces to be granted on mutual agreements, simplifying and expediting divorce proceedings while minimizing the psychological and economic stigma of traditional divorces.
What is Divorce by Mutual Agreement?
Traditionally, parties seeking a Divorce in Singapore often refer to one of the following grounds stated in section 95 of the Women’ Charter to obtain a divorce:
- Adultery (I.e. Unfaithfulness) : Spouse had engaged in sexual connections outside of the marriage, and Applicant shows intolerance to living together.
- Unreasonable behaviour (I.e. Drug addiction, Mental and/or verbal abuse, Physical abuse, Compulsive habits, Financially irresponsible, Refuses to care for the children of the marriage) : Spouse has demonstrated behaviours of psychological and bodily misconduct where Applicant is no longer expected to live with him or her.
- 2 years desertion/abandonment (I.e. Rejection of spousal bond) : Spouse has left and neglected martial relationship without consent.
- Separation of 3 years with Spouse’s consent, 4 years without Spouse’s consent, showing clear disruption to marital and sexual relationship : Both parties remain in separate households.
However, as of 1 July 2024, divorce by mutual agreement is now recognised as another ground for concluding that a marriage that has irretrievably broken down (A permanent failure of a marriage). Divorces by mutual agreement involve spouses coming to an agreement about the irretrievable breakdown of the marriage without attributing fault to either party.
Understanding the Process for a Divorce by Mutual Agreement
Before any divorce proceedings may commence, irrespective of any reasonings, if there are any children between the parties aged below 21, both parties must attend a Mandatory Co-Parenting Program (CPP) instilled by the MSF. After completion, parties must acquire a Certificate of Completion, along with an Originating Application for Divorce to be filed for the Applicant or the cross-application for the Respondent.
Divorces under mutual agreement are obliged to submit an Agreement Form stating the irretrievable breakdown of the marriage, including the following:
- Reasons why the marriage has faced an irretrievable breakdown.
- Failed attempts and efforts of reconciliation – the Agreement that Marriage Has Irretrievably Broken Down should detail how the couple attempted to reconcile but all attempts were unfruitful. For example, parties attending mediation or counselling sessions, but parties eventually being unable to resolve their differences.
- Considerations and concerns regarding ancillary factors. (I.e. Care and control of children, financial divisions, spousal maintenance)
It is also important to consider that when filing for a divorce by mutual agreement, the Family Justice Courts will assess the contents of the particulars and consider factors such as whether parties entered into the agreement that the marriage has broken down irretrievably under their own free will and whether the parties understand the terms of the agreement. In the event that the Family Justice Courts deems the written agreement is insufficient, parties may be directed to attend mediation, counselling or family support program.
Additionally, under s 139F(2) of the Women’s Charter 1971, if the court considers that there is a reasonably possibility that the parties might reconcile, the court may do all or any of the following things to facilitate a possible reconciliation:
(a) adjourn the proceedings;
(b) if the parties consent, interview the parties in chambers;
(c) nominate a conciliation officer or some other suitable person or organisation to assist the parties;
(d) advise the parties to attend a family support programme.
The introduction of the divorce by mutual agreement law represents a significant shift towards a more collaborative approach to marital dissolution in Singapore. By streamlining the process and emphasizing mediation, the law aims to reduce the adversarial nature of divorce proceedings and promote healthier outcomes for all parties involved.
Benefits of Divorce by Mutual Agreement
- Reduced Costs: Divorce by mutual agreement may help simplify the process and eliminate the need for protracted legal battles. With the introduction of divorce by mutual agreement, the new law can significantly reduce legal costs for couples as there would be a mutual agreement between parties to divorce. This financial relief can be particularly beneficial for individuals who may be struggling with the economic impact of divorce.
- Faster Resolution: The streamlined procedures facilitate a quicker resolution, allowing couples to move forward with their lives more rapidly. This efficiency can alleviate the emotional stress associated with prolonged legal disputes.
- Improved Relationships: The emphasis on “no-fault” promotes amicability as parties do not need to specifically point out the flaws and faults of the other party. A no-fault divorce encourages couples to communicate and collaborate effectively which can lead to more respectful and cooperative post-divorce relationships. This is especially important when children are involved.
Conclusion
The introduction of divorce by mutual agreement in Singapore represents a forward-thinking approach to family law, reflecting a growing recognition of the need for more compassionate and practical solutions to marital dissolution as opposed to the traditional fault-based approach which can take an emotional and mental toll.
By eliminating the need to prove fault and allowing couples to initiate proceedings together, this reform not only reduces the emotional and financial burdens associated with traditional divorce but also encourages amicable communication. With benefits such as lower costs, quicker resolutions, and improved post-divorce relationships, the new framework aims to foster healthier outcomes for families, particularly those with children. Overall, this shift reflects a progressive understanding of divorce, prioritizing cooperation over conflict.