Step 1 – Ensure you qualify for divorce under Singapore local law
Your divorce qualifies under Singapore law, only if you are:
- A Singapore Citizen or PR, or is domiciled in Singapore, or have lived in Singapore for the past 3 years;
- Married for at least 3 years.
Step 2 – Grounds of divorce
In order to get a divorce in Singapore, it has to be proven that the marriage has irretrievably broken down via one of the following 5 factors:
| Factors | What does it mean? | What proof to produce? |
|---|---|---|
| 1. Adultery | If your spouse cheats on you by having sexual relations with a 3rd party, and you find it intolerable to continue to live with your spouse. | Evidence of the act (or intention of). Examples: PI report, photographs, videos, or email/SMS correspondence. |
| 2. Unreasonable behaviour | If your spouse has behaved in a manner that you cannot be reasonably expected to live with your spouse. | Evidence of any act, or failure to act of your spouse. |
| 3. Desertion | If your spouse has deserted you and rejected the marriage for a continuous period of at least 2 years. | Evidence of desertion and physical separation. |
| 4.Separation (3 years) | If both parties to the marriage consents to separation and have lived apart for a continuous period of at least 3 years. | Evidence of both parties being apart and ending the right to companionship and marriage association. |
| 5. Separation (4 years) | In the event there is no consent from parties, then parties to the marriage have lived apart for a continuous period of at least 4 years. | Evidence of both parties being apart and ending the right to companionship and marriage association. |
Step 3 – File for divorce
1. Uncontested (simplified) route; and 2. Contested route.
Uncontested (Simplified) route
You and your spouse will go through the Uncontested (Simplified) route if you both agree that the marriage has irretrievably broken down and agree on the ancillary matters such as custody of children, maintenance and the division of matrimonial assets. We highly encourage parties to attempt the Uncontested (Simplified) route first, as this would not only be a faster process but also a cheaper process. Proceedings generally conclude after about 4 – 6 months. Our firm can provide the assistance and support for negotiations and the drafting of the divorce papers.
Contested route
In the event parties cannot come to an agreement, all other cases will go through the contested (default) route. Before commencing the proceedings, you must: 1. Attend MPP (counselling) to obtain a certificate if you have children below 21 years old; 2. Obtain an original (or a copy) of your marriage certificate; 3. Ensure neither party is a bankrupt; 4. Obtain the relevant consent from HDB and/or CPF if you have an HDB property; 5. Prepare the necessary divorce documents.
Our Team
Our aim is to explore all outcomes for resolving your matter. We offer a packaged fee for the Uncontested (Simplified) route. Our packaged fee includes the following: 1. Legal advice; 2. Preparation of divorce documents; 3. Execution and filing of divorce documents; 4. Extraction of the Interim Judgment; 5. Extraction of the Final Judgment. For the Contested route, fees may vary depending on the complexity of the case. We seek to ease this process for you by making it as inexpensive and short as possible.
Please send us an email at info@silvesterlegal.com / walter@silvesterlegal.com to set up a consultation. Our first consultation is free.
