Rationale for divorce in Singapore

In Singapore, either a husband or a wife can start the divorce process on a disabled or non-disabled basis. According to law, there is only one basis for divorce. This is the fact that marriage collapsed irretrievably. You can rely on different facts to prove that the marriage is broken beyond repair. The most common rationale for a dependent divorce is as follows.

1. adultery
   • If you are applying for reasons of adultery, the divorce procedure must be done commercially within 6 months after discovering the confession of the guilty party or inappropriate behavior. In addition, starting divorce based on adultery grounds must generate relevant evidence of inappropriate behavior.
   • Examples of general evidence of adultery are reports from private investigators, intimate photos, text messages or e-mail conversations. There are examples of other forms based on individual cases.
   • Based on Article 95 (5) (b) of the Female Charter, if both parties are together for more than six months after the first discovery, adultery is not considered a fact of divorce.
   • A party who has committed adultery can not act inappropriately as a reason for divorce.
2. Unreasonable acts by other parties
   • If one party is not expected to reasonably live with the other party due to an unfair act, it must be proved that the marriage must be disassembled in an unrecoverable manner.
   • Unreasonable behavior ("UB") is a subjective topic broadly. It includes unreasonable acts (such as domestic violence) and failed actions (such as not spending time with family members). Despite its subjective nature, it does not include mere misery or perception that couples are not suitable for each other.
   • The court will take into account all contributions and measures taken by both parties through marriage when divorce is brought as grounds for unreasonable conduct.
   • Unreasonable behavior,
     • (I) The question as to whether or not to judge that the petitioner is with the respondent as to whether it can not bear is to be subjectively answered by the petitioner.
     • (Ii) When dealing with the question as to whether it is reasonably expected that the defendant will join the defendant, it is objective decision by the court.
     • (Iii) The Court shall take into account the cumulative effect of the act. As far as marriage is concerned, the UB is limited not only to the petitioner / defendant, but also to other families and external humans.
   • Nonetheless, the above test is not a clear rule. It is best to consult a divorce lawyer in Singapore to be able to provide appropriate legal advice based on your current situation.
3. Desertification
   • In accordance with Article 95 (3) (c) of the Women's Charter, the plaintiff must present evidence that the defendant has continued release for at least two consecutive years without intending to return home if divorced, submitted under the ground of escape .
4. Separation by consent for 3 years
   • In order for this to be recognized as a basis for divorce, the parties must live separately / separately for at least three years, with the consent of the defendant, before submitting an appeal with the consent of the defendant.
   • Depending on the circumstances, a divorce certificate will be issued on the date of official divorce submission to the court during divorce proceedings.
   • If both parties are adjusted during the separation period, the adjustment period will be ignored unless continuing for more than 6 months.
   • In cases where a divorce deed is required, it is best to receive consultation from a lawyer and confirm that it is legally binding.
5. Four years separation without consent
   • This means that the couple have already lived separately for at least 4 years. In such a case, the plaintiff does not need the defendant's consent to the petition for divorce. Even so, it is best for plaintiffs to create as much evidence as possible to prove the period of separation.
   • If you do not know the evidence to be created to prove the divorce, please consult with the best dispute attorney about legal advice on whether or not you meet the divorce application requirements in Singapore.