Expat’s Guide to Getting Divorced in Singapore
Divorce in Singapore can be a relatively straightforward process for expats, as the legal framework is well-defined and the country has clear procedures for both foreign nationals and Singaporean residents. Whether you're married to a Singaporean or another expat, or you’re a foreigner seeking a divorce, this guide will walk you through the key steps, requirements, and considerations to help you navigate the divorce process.
1. Eligibility for Divorce in Singapore
To file for divorce in Singapore, certain requirements must be met. Here's a breakdown:
Residency Requirement:
At least one spouse must be a Singaporean citizen or permanent resident.
If neither spouse is Singaporean, the marriage must have been registered in Singapore, and the couple must have lived in Singapore for at least 3 years immediately before filing for divorce.
Grounds for Divorce:
In Singapore, a divorce can be filed if the marriage has broken down irretrievably. This is the only ground for divorce, and there are several ways to prove this breakdown:
Separation: If the couple has been separated for at least 3 years (this can be reduced to 2 years if both spouses agree to the divorce).
Adultery: If one spouse has committed adultery, and the other spouse cannot reasonably be expected to live with them.
Unreasonable Behavior: If one spouse behaves in a way that makes it unreasonable for the other spouse to continue living with them (e.g., abuse, neglect, etc.).
Desertion: If one spouse has deserted the other for at least 2 years.
2. The Divorce Process in Singapore
The divorce process is generally divided into two stages: Filing for Divorce and Finalizing the Divorce. Below are the steps involved:
Step 1: Filing for Divorce
To begin the divorce process, the spouse seeking a divorce (the Plaintiff) must file a Writ for Divorce with the Family Justice Courts.
Writ for Divorce: This document outlines the details of the marriage, the breakdown of the marriage, and the grounds for divorce. It also includes any claims regarding property, children, or maintenance (spousal or child support).
Statement of Claim: This document outlines the Plaintiff’s requests regarding matters like division of assets, child custody, and maintenance.
Both the Writ for Divorce and the Statement of Claim are submitted to the court.
Step 2: Serve the Writ to the Other Spouse
Once the Writ for Divorce is filed, it needs to be served on the Defendant (the spouse who is being divorced). The Defendant is given the opportunity to file a Notice of Appearance in court to acknowledge the divorce petition.
If the Defendant agrees to the divorce, the process moves forward with minimal delay.
If the Defendant contests the divorce, a hearing will be scheduled to resolve the issue. If the divorce is uncontested, the process can be faster.
Step 3: Filing a Joint Application for Divorce (Optional for Uncontested Cases)
If both spouses agree to the divorce, they may submit a Joint Application for Divorce (i.e., consent divorce), streamlining the process and reducing costs. This application will include agreements on the division of assets, child custody, and maintenance arrangements.
Step 4: Application for Interim Judgment
Once the Writ for Divorce has been served and the Defendant has responded, the Plaintiff can apply for Interim Judgment. This judgment indicates that the court agrees the marriage has broken down irretrievably, but it is not yet the final divorce decree.
Interim Judgment: This is usually granted a few months after the divorce application, and it indicates that the court accepts that the marriage has ended.
After the Interim Judgment, the court will then look at issues such as the division of assets, custody of children, and spousal maintenance.
Step 5: Final Judgment (Decree Absolute)
After the Interim Judgment is granted, there is typically a 3-month waiting period. Once this period is over, either spouse may apply for Final Judgment (Decree Absolute), which officially dissolves the marriage and makes the divorce final.
At this stage, the court will also issue orders regarding child custody, visitation, and financial support.
3. Key Considerations in the Divorce Process
Property Division
In Singapore, there is no fixed formula for dividing assets after a divorce. Instead, the court will consider a variety of factors to ensure that the division is just and equitable. Factors considered may include:
The length of the marriage.
Contributions of both parties (both financial and non-financial).
The needs of the children (if applicable).
The financial needs and future earning capacities of both spouses.
Generally, assets like the family home, savings, investments, and other property are divided in a manner that considers both parties' contributions and future needs.
Spousal Maintenance (Alimony)
Spousal maintenance is not automatically granted in Singapore, but the court may order maintenance if:
One spouse has a financial need and the other has the ability to provide for them.
There was an unequal financial contribution to the marriage (e.g., if one spouse was a stay-at-home parent while the other worked).
The court will consider both spouses' financial circumstances and the length of the marriage when making such orders.
Child Custody and Support
Child custody and child support are critical aspects of the divorce process if the couple has children. The Singapore court is guided by the principle of the child’s best interests when making custody decisions.
Custody: This refers to the legal right to make decisions for the child (e.g., education, religion). Custody can be joint (shared by both parents) or sole (granted to one parent).
Access: This refers to the time spent with the child. Even if one parent has sole custody, the other parent typically gets access rights (visitation).
Child Support: Both parents are obligated to financially support their children. This includes paying for education, healthcare, and general living expenses.
If the parents cannot agree on child custody or maintenance, the court will make a decision based on what it believes is in the best interest of the child.
4. Mediation Services
Singapore promotes the use of mediation to help couples resolve issues like property division, child custody, and maintenance. The Family Dispute Resolution Centre (FDRC) offers mediation services to help couples settle disputes without going to trial.
Mediation can be faster, less expensive, and less emotionally draining than litigation. If mediation is successful, it can streamline the divorce process.
5. Costs of Divorce
The cost of divorce can vary widely depending on the complexity of the case and whether the divorce is contested. Here’s a rough breakdown:
Court Fees: The court filing fees for divorce applications are generally around SGD 300 to SGD 400 for a simple divorce.
Lawyer Fees: Lawyer fees can range from SGD 2,000 to SGD 8,000 or more, depending on the complexity of the case. If the divorce is uncontested, it’s typically at the lower end of this range, while a contested divorce may be more expensive.
Mediation Costs: Mediation can cost anywhere from SGD 200 to SGD 1,000 per session, depending on the mediator and the issues at hand.
6. International Considerations for Expats
If you or your spouse are foreign nationals, there are several international factors to consider:
Jurisdiction: If one of you resides outside Singapore, or if the marriage was registered in another country, it is essential to establish whether Singapore courts have jurisdiction to hear your case. Generally, if either party is a Singaporean citizen or permanent resident, or if you’ve lived in Singapore for at least 3 years, Singapore courts have jurisdiction.
Recognition of Divorce: Singapore will generally recognize foreign divorces, but it’s important to ensure that the divorce is recognized in both countries. If you plan to remarry or live in another country post-divorce, check whether the divorce will be acknowledged there.
International Child Custody: If you or your spouse plans to move abroad with the children, international child custody laws can become complicated. Singapore has signed the Hague Convention on International Child Abduction, which helps resolve issues of parental child abduction across borders.
7. After the Divorce: What to Do Next
Once the divorce is finalized, you’ll need to update various legal and personal documents:
Update your passport or identity card if you were using your spouse’s surname.
Change your name if applicable, and update your bank accounts and other official documents.
Review any financial arrangements related to alimony, child support, or asset division.
Divorce in Singapore can be straightforward, especially if both parties agree on the terms. For expats, the process is designed to accommodate both local residents and foreigners, but understanding the legal nuances is crucial for a smooth experience. Whether it’s about property division, child custody, or financial support, it’s highly recommended to seek legal advice if you encounter challenges during the process.
