Evidence You Need to Prove Irretrievable Breakdown of Marriage

In Singapore, the dissolution of marriage (divorce) is governed by the Women’s Charter 1961 (WC) which stipulates that a divorce may be granted only if a marriage has irretrievably broken down (section 95).

To establish this, one must provide evidence supporting one of the six grounds outlined in Section 95A of the WC:

1. Adultery
2. Unreasonable behaviour
3. Desertion for a period of 2 or more years
4. Separation for 3 years (with spouse’s consent)
5. Separation for 4 years
6. Mutual agreement

1. Adultery

Section 95A(1)(a) of the WC states that a marriage is taken to have irretrievably broken down if and only if one spouse has committed adultery and the other spouse finds it intolerable to live with them.

If one wishes to choose to rely on the ground of adultery, one must file for divorce within 6 months of discovering the adultery. If the spouse relying on the ground of adultery continues to live with the adulterous spouse for more than 6 months despite being aware of the adultery, then they cannot rely on the ground of adultery.

In order to prove adultery, one must show that one’s spouse had sexual intercourse with a third party. The following evidence may be presented to substantiate a claim of adultery:

• Private Investigator Reports: Hire a private investigator to investigate and document evidence of the adulterous acts. The private investigator will provide a report that may be used as evidence in Court.

• Photographs or Videos: Any visual proof capturing the adulterous acts or the adulterer and the third party in intimate situations.

• Electronic Communication: Text messages, emails and/or social media conversations indicating infidelity.

• Witness Statements: Sworn testimonials from people who have witnessed the adulterous relationship.

The burden of proof lies with the spouse seeking a divorce to establish that the adultery had occurred and that they find it intolerable to continue living with the adulterer.

2. Unreasonable Behaviour

Section 95A(1)(b) of the WC states that a marriage is taken to have irretrievably broken down if and only if one spouse has behaved in such a way that the other spouse cannot reasonably be expected to live with them.

Unreasonable behaviour is subjective. Some examples of unreasonable behaviour include:

• Domestic Violence: One spouse has been physically and/or verbally abusive towards the other spouse or has threatened the other spouse with violence.

Evidence that may be presented to prove unreasonable behaviour include:

1. Medical reports;
2. Police records documenting instances of physical abuse;
3. Third party witness accounts witnessing the violence.

• Psychological Abuse

• Addiction: Drug abuse, alcohol abuse and/or gambling problems.

• Neglect: Where one spouse has neglected their duties or responsibilities in the marriage towards the other spouse and/or to the children.

• Other unreasonable behaviour: One spouse repeatedly criticises and/or insults the other spouse, showing them no respect during the marriage.

The Court will look at the cumulative effect of such behaviour over time, rather than isolated incidents.

3. Desertion for Two Years

Section 95A(1)(c) of the WC states that a marriage is taken to have irretrievably broken down if and only if one spouse has deserted the other spouse for a continuous period of 2 or more years immediately before the application for divorce.

To prove desertion, one needs to show that their spouse packed up, left the matrimonial home and does not intend to continue the marriage.

Evidence that may be presented to prove desertion include:

• Affidavits: Statements detailing the period and circumstances of desertion.

• Witness Testimonies: Accounts from individuals who were aware of the desertion.

• Communication records: Letters, emails, messages, phone conversations establishing the intention to abandon the marriage.

The deserted spouse must show that the desertion was against their wishes.

4. Separation for Three Years (with Spouse’s consent) (no-fault)

Section 95A(1)(d) of the WC states that a marriage is taken to have irretrievably broken down if and only if the spouses have lived apart for a continuous period of 3 or more years immediately before the application for divorce, and both consent to the divorce being granted by the Court.

  The following evidence may be presented to establish this ground:

• Deed of Separation: A formal agreement between the parties outlining the terms of the separation.
• Affidavits: Statements from both parties confirming the separation period and mutual consent.
• Witness Testimonies: Accounts from individuals who are aware of the separation.

The separation must be voluntary and not due to necessary circumstances such as working overseas.

5. Separation for Four Years

Section 95A(1)(e) of the WC states that a marriage is taken to have irretrievably broken down if and only if the spouses have lived apart for a continuous period of four or more years immediately before the application for divorce, regardless of whether the other spouse has consented to the divorce.

The following evidence may be presented to establish this ground:

• Affidavits: Statements from both parties confirming the separation period.

• Witness Testimonies: Accounts from individuals who are aware of the separation.

• Communication Records: Letters or messages indicating an intention to separate.

The four-year period of separation must be continuous, with no interruptions exceeding six months.

6. Divorce by Mutual Agreement

Section 95A(1)(f) of the WC states that a marriage is taken to have irretrievably broken down if and only if both parties agree that the marriage has irretrievably broken down.

The following evidence may be presented to rely on this ground:

• Written Agreement: A document signed by both parties stating the reasons for the breakdown, efforts made towards reconciliation and arrangements agreed to regarding the division of assets and children.

• Affidavits: Statements from both parties affirming the agreement.

The Court will review the agreement to ensure that it was not obtained under duress and that both parties understand the implications of entering into the agreement.

The agreement must be comprehensive, addressing all relevant aspects of the marriage and its dissolution.

Conclusion

Proving the irretrievable breakdown of a marriage in Singapore requires presenting credible, substantiated and irrefutable evidence in support of one of the 6 grounds of the WC. Whether through documentation, testimonies, or formal agreements, such evidence must be compelling enough to convince the Court of the marriage’s dissolution. Given the complexities involved, it is advisable to seek the advice of a divorce lawyer to navigate the divorce process effectively and ensure that all procedural and evidentiary requirements are met. Contact me today at 8039 9083 for a consultation. Together, we can navigate the divorce process and help you move forward with your life.

Disclaimer: This article is intended for general guidance and informational purposes only. It does not constitute legal advice. If you require legal advice tailored to your specific situation, please consult a qualified family lawyer.