If you are looking for a divorce lawyer in Singapore, you are probably facing one of the more difficult periods of your life. Our role is to give you clear advice about where you stand, what the process involves, and what outcomes are realistically available to you.
Yeo Marini Law Corporation acts for husbands and wives in both simplified and contested divorces before the Family Justice Courts. All our lawyers are fluent in English and Mandarin, so you can discuss your matter in whichever language you are most comfortable with.
Can you file for divorce in Singapore?
Before you can file, two threshold questions need to be answered.
Jurisdiction. Either you or your spouse must be domiciled in Singapore at the start of the proceedings, or habitually resident in Singapore for at least three years immediately before filing.
Length of the marriage. As a general rule you must have been married for at least three years. An earlier filing is generally permitted only in limited circumstances, where there has been exceptional hardship suffered by the applicant or exceptional depravity on the part of the other party.
The ground for divorce
There is only one ground for divorce under the Women’s Charter 1961: that the marriage has irretrievably broken down. That ground must be proved by establishing one of the following facts.
- Adultery, and that you find it intolerable to live with your spouse
- Unreasonable behaviour, meaning your spouse has behaved in such a way that you cannot reasonably be expected to live with them
- Desertion for a continuous period of at least two years
- Separation for at least three years, where your spouse consents to the divorce
- Separation for at least four years, where consent is not required
- Divorce by mutual agreement, available since 1 July 2024, where both parties agree that the marriage has irretrievably broken down and set out their reasons and efforts at reconciliation
Choosing the right fact matters. It affects the tone of the proceedings, the evidence you need, and often how contested the matter becomes. We will talk this through with you before anything is filed.
Simplified and contested divorce
A simplified divorce is available where you and your spouse agree on the divorce itself and on all the ancillary matters, meaning the division of assets, maintenance, and arrangements for the children. It is faster and considerably less expensive. Where agreement is possible, we will work towards it.
A contested divorce arises where the parties disagree on the divorce itself or on any of the ancillary matters. This may involve affidavits of assets and means, discovery and interrogatories, and a contested hearing before a judge.
We handle both. We have acted in matters involving complex discovery applications, allegations of asset dissipation, and acrimonious proceedings requiring careful strategic management.
The two stages of a divorce
A Singapore divorce proceeds in two stages.
Stage one deals with the dissolution of the marriage. Where the court is satisfied that the marriage has irretrievably broken down, an interim judgment is generally granted.
Stage two deals with the ancillary matters. Once these are resolved, whether by agreement or after a hearing, final judgment may be granted. Final judgment is ordinarily available three months after the interim judgment, and it is only at that point that you are free to remarry.
Division of matrimonial assets
Matrimonial assets are generally divided in the proportions the court considers just and equitable. This is not an automatic equal split.
Where both parties have made financial contributions, a structured approach is generally applied: the direct financial contributions of each party are assessed, then their indirect contributions, both financial and non-financial, and the two are weighted to arrive at an average ratio. Adjustments may then be made for other relevant factors.
What counts as a matrimonial asset, how the matrimonial home is treated, how CPF monies are dealt with, and how assets acquired before the marriage are characterised are all areas where careful advice makes a real difference to the outcome.
Maintenance
Maintenance for a wife may generally be ordered against a husband, and in defined circumstances maintenance for an incapacitated husband against a wife. Maintenance for children may be ordered against either parent.
Maintenance is assessed by reference to the financial needs of the party and the child, the earning capacity and resources of each party, the standard of living enjoyed during the marriage, and the contributions each party made. Orders can be varied later where there has been a material change in circumstances.
Children: custody, care and control, and access
These three terms are often confused, and the distinction matters.
- Custody concerns who makes major decisions about the child, such as education, religion and healthcare. Joint custody is commonly ordered.
- Care and control concerns who the child lives with day to day.
- Access concerns the time the other parent spends with the child.
In every decision the welfare of the child is the paramount consideration. Where there are children below 21, parties are generally required to complete the Mandatory Parenting Programme before filing.
Related family matters
Divorce rarely arrives on its own. We also advise on personal protection orders, applications under the Protection from Harassment Act, maintenance applications, and variations of existing orders. Where a spouse has assets or proceedings overseas, we can advise on how that affects your position here.
Common questions
How long does a divorce take in Singapore?
A simplified divorce, where both parties agree on the divorce and all ancillary matters, can conclude within a few months. A contested divorce takes considerably longer, often a year or more, depending on the number of interlocutory applications, compliance with directions, and the issues in dispute. Timelines are very fact specific. Final judgment is ordinarily available three months after interim judgment.
Do I need to be married for three years before filing for divorce?
As a general rule, yes. An earlier filing is generally permitted only in limited circumstances, where the applicant has suffered exceptional hardship or the other party has shown exceptional depravity.
What is the difference between custody and care and control?
Custody concerns who makes major decisions about a child, such as education, religion and healthcare. Care and control concerns who the child lives with day to day. Joint custody with care and control to one parent is a common outcome.
Are matrimonial assets always divided equally?
No. Matrimonial assets are generally divided in the proportions the court considers just and equitable, taking into account both direct financial contributions and indirect contributions, including homemaking and caregiving. There is no automatic equal split.
What happens if I suspect my spouse has hidden or dissipated assets?
Applications may be made for discovery and interrogatories where a party’s disclosure appears incomplete. We have acted in matters involving complex discovery applications and allegations of asset dissipation. Whether such an application is worth making depends on what evidence exists and what is likely to be recovered.
Speaking to us
Every matter is different, and nothing on this page is legal advice for your situation. If you would like to discuss your circumstances, you can contact us by telephone, email or WhatsApp. You can also read more about our other practice areas or meet our team.