Awareness about filing for divorce

Mrs Bubbly SG

General
Before you think about getting a divorce, you may wish to consider the possibility of a reconciliation between you and your spouse. Going through a divorce is not pleasant and the effect it may have on you and your child can be traumatic.

Getting a divorce
However, if you are certain you wish to proceed with a divorce, there are several requirements which you will have to meet before a Court will order a divorce:
You must have been married for at least 3 years before you can petition (apply) for a divorce if your marriage has broken down irretrievably. However, you may petition for a divorce before 3 years of marriage if you have suffered exceptional hardship or if your spouse has been exceptionally unreasonable and cruel.

You or your spouse must be a permanent resident of Singapore at the commencement of the divorce proceedings. Alternatively, either of you must have resided in Singapore for 3 years immediately before the commencement of divorce proceedings.

What is irretrievable breakdown
The Court will only be satisfied that your marriage has broken down irretrievably if the Petitioner (the person suing for divorce) proves one or more of the following grounds :

Adultery
The Respondent (the person being sued) has committed adultery with another person (the Co-respondent) and the Petitioner finds it intolerable to live with the Respondent;

Unreasonable behaviours
The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with him/her.

Desertion
The Respondent has deserted or left the Petitioner for a continuous period of 2 years without any intention of returning.

Separation for 3 years
The Petitioner and Respondent have lived apart for a continuous period of at least 3 years and the Respondent agrees to a divorce.

Separation for 4 years
The Petitioner and the Respondent have lived apart for a continuous period of at least 4 years. No consent is required from the Respondent.

How to petition for a divorce
See a lawyer for advice and assistance. You will be advised whether you can petition for a divorce. The lawyer will then prepare the necessary legal documents on your behalf.

In a divorce proceeding, the parties may apply for :
- maintenance;
- custody; and
- other ancillary matters for example the division of matrimonial assets, including the matrimonial home.

In deciding on the division of matrimonial assets, the Court will take into consideration various factors including:
- the extent of contributions made by each party in moneys, property or work towards the acquiring of the assets;
- any debts owing by either party which were contracted for this joint benefit; and
- the needs of the minor children (if any) of the marriage.

Please see article on Custody and Maintenance for more information. Please take note that you should organise all the documents you have in support of your claim as these will have to be shown to the Court. Documents will include CPF Statements and Income Tax assessments.

Mrs Bubbly SG

When you are sued for divorce
You will be served with the Divorce Petition together with several other documents. You should consult a lawyer if you are unsure as to the implications and procedures.

If you wish to contest the divorce, you should state so in the Memorandum of Appearance sent to you and then file an Answer. These documents have to be filed in Court and served on the Petitioner's lawyers.

Even if you do not wish to contest the divorce, you can still dispute the Petitioner's claims for custody, matrimonial property, maintenance and legal fees. If the Petitioner is your husband, you may wish to claim for maintenance.

You must comply with the legal procedures and the time limits stipulated. The Notice of Proceedings served on you states clearly the procedure which you have to follow. Please consult a lawyer for assistance.

Hearing of the divorce
If the divorce is not contested, both the Petitioner and the Respondent will be given a day to appear in Court. The Petitioner will be required to confirm the statements in his/her Petition.

If the divorce is contested, both the Petitioner and the Respondent will be required to appear in Court to give evidence to support their claims. Such proceedings are usually lengthy and may prove to be unpleasant. After hearing the evidence of the parties, the Judge will decide on the disputes and claims of the parties.

Once the Judge is satisfied that there are sufficient factors which show an irretrievable breakdown of the marriage, the Judge will grant a Decree Nisi, which is an interim divorce order.

A Decree Nisi will usually be made final after all questions relating to custody, maintenance and other ancillary matters have been settled. Generally, a Decree Nisi will only be made final or Absolute after 3 months. Only when the Decree Absolute has been granted can either party marry again.

Judicial separation
If you wish to live apart permanently but do not wish to commence divorce proceedings for various reasons, then you may make an application to Court for judicial separation.

A Decree of Judicial Separation granted by the Court does not allow you to remarry. Your marriage has not been dissolved. However, you would be entitled to similar claims as in a divorce, e.g. custody, matrimonial assets.

Nullity
You may apply to Court to nullify or cancel your marriage in some circumstances, for example :
a. if at the time of your marriage, your "spouse" is already married;
b. your "spouse" has refused to consummate the marriage;
c. the marriage has not been consummated because you or your "spouse" are/is incapable of consummating it;
d. if at the time of your marriage, your "spouse" is suffering from venereal disease and you are not aware of this.
The above grounds are not exhaustive. Please consult a lawyer if you require further information.

Deed of separation
You may wish to be separated from your spouse for a period of time before you decide on a divorce. In this case, you may sign an agreement called a Deed of Separation which will set out the terms and conditions governing the relationship between you and your spouse during the period of separation. It would be advisable for you to consult a lawyer to draft the Deed of Separation.
You may decide to reconcile with your spouse after signing the Deed of Separation. Alternatively, you may proceed with your divorce after 3 years (if your spouse consents) or 4 years (if your spouse does not).

Legal Aid Bureau
If you cannot afford a lawyer, you may apply to the government-run Legal Aid Bureau for assistance. The Legal Aid Bureau is situated at :
45 Maxwell Road #08-12
The URA Centre, East Wing
Singapore 069118

Tel: (65) 1800 325 1424 (toll-free)
Fax: (65) 63251402

Please note that you have to pass a Means Test to qualify for assistance from the Legal Aid Bureau. The Means Test is a procedure to ascertain your financial position.