What Is The Ground For Divorce In Singapore?

Under the Women’s Charter, the only way that you can get the court to grant you a divorce in Singapore is by being able to prove that your marriage has irretrievably broken down. 

You can prove an irretrievable breakdown in marriage through any of these 5 factors:

1. Adultery
2. Unreasonable Behaviour
3. Desertion
4. 3-Year Separation (With the consent of your spouse)
5. 4-Year Separation (Without the consent of your spouse)

Adultery

Your spouse has committed adultery by engaging in sexual relations with someone else, and you want to get a divorce because you find it intolerable to live with him/her.

In order to prove that your spouse has committed adultery, there has to be one of the following scenarios:

• Your spouse has confessed to the adultery (e.g. By telling you about it)
• You have direct evidence that your spouse has committed adultery (e.g. You caught your spouse in bed with someone else)
• You have indirect evidence that proves the commission of adultery based on your spouse’s inclination and opportunity to commit the act with another person/persons (e.g. Your spouse goes on a cruise with someone else, and you found photos of them looking real cosy)
• You have indirect evidence that proves the commission of adultery based on the birth of a child that is not yours (e.g. The child could not possibly biologically belong to you – different skin colour / You had a DNA test done).

Other points worth noting:

• In addition to any one of the points above, you will still have to supplement the court with proof that you find it intolerable to continue living with your spouse. Only then will the court find that your marriage has irretrievably broken down.
• Your spouse’s commission of adultery cannot be used as proof of an irretrievably broken down marriage if you have continued to cohabit with your spouse for more than 6 months after coming to know about the adultery.

Unreasonable Behaviour

Your spouse has behaved / is behaving in an unreasonable way and you find it intolerable to live with him/her. In order to prove that your spouse’s behaviour is unreasonable, you will have to satisfy the court that the behaviour is such that you cannot be reasonably expected to live with him/her.

Your spouse’s unreasonable conduct or behaviour:

• May be active (e.g. Hits you) or passive (e.g. Refuses to communicate with you)
• Can be a cumulated behaviour (e.g. May not be frequent but has happened mulitple times over a period of time, and is still happening)

Some examples of such behaviour:

• Your spouse verbally or physically abuses you
• Your spouse has rage / anger management issues
• Your spouse stays out late or does not come home
• Your spouse makes unreasonable demands from you
• Your spouse is unfaithful

Other points worth noting:

• If you want to rely on this fact, you must not have cohabited with your spouse for more than 6 months from the time your spouse last committed an unreasonable behaviour.

Desertion

If your spouse has abandoned you against your wishes for at least 2 years, you will be able to file for divorce. In order to prove this desertion;

• You and your spouse have to be living separately from each other.
• It was your spouse’s decision and intention to desert you by living separately from you and;
  
  
  • You did not consent to living separately from your spouse
  • Your spouse is capable of forming his/her intention to desert you
  • There was no reasonable cause for your spouse to live separately from you

Other points worth noting:

The desertion is not limited to the spouse who actually leaves the matrimonial home. In Buchler v Buchler (1947), it was established that a spouse who behaves in a way to drive the other out of the matrimonial home with the intention to bring their marriage to an end, could be regarded as the deserter.

3-Year Separation

This fact applies if you and your spouse have lived separately for at least 3 years, and your spouse gives his/her consent to a divorce judgment being granted. In order to prove this separation;

• You and your spouse had to be living separately from each other
• You or your spouse had the intention of terminating your marital cohabitation

4-Year Separation

You and your spouse have lived apart for a continuous period of at least 4 years. Your spouse’s consent is not required for the judgment of divorce to be awarded. In order to prove this separation;

• You and your spouse had to be living separately from each other
• Your living separately was by choice rather than out of necessity

Choosing the right factor for divorce helps to make the divorce process more straightforward. If you and your spouse are able to come to an agreement on the ground for divorce, and the ancillary matters (i.e. child custody, division of your matrimonial assets, etc), then you might qualify for the Simple Uncontested Divorce Process.

If you are contemplating your options with respect to a divorce, we can assist. Just get in touch with us through our contact form below and we will follow up with you regarding your matter.