Definition of Divorce

A divorce is a legal process to officially end a marriage. There are essentially two tracks to apply for a divorce, namely the Simplified Track and the Normal Track.

• The Simplified Track is applicable if both parties are agreeable on the divorce before the application is filed.
• The Normal Track is applicable if parties cannot agree on the divorce before the application is filed.

For applications before 15 October 2024,

• The Simplified Track is applicable if both parties are agreeable on the divorce and all ancillary matters before the application is filed.
• The Normal Track is applicable if parties are not agreeable to any of the matters relating to the divorce before the application is filed.

Muslims married under Syariah law must make an application in the Syariah Court.

What are the requirements for a divorce

To apply for divorce in the Family Courts:

1. Either the applicant or his/her spouse must be a Singapore citizen of live in Singapore for 3 continuous years prior to the application
2. Parties must be married for 3 years or more
3. The marriage has irretrievably broken down

To prove that a marriage has irretrievably broken down, a party may rely on:

1. Adultery
2. Unreasonable behaviour
3. Desertion for more than 2 years
4. Separation for more than 3 years
5. Mutual agreement

Ancillary matters

Ancillary matters to the divorce refer to the following:

1. Care arrangements for the children
2. Maintenance for wife or incapacitated husband
3. Distribution of matrimonial assets
4. Legal costs of the divorce application

For child care arrangements, Parties need to decide on:

1. Custody (who will make the major decisions in the child’s life – typically both parents)
2. Care and control (who will care for the child on a daily basis – typically the mother)
3. Access (what are the access rights to the child for the parent who does not have care and control)
4. Maintenance (how much should be paid towards the child’s expenses)

Maintenance could be a nominal sum, a specified sum per month for a certain period, a lump sum or even no maintenance.

Duration and Costs of Divorce

The duration for each track differs depending on the agreement of the parties on matters relating to the divorce. A divorce proceeding on a Normal Track may take 12-18 months to conclude, and costs will be higher compared to a divorce proceeding on a Simplified Track. On the other hand, divorces proceeding on the Simplified Track take a shorter period of time to conclude, and legal fees and costs are much lower compared to the Normal Track.

This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.