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Introduction: Unhappiness with your marriage


Mutual agreement to divorce
[ Publication date Jan 01, 2001 ]

Q: I've talked with my husband and we both agreed that we should divorce rather than continue with the marriage. What are we supposed to do now?

A: To get divorced in Singapore, you must follow the procedure found in the Women's Charter, a collection of laws passed by our Parliament to deal with marriages, divorce and financial support of wives and children.

The first step to getting a divorce is for one of you to apply to the Family Division of the High Court. This application is called a "divorce petition" and the person applying for divorce is called a "petitioner".

1. The reason for a divorce.

There is only ONE ground for divorce in Singapore: your marriage has "broken down irretrievably". It cannot be "saved ".

A court will not accept that a marriage has irretrievably broken downunless you show that you are in any one of these 5 situations:

  1. your spouse is committing adultery (that means actually having sex with someone else) and that you cannot tolerate living with him/her OR
  2. Your spouse's behaviour is so unreasonable that you can no longer tolerate live with him/her OR
  3. your spouse has deserted you for more than 2 years- which means at least his/her their identity card and/or passport are also missing with the person and you cannot locate him/her OR
  4. You have lived apart for 3 years before applying for divorce and he/sheagrees to divorce OR
  5. You have lived apart for 4 years (in which case you do not need his/her consent).

One other thing: the courts normally do not accept that your marriage is beyond help if you have not stayed married for at least 3 years from the date of registration with the Registry of Marriages. Only in situations where you can show that:

  1. your spouse is exceptionally depraved - meaning he/she is almost psychotic, disturbed enough to be a danger to you or your children- OR
  2. you would suffer extreme hardship not suffered by other spouses
  3. will you be allowed to apply to be divorced before trying to work at your marriage for 3 years. Be prepared that the courts will look very carefully at your proof of such depravity or extreme hardship

2. Other compulsory arrangements - Children and Plans for HDB flats

I.Temporary arrangements for children - a Proposed Parenting Plan (PPP) or Agreed Parenting Plan (APP)

If you have any children below 21 years old when you are applying to be divorced, you must submit a proposal regarding how the children will be cared for during and after the break-up of the marriage. You will be required to furnish details such as:

  1. the age and birth date of the child
  2. where he or she is studying
  3. who is the principal care giver - you, your spouse, your parent/s or yourin-law(s)

II. Where you own a HDB flat

If both or either of you own a HDB flat at the time you intend to divorce, you are required to submit a Proposed / Agreed Matrimonial Property Plan.Without HDB's written approval of this Plan, the Court will not allow you to submit an application to divorce.

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