- There is one ground for divorce: the marriage has broken down irretrievably. You prove it with one of six facts.
- Divorce by mutual agreement became one of the six facts on 1 July 2024.
- You generally cannot file until three years after the marriage, unless the court gives permission for exceptional hardship or exceptional depravity.
- Parents with a child below 21 must both complete the Co-Parenting Programme before filing.
- The marriage ends only when the Final Judgment is extracted, at least three months after the Interim Judgment.
Who this applies to
Civil divorce in Singapore is governed by the Women's Charter and heard by the Family Justice Courts. If you married under Muslim law, your divorce goes through the Syariah Court under the Administration of Muslim Law Act instead. We cover that in a separate guide.
The court can only hear the case if one spouse is domiciled in Singapore, or has been habitually resident here for at least three years before filing.
The ground and the six facts
There is only one ground for divorce: the marriage has broken down irretrievably. To show this, you rely on one or more of six facts.
- Adultery, where you also find it intolerable to live with your spouse. Living together for more than six months after you found out can stop you relying on it.
- Unreasonable behaviour, meaning your spouse has behaved in a way that you cannot reasonably be expected to live with.
- Desertion for a continuous period of at least two years.
- Living apart for three years, with your spouse's consent to the divorce.
- Living apart for four years, where consent is not needed.
- Divorce by mutual agreement, available since 1 July 2024.
Divorce by mutual agreement
This fact lets a couple end the marriage without either of them being blamed. You do not need to have lived apart first. Instead, you both sign a written agreement that explains why you have concluded the marriage has broken down, what you have done to try to reconcile, and what thought you have given to arrangements for your children and finances.
The court must reject the agreement if it thinks reconciliation is reasonably possible, and it can direct you to counselling or mediation. The three-year rule and the three-month gap before the divorce is final still apply.
The three-year rule
As a rule, you cannot file for divorce until three years have passed since the date of marriage. The court can give permission to file earlier only where there is exceptional hardship to the person applying or exceptional depravity by the other spouse. This is a separate rule from the separation periods above.
The Co-Parenting Programme
If you have at least one child below 21, both parents must complete the Mandatory Co-Parenting Programme before the divorce is filed. This applies whether the divorce is agreed or disputed. The programme is free. It combines online learning with a session with a counsellor, and each parent receives a certificate of completion that is filed with the divorce papers.
Starting the case
Under the Family Justice Rules 2024, divorces filed from 15 October 2024 start with a single document called an Originating Application, which replaced the old Writ for Divorce and its supporting papers. The person filing is now called the applicant and the other spouse the respondent.
The application sets out the parties, any children, the basis for the court's jurisdiction, the fact relied on and the orders sought on children, maintenance and assets. It must then be served on the respondent.
If you both agree on the divorce and the fact relied on before filing, the case can go on the simplified track. If not, it goes on the normal track. Our guide to uncontested and contested divorce explains the difference.
Interim Judgment and Final Judgment
Divorce happens in two stages. In the first, the court decides whether the marriage has broken down irretrievably. If it is satisfied, it grants an Interim Judgment. You are still married at this point.
In the second stage, the court deals with the ancillary matters, meaning arrangements for the children, maintenance and the division of matrimonial assets, unless you have already agreed them.
The Final Judgment can be extracted three months after the Interim Judgment, or once all ancillary matters are resolved, whichever is later. The marriage ends when the Final Judgment is extracted, and only then can either of you remarry.
Getting advice
Which fact to rely on, whether you meet the three-year rule and what to put in the application all depend on your circumstances. It is worth speaking with a family lawyer about your situation before you file or sign anything.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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