If you are unable to continue to live with your spouse any longer, you may be looking for a solution to put an end to this miserable situation which you find yourself to be in.
What is a divorce?
A divorce is a legal procedure that ends a marriage.
When a Judge of the Family Justice Courts grants your divorce, he or she will hand down an Interim Judgment of Divorce. This is the end of the first stage of your divorce proceedings.
The Interim Judgment does not settle issues about the children, property or maintenance. In legal language, issues about the children, property and maintenance are known as ‘ancillary matters.’
The ancillary matters are usually dealt with after the Court has granted the Interim Judgment. This is the second stage of divorce proceedings.
Who can apply for a divorce in the Family Justice Courts?
In Singapore, the law on divorce is found in the Women’s Charter, which you can access through Singapore Statutes Online.
It is very important for you to check that you are eligible to apply for a divorce in the Family Justice Courts.You cannot apply for a divorce in the Family Justice Courts if you and your spouse are Muslims, or were married under the Muslim law.
You can get a divorce in the Family Justice Courts here if you or your spouse
– are a Singapore Citizen
– have lived in Singapore for at least three years before you apply for a divorce in the Family Justice Courts
– are domiciled in Singapore
In addition, under section 94 of the Women’s Charter, you cannot apply for a divorce if you have been married for less than three years unless you have the Court’s permission to do so.
What are the legal requirements for a divorce?
You will be granted a divorce only if a Judge of the Family Justice Courts agrees that your marriage has ended. In legal language, the Judge must find that your marriage has irretrievably broken down. This is set out in section 95 of the Women’s Charter.
To prove that your marriage has ended, you must show the Court that one or more of the following facts are true:
– that your spouse has committed adultery, and you find it intolerable to live with him or her
– that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her
– that your spouse has deserted you for at least two years
– if your spouse agrees to the divorce, that you and your spouse have been separated for at least three years
– if your spouse does not agree to the divorce, that you and your spouse have been separated for at least four years.
These requirements are set out in section 95(3) of the Women’s Charter.
How do I apply for a divorce?
File a Writ of Divorce, Statement of Claim and Statement of Particulars in the Family Justice Courts. You will need to pay the appropriate filing fees.
If you are the spouse applying for a divorce, you are the plaintiff. Your spouse is the defendant.
You may prepare your own divorce papers, or ask a lawyer to do it for you.
The above information is provided by the Family Justice Courts and the original report can be found here – https://www.familyjusticecourts.gov.sg/Common/Pages/FAQs-on-Divorce.aspx
If you need advice with regards to a divorce, or obtaining maintenance for you and your child, or custody of your child, please do not hesitate to contact us. We are here to help you.
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