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Understand the requirements for getting a divorce
Before applying for a divorce
Parties should do all of the following before applying for a divorce in the Family Courts:
- Understand the eligibility for divorce.
- Understand the facts to rely on in support of a divorce.
- Consider all ancillary matters relating to the divorce.
Understand the eligibility for divorce
In order to be eligible to apply for a divorce in the Family Courts, you or your spouse must:
- Be a Singapore citizen or have been living in Singapore for 3 continuous years immediately prior to the filing of a divorce application.
- Have been married for at least 3 years.
- You cannot file for a divorce if you and your spouse have been married for less than 3 years unless permission is obtained to do so.
- Are married under civil law.
- Parties married under Syariah law should file for divorce in the Syariah Court instead.
- Parties married under Syariah law should file for divorce in the Syariah Court instead.
Understand the facts to rely on in support of a divorce
Parties will be granted a divorce only if the court finds that their marriage has irretrievably broken down.
If you intend to file a matrimonial application for divorce, you must show the court that you are relying on one or more of these facts to prove that your marriage has irretrievably broken down.
Legal facts | Explanation | When you may file for divorce and the evidence required |
|---|---|---|
Adultery | Your spouse has cheated on you by having sexual relations with someone who is not you, and you find it intolerable to live with your spouse. | As soon as adultery is known. |
Unreasonable behaviour | Your spouse has inflicted physical or mental abuse or any other misconduct, or behaved in a manner that you cannot be reasonably expected to live with them. | At any time after the incident has taken place. |
Desertion | Your spouse has left you against your wishes and completely rejected the marital relationship. | After 2 years from the date of desertion. |
Separation | You and your spouse have been living separately and apart, or together but maintaining different households. | After 3 years from the date of separation and your spouse agrees to the divorce based on the fact that both of you have been living separately and apart for 3 years. Or (if you have not obtained your spouse's consent to the divorce), 4 years from the date of separation. |
| Mutual agreement | You and your spouse agree that the marriage has irretrievably broken down. | As soon as you and your spouse agree that the marriage has irretrievably broken down.
|
Consider all ancillary matters relating to the divorce
Parties will need to think about all the following ancillary matters before applying for a divorce.
Ancillary matters | Includes issues relating to... |
|---|---|
Children's care arrangements |
|
Wife's or incapacitated husband's maintenance | The amount of financial support given to the spouse. This may be any of the following:
|
Assets distribution |
|
Costs of divorce proceedings | Who will bear the costs of the divorce proceedings. This may be:
|
If parties reach an agreement
If parties can reach an agreement on the divorce before the matrimonial application for divorce is filed, the divorce proceedings can commence on a simplified track.
- If you have filed before 15 October 2024, parties must reach an agreement on both the divorce and the ancillary matters to file on the simplified track.
If parties do not reach an agreement
If parties cannot reach an agreement on the divorce before the matrimonial application for divorce is filed, they will have to file a matrimonial application for divorce on a normal track.
- If you are filing before 15 October 2024, parties that do not reach an agreement on either the divorce or the ancillary matters will need to file on the normal track.
Tip
Applying for a divorce should be the last option after all other means of resolving any marital issues have not been effective.
Parties may wish to consider attending counselling or any of the support programmes available at the Strengthening Families Programme@Family Service Centres (FAM@FSCs) and Divorce Support Specialist Agencies (DSSAs).
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out moreResources
For filings commenced on or after 15 October 2024, refer to:
- Divorce in Singapore: the essentials (PDF, 123 KB).
- Divorce in Singapore: processes in a glance (PDF, 442 KB).
- CPF Suggested Clauses in Order of Court for Transfer (PDF, 293 KB).
- CPF Suggested Clauses in Order of Court for Charging (PDF, 302 KB).
- CPF Suggested Standard Clauses to include in Injunction Orders (PDF, 93 KB).
- CPF Suggested Clauses for Disclosure Orders (PDF, 76 KB).
- Specimen Government Medical Certificate (DOCX, 18 KB) for absence from court attendance.
Legislation associated with this topic includes:
- Part 10 of the Women's Charter.
- Family Justice Act.
- For filings commenced on or after 15 October 2024, refer to:
- Part 2 of the Family Justice (General) Rules 2024.
- For filings commenced before 15 October 2024, refer to:
- Part 5 of Division 2 of the Family Justice Rules 2014.
For filings commenced on or after 15 October 2024, refer to Part 2 of the Family Justice Courts Practice Directions 2024 for proceedings for the dissolution of marriage under Part 10 of the Women's Charter.
For filings commenced before 1 October 2024, refer to Part VI of the Family Justice Courts Practice Directions 2015 for proceedings for the dissolution of marriage under Part 10 of the Women’s Charter.
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