Legal requirements

1. You must have been married for at least 3 years at the time your petition is filed in court. You can only do an early application if you can satisfy the court that you have suffered exceptional hardship or that your spouse has been exceptionally unreasonable and cruel.

   Q: My wife and I have been married for only 9 months. Can we get a divorce?

   No, you must be married for at least 3 years before you can file for divorce. However, if you can proof circumstances that make it difficult for you to wait for 3 years, you can apply to court to do away with the 3-year requirement.
    

2. You or your spouse must either be citizens or permanent residents of Singapore. If neither of you are not, you can still petition provided that either of you have resided continuously in Singapore for 3 years immediately before filing the petition.
3. Your marriage must have taken place in Singapore and registered with the Registry of Marriages or in a country that practices monogamous marriages - marriages that only allow a man to have only one wife.
4. Your marriage must have broken down irretrievably.

   Q: When would a marriage be considered to have broken down irretrievably?

   1. The Respondent (the person being sued) has committed adultery with another person (called the Co-respondent) and the Petitioner (the person suing) finds it intolerable to live with the other party.

      However, if the parties lived with each other for more than 6 months after it became known to the Petitioner that the Respondent had, since the celebration of the marriage, committed adultery, then the Petitioner shall not be entitled to rely on that adultery for the purpose of applying for divorce.

      Q: If my wife committed adultery with another man, can I sue the man for damages?

      No.
       

   2. The Respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the other party.

      The fact that the parties lived together after the occurrence of the final incident shall be disregarded if that period is 6 months or less. If the parties lived together for more than 6 months, the fact of living together can be taken into account in evaluating if the Petitioner cannot reasonably be expected to live with the Respondent.
       

   3. The Respondent has left the Petitioner without any good reason for a continuous period of at least 2 years (desertion).
       
   4. The parties have lived apart for a continuous period of at least 3 years and that the Respondent agrees to the divorce (3-Years Separation);
       
   5. That the parties have lived apart for a continuous period of at least 4 years. No consent of the Respondent is required. (4-Years Separation).
       
   The period of desertion or separation will still be considered as continuous even though the parties resume living together for a period or aggregate of periods of not more than 6 months.

   Q: Will a divorce in USA be recognized in Singapore?

   Yes.

   Q: Do I need a Deed of Separation?

   In situations where your circumstances do not satisfy any of the above, you may wish to be separated from your spouse for a period of time before the divorce. If so, you may wish to have a contract called a Deed of Separation that clearly spells out the terms and conditions governing the relationship between you and your spouse during this period of separation.
    

5. Before granting the divorce, the Court will consider all the circumstances including the conduct of both parties and how the interests of the children will be affected if the marriage is dissolved.
6. On the hearing of the Petition, if the Judge is satisfied that there are legal grounds for divorce, a Decree Nisi (to be made absolute after 3 months) will be granted. The parties are free to marry only after the Decree Absolute has been made by the Court.

• If you are suing for a divorce
• If you are sued for a divorce
• Costs in divorce proceedings
• Judicial Separation
• Nullity
• Void Marriages
• Voidable Marriages