Key Requirements for Filing an Uncontested Divorce in Singapore

In Singapore, divorce can be classified into two main categories: contested and uncontested. An uncontested divorce is a simpler, less adversarial way of dissolving a marriage, where both parties agree to the divorce and come to mutual decisions on key matters like child custody, division of assets and spousal maintenance. Contested divorces are those whereby the spouses cannot reach an agreement on some or all of the critical issues such as the division of property, child custody, maintenance, and other related matters.

Eligibility for Filing for Divorce in Singapore

Before starting the process, it’s important to understand the eligibility criteria for filing for divorce in Singapore. The eligibility requirements are as follows:

1. Duration of Marriage

One of the most important factors for divorce eligibility in Singapore is the duration of the marriage. According to the Women’s Charter 1961, the marriage must have lasted for at least 3 years before either party can file for divorce. If the marriage is shorter than 3 years, you would need to apply for special permission from the Court to proceed with a divorce.

2. Jurisdiction

One of the spouses must be a Singaporean citizen or permanent resident. Alternatively, both parties must ordinarily reside in Singapore. If one party is living abroad, the Court may still have jurisdiction depending on the circumstances, especially if the marriage was registered in Singapore.

3. Irretrievable Breakdown of Marriage

The marriage must have broken down irretrievably. This means that reconciliation is no longer possible. In an uncontested divorce, both parties must agree that the marriage has ended and there are no grounds for saving it.

Grounds for Divorce

To file for divorce in Singapore, a spouse must prove that the marriage has broken down irretrievably. This can be done on the basis of one or more of the following grounds:

1. Adultery

If a spouse has committed adultery and the other spouse finds it intolerable to live with them, this can be a ground for divorce. However, in an uncontested divorce, both spouses must agree that adultery occurred, and they must jointly acknowledge it before the court.

2. Unreasonable Behaviour

This refers to situations where one spouse’s behaviour has made it impossible for the other spouse to continue living with them. Examples include physical abuse, emotional cruelty, or addiction issues. In an uncontested divorce, the parties must agree on the reasons for unreasonable behaviour and provide supporting evidence if necessary.

3. Desertion

Desertion occurs when one spouse leaves the marital home without consent or a reasonable explanation for a continuous period of at least two years. Both parties need to confirm that the spouse has deserted the marriage, and the deserted spouse must not have condoned the desertion.

4. Separation for Three Years or More

In cases where both parties have been living separately for at least 3 years and both agree to the divorce, the Court will likely grant the divorce under this ground. This is the most common ground in uncontested divorces, as it involves no allegations or accusations against either party.

5. Separation for Four Years or More (Without Consent of Other Spouse)

If a spouse seeks a divorce after being separated for more than 4 years, they do not need the consent of the other spouse.

The Uncontested Divorce Process

Once the eligibility and grounds for divorce have been established, the next step is to initiate the uncontested divorce process.

1. Filing the Divorce Application

The first step is to file the Originating Application for Divorce (simplified) with the Family Justice Courts (FJC). The Application must be signed by the person initiating the divorce and must be accompanied by the following documents:

• Marriage Certificate: A copy of the marriage certificate must be provided as proof of the marriage;
• Children’s birth certificates (if applicable);
• The Respondent’s consent;
• The Official assignee’s approval of the agreed ancillary relief terms;
• The Central Provident Fund (CPF) checklist for consent orders (if applicable);
• The search results related to bankruptcy proceedings (if applicable).

In an uncontested divorce, the other spouse (the Respondent) must also be informed of the Application. However, since the divorce is uncontested, the Respondent would acknowledge receipt and agree to the terms without any dispute.

3. Certificate of completion for the Mandatory Co-Parenting Programme (CPP)

It is compulsory for both parties to attend the CPP before filing a matrimonial application for divorce if the parties have children under 21 years of age.

4. Acknowledgement and Consent

After the divorce Application is approved, the Court will issue a Registrar’s Notice to notify the parties and their lawyers (if any) of the uncontested divorce date scheduled within 4 to 5 weeks. The Applicant must also serve the Application on the Respondent and file the Affidavit of Service within 14 days of filing the Application.

5. Filing of the Applicant’s Affidavit of Evidence in Chief

The Applicant must complete and sign the Affidavit of Evidence in Chief.

6. Interim Judgment

Once the necessary documents have been filed and both parties have consented to the divorce, the Court may issue an Interim Judgment. This is a provisional ruling that the marriage can be dissolved. It is typically granted a few weeks after the petition is filed. At this stage, the Court will review the terms of the agreement and may issue an order for the division of assets, custody and other matters.

7. Final Judgment (Decree Absolute)

Approximately 3 months after the Interim Judgment, the Court will issue a Decree Absolute, which is the final legal document that officially dissolves the marriage. The Decree Absolute signifies the completion of the divorce process.

Important Considerations in an Uncontested Divorce

Although an uncontested divorce is simpler than a contested divorce, there are still some important factors to consider before proceeding:

1. Division of Assets

In an uncontested divorce, both parties must agree on how to divide their marital assets. This may include real estate, savings, investments and other property accumulated during the marriage. In the FJC, assets are divided in a way that is fair but not necessarily equal.

2. Child Custody and Maintenance

If children are involved, the parents must reach an agreement on custody, care and control of the children, as well as on child maintenance. Courts generally favour arrangements that are in the best interests of the children. The Parenting Plan is an important part of the divorce process, where parents outline their agreement regarding visitation schedules, schooling and general care for the welfare of the children.

3. Spousal Maintenance

In some cases, one spouse may be entitled to spousal maintenance after the divorce. This is particularly relevant if there is a significant disparity in income or financial resources between the parties. Both parties must agree on this matter during the divorce process.

4. Legal Costs

While uncontested divorces are generally less costly than contested ones, there are still legal fees and Court costs to consider. In uncontested divorces, the parties may agree to share the costs equally.

Filing for an uncontested divorce in Singapore is a relatively straightforward process if both parties are in agreement. An uncontested divorce allows both parties to reach mutual agreements regarding important issues like child custody and asset division, and is generally faster and less costly than a contested divorce. However, it is still advisable to seek legal advice to ensure that all legal requirements are met and that the divorce process is conducted fairly and according to the law.