Can You File For Divorce Without Spouse

Can You File For Divorce Without Spouse – Divorce in Singapore is a two-stage process for uncontested and uncontested divorces. The first stage is called dissolution of marriage; Here the court decides whether the marriage has been irretrievably broken down. In this case, the court issues a temporary decision to officially dissolve the marriage.

The second stage of the divorce is called the secondary matters stage, where the court decides how the parties’ affairs will be handled. Such cases involve spousal support and child custody.

Can You File For Divorce Without Spouse

The parties may move for a final interim decision only 3 months after the decision is made or when they have resolved all sub-issues, whichever is later. The parties will then receive the final certificate. This ends all divorce proceedings.

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In this article, “plaintiff” refers to a couple who wants to divorce, and “defendant” refers to another spouse who defends against the divorce.

To get a divorce in Singapore, you or your spouse must meet the following conditions under Articles 93 and 94 of the Women’s Charter:

If you are married under Muslim law, the above conditions may not apply to you. Instead, learn how to get a Muslim divorce here.

You must then prove that the marriage has broken down irretrievably. This is the only legal basis for divorce in Singapore.

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There are several ways to show that your marriage is irreversibly broken. These ways are found in Article 95(3) of the Women’s Charter:

If you and your spouse have at least one child under the age of 21 and cannot agree on the legal grounds for divorce and all ancillary issues, you will both be required to participate in a compulsory parenting program.

This program is run by counselors from a specialist divorce support agency and aims to help divorcing parents make informed decisions that prioritize the needs and well-being of their children. You can find more information about the Mandatory Parenting Program in our other article.

Below is a step-by-step infographic outlining the requirements for divorce and the divorce process in Singapore. You can click on it to download in a new tab.

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This infographic explains the stages of divorce in Singapore based on the terms of divorce in Singapore and then explains the 2 stages of divorce (i.e. dissolution of marriage and secondary issues).

The party who wants to file for divorce must first submit documents to the family court in order for the divorce process to begin. Relevant file fees must also be paid. These documents are:

Statement containing information about the parties, such as how long they have been married, which children they have, and why the marriage has irreversibly broken down (e.g. adultery, unreasonable behavior, desertion or separation).

The statement of claim also sets forth the plaintiff’s claims for ancillary relief; The plaintiff requests custody of the children or division of the marital home.

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A statement detailing the cause of the irreversible breakdown of the marriage (as set out in the statement of claim), including other information.

For example, if the plaintiff claims that the parties have been separated for 3 years, the statement of facts should include information such as the following:

The plaintiff’s proposal regarding how the parties’ children under the age of 21 will be raised after the divorce.

Plaintiff’s proposal on what should happen to the HDB flat after divorce. If both parties can agree on this, an agreed-upon marital property plan will be drawn up instead.

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You may want to hire a divorce attorney who can help you prepare the documents.

After the divorce petition and all accompanying documents are submitted to the court, they must be notified to the defendant.

The defendant then has 8 days to decide whether to object to the divorce and/or side issues.

If the defendant decides to contest the divorce, he must appear at the hearing and submit a statement of defense. To reach an amicable agreement with your spouse through divorce mediation, you may also request a conciliation conference with a Family Conciliation Chamber judge or a counseling session with a court counselor.

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If the two parties cannot agree on the reason for the divorce, the case is transferred to the court and the judge is asked to determine whether the marriage has been irreversibly broken down. The defendant must appear in court and inform the plaintiff:

In total, the defendant has 22 days to submit both the trial statement and the defense.

Alternatively, if the Respondent wishes to assert cause of action for divorce and/or other claims regarding ancillary issues, the Respondent shall file a defense and counterclaim in lieu of a pleading at the time specified above.

If the defendant chooses not to contest the divorce but wishes to be heard on secondary issues, he must still file a hearing affidavit to indicate the issues on which he wishes to be heard.

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If the court is satisfied that the marriage has broken down irretrievably, it will make an interim order dissolving the marriage. Then the case reaches the divorce case stage.

Before hearings on sub-issues, both parties are required to submit an affidavit regarding property and vehicles. They must disclose all assets/liabilities, income and expenses in their affidavit. Affidavits are amended a maximum of 3 times.

If the net value of the asset(s) exceeds $1.5 million, the case will be transferred to the Supreme Court and heard there.

Following the filing and exchange of documents, a second hearing is planned for the court to rule on secondary issues such as alimony and child custody.

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After all sub-issues are resolved, both parties can apply for the final decision if at least 3 months have passed since the interim decision.

It is possible to file for divorce without a lawyer in Singapore. It is definitely less costly financially than having a lawyer. Note, however, that this does not exempt you from the legal, procedural and formal requirements for the conduct of the trial.

In other words, you will be held to the same standards as if you were represented by an attorney. Additionally, family justice courts cannot advise you on your matter.

For this reason, it may be recommended that you seek help from a divorce lawyer, especially if you anticipate that your spouse will object to the divorce. Because it can lead to complex and long processes.

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Yes, in Singapore you can get a divorce before the 3rd year of your marriage if you can prove that you have been subjected to extraordinary hardship or that your spouse has behaved in an extraordinarily immoral manner.

Divorce was granted in marriages lasting less than 3 years; For example, while one of the spouses was committing adultery at home, the other spouse was in the same house and the spouse was depressed.

The threshold conditions for considering cases of extraordinary hardship or extraordinary depravity are very high. If you are considering divorce before the 3rd year of your marriage, we recommend that you consult a divorce lawyer.

The cost of hiring a divorce lawyer for a simple uncontested divorce in Singapore can be between US$1,500 and US$3,500, while uncontested divorces can cost US$10,000 or more. These figures may not include fees and GST.

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If you need guidance on the costs of hiring a divorce lawyer in Singapore, please see our divorce costs guide.

The duration of the divorce depends on factors such as the complexity of the matter. Simple uncontested divorces are usually resolved faster, within 6 months to a year. On the other hand, contested divorce cases in Singapore can take a year or more to resolve.

Additionally, before the final decision is made, at least 3 months must have passed since the interim decision was made. If there are still pending sub-issues within these 3 months, a final decision can only be made after all sub-issues are resolved.

The information presented does not constitute legal advice. You should seek specific legal advice from a solicitor before taking any legal action. Although we make every effort to ensure the accuracy of the information on this website, you rely on it at your own risk. Being in a relationship isn’t always filled with happiness. There are times when fights arise, which can be healthy but can also become unpleasant and cause relationships to break down. When you start a marriage, you try to offer the best to your partner for the first few years. But when times get tough and you notice more cracks in your relationship, this will drag you down and make it harder to keep your wedding vows.

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As much as we hope a relationship will stand the test of time, life circumstances can also force us to re-evaluate our relationship and weigh ourselves.

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