What Happens After You File for Divorce in Singapore

Filing for divorce is a significant legal and emotional step. In Singapore, the process is governed by the Women’s Charter 1961, and it involves a structured series of procedures aimed at ensuring fairness, clarity, and the protection of all parties involved, particularly children. Once a divorce application is submitted to the Family Justice Courts, a range of legal and administrative steps will follow.

Preliminary Stage: Filing the Divorce Papers

The process begins with the filing of divorce documents, which must be submitted to the Family Justice Courts. The party initiating the divorce is known as the applicant, while the other party is referred to as the respondent.

The main documents include:

• Originating Application for Divorce
• Certificate of completion for the Mandatory Co-Parenting Programme (CPP) (if any)
• Notice of Proceedings (General)

Only parties who have been married for at least three years and who are domiciled or habitually resident in Singapore for at least three years before filing can initiate divorce proceedings. Exceptions apply in cases of exceptional hardship or unreasonable behaviour.

Once the documents are filed and served on the respondent, the Court process is formally initiated.

The Respondent’s Response

After being served with the divorce papers, the respondent has fourteen days to file a Notice to Contest indicating whether they intend to defend the divorce. If they choose to contest, they must then file a Reply within 28 days from the date of service.

The nature of the respondent’s response determines how the case proceeds:

• Uncontested Divorce: If the respondent agrees with the terms or does not respond, the case is considered uncontested and may proceed more swiftly.
• Contested Divorce: If the respondent disputes the grounds or ancillary matters (e.g. custody, division of assets), a longer and more complex process ensues.

The First Stage – Divorce Proceedings

Divorce in Singapore is split into two distinct stages:

1. Determining the Grounds for Divorce

To obtain a divorce, the applicant must prove that the marriage has irretrievably broken down, based on one or more of the following legal grounds:

1. Adultery by the respondent
2. Unreasonable behaviour
3. Desertion for at least two years
4. Separation for three years (with consent) or four years (without consent)

If the Court is satisfied that the grounds are met, it will grant an Interim Judgment of divorce. This is not the final divorce decree, but rather a preliminary decision that legally recognises the end of the marital relationship.

2. Mediation and Counselling

In many cases, especially those involving children, the parties may be directed to attend mandatory mediation and counselling sessions. These are overseen by the Family Dispute Resolution Division of the Family Justice Courts and are designed to encourage amicable settlements and protect the best interests of any children involved.

If an agreement is reached during mediation, it is recorded as a consent order, which becomes binding.

The Second Stage – Ancillary Matters

Once the Court is satisfied that there are sufficient grounds for divorce, it proceeds to the ancillary matters. These concern the practical and financial aspects of separation and may include:

• Custody, care and control of children
• Division of matrimonial assets
• Maintenance (alimony) for spouse and children

1. Child Custody and Access

The law emphasises the welfare of the child as paramount. Custody orders may include:

• Sole custody: One parent has legal authority over the child’s upbringing.
• Joint custody: Both parents share legal responsibility.
• Care and control: Specifies which parent the child lives with.
• Access rights: Specifies visitation rights for the non-custodial parent.

The Court often encourages shared parental responsibility, especially when both parents are involved in the child’s life.

2. Division of Matrimonial Assets

Matrimonial assets include property, savings, CPF monies, investments, and other assets acquired during the marriage. The Court divides these assets in a just and equitable manner, taking into account factors such as:

• Contributions (financial and non-financial) by both parties
• Needs of children
• Length of the marriage
• Economic status and earning potential of each party

Assets acquired before the marriage are generally excluded, unless they were significantly improved during the marriage or used by the family.

3. Maintenance

Under the Women’s Charter, a husband may be ordered to provide maintenance for his wife (or ex-wife), and both parents have a legal obligation to support their children.

Factors influencing the amount of maintenance include:

• Financial needs and income of both parties
• Standard of living during the marriage
• Contributions to the family
• Age and health of the parties and children

Maintenance can be agreed upon by the parties or determined by the Court. In some cases, nominal maintenance is ordered to preserve the right to claim a higher amount in future.

Issuance of Final Judgment

After the resolution of all ancillary matters, either by mutual agreement or by Court order, the Court will issue a Final Judgment of Divorce approximately three months after the Interim Judgment. This marks the official and irreversible end of the marriage.

The three-month waiting period is meant to allow for reconciliation, though this rarely occurs once an Interim Judgment is granted.

Enforcement of Orders

If a party fails to comply with Court orders, for example, failing to pay maintenance or denying access to children, the aggrieved party may apply to the Court to enforce those orders. Enforcement measures include:

• Garnishee orders (deducting money directly from bank accounts or salary)
• Seizure and sale of property
• Committal proceedings (contempt of Court)

Post-Divorce Considerations

You should take the following steps post-divorce:

1. Update your Legal Documents

After divorce, individuals should update their Wills, insurance policies and CPF nominations, as former spouses are not automatically removed as beneficiaries. This is important to ensure that assets are distributed according to the individual’s current wishes.

2. Custody Adjustments

As children grow or circumstances change, either party may apply for a variation of custody or access arrangements. The Court will again prioritise the welfare of the child.

3. Re-marriage

Once the Final Judgment is granted, both parties are free to remarry. However, if one party intends to remarry and there are unresolved matters from the divorce (e.g. unpaid maintenance), complications may arise.

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.