What to Do If Your Spouse Doesn’t Agree to Divorce

If you are contemplating filing for divorce but your spouse does not agree, it is important to understand your rights, the options available to you and the necessary steps to take in order for you to move forward.

Grounds for Divorce 

In Singapore, the only ground for divorce is the irretrievable breakdown of the marriage. The Court must be convinced that the marriage cannot be saved. According to the Women’s Charter 1961, the grounds for divorce include:

1. Adultery

One spouse’s extramarital affair is a ground for divorce if it can be shown that the marriage has irretrievably broken down as a result of the adultery.

2. Unreasonable Behaviour

It can be a ground for divorce if one spouse is abusive, neglectful or engages in other types of unreasonable behaviour, making the marriage impossible to continue.

3. Desertion

Desertion can be cited as grounds for divorce if one spouse leaves the other without a reasonable explanation for a continuous period of at least two years.

4. Separation for 3 Years or More

If the parties have been living separately for at least three years, a divorce can be filed if both spouses agree to the divorce. 

5. Separation for 4 Years or More

If one spouse objects to the divorce, the other can still file for divorce after four years of separation.

6. Divorce by Mutual Agreement

The parties may file for divorce if both of them agree that the marriage has irretrievably broken down.

Even if your spouse does not agree to the divorce, you may still be able to proceed if you can prove one of the above grounds. The most common grounds for divorce when a spouse refuses to consent are unreasonable behaviour and separation for an extended period.

Attempt Mediation or Counselling

Prior to commencing litigation, parties are encouraged to attempt mediation or marriage counselling. If your spouse does not agree to divorce, it may be helpful to suggest that you participate in professional counselling or mediation, such as those provided by the Singapore Mediation Centre or Family Service Centres.

Mediation allows both parties to engage in open discussions in the presence of a neutral third party. The aim is to address any misunderstandings, improve communication and attempt to resolve issues without resorting to legal action.

You may still proceed with divorce if mediation is unsuccessful, but it is beneficial to show the Court that you attempted alternative dispute resolution first. 

Separation 

If your spouse refuses to divorce and mediation doesn’t yield positive results, separation may be the next option. As mentioned above, a separation of at least three years is one of the grounds for divorce. During this time, you and your spouse can live separately, which means you may reside in different homes, stop sharing financial obligations and cease performing marital duties.

If your spouse does not agree to a divorce but you still want to proceed, a period of separation may be an effective way to demonstrate that the marriage has irretrievably broken down. Even if your spouse disagrees, the law allows you to apply for divorce without consent from your spouse after four years of separation.

1. Effective Separation

Separation doesn’t require mutual consent, but it must be genuine. For example, if you continue to live under the same roof without fulfilling your marital obligations, the Court might view this as ineffective separation. The more substantial the separation (both physically and emotionally), the stronger your case for an irretrievable breakdown of the marriage.

2. Document the Separation

It is important to keep detailed records of the separation process. This may include keeping track of when you separated, the reasons for the separation and any communication with your spouse about it. Documenting the process will help strengthen your case should you decide to proceed with a divorce.

File for Divorce With or Without Spouse’s Consent

In Singapore, divorce can be filed even if one spouse does not consent, as long as the ground of irretrievable breakdown of the marriage is established. The process typically involves the following steps:

1. Filing the Divorce Application

The first step is to file a divorce application with the Family Justice Courts. If your spouse agrees to the divorce, you can jointly file a Writ for Divorce. However, if your spouse does not agree, you must file a Notice of Divorce and a Statement of Claim, detailing the reasons for the breakdown of the marriage.

2. Serving the Divorce Papers

After filing, you will need to serve the divorce papers to your spouse. If you have a lawyer, they will assist you with service. If your spouse is uncooperative, you may need to go through the Court’s process for service. If your spouse refuses to acknowledge or accept the divorce papers, the Court can still proceed with the case.

3. Court Proceedings

If your spouse disagrees with the divorce, the Court may schedule a hearing to discuss the matter further. The Court will evaluate the grounds for the divorce, as well as any evidence that supports the claim of an irretrievable breakdown of the marriage. If the Court is satisfied that the marriage has indeed broken down, the divorce will be granted.

If your spouse doesn’t agree to the divorce, they can:

1. Contest the divorce by filing a defence;
2. Ignore the divorce papers and refuse to attend any Court hearings;
3. Evade service of Court documents.

Seek Legal Advice

It is recommended that you seek legal advice if you are having trouble obtaining consent from your spouse to divorce. A lawyer will help you understand your rights, assist you in navigating legal procedures, and ensure that your interests are protected. If your spouse is being difficult and not agreeing to the divorce, a lawyer can also help you evaluate your options and guide you through the process of filing for divorce.

While it can be difficult when your spouse doesn’t agree to a divorce, the laws in Singapore still provide you with several options to proceed with the dissolution of your marriage. Understanding the grounds for divorce, attempting mediation or counselling, and, if necessary, pursuing legal action through separation or Court proceedings are all valid pathways.

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.