How To Get A Divorce Without Spouse

How To Get A Divorce Without Spouse – In Singapore, divorce is a 2-step process for both contested and uncontested divorces. The first step is the so-called dissolution of the marriage, where the court must decide if the marriage is irretrievable. If so, the court will issue a preliminary ruling to officially dissolve the marriage.

The second phase of the divorce is called the accessory phase, where the court decides how to manage the relationship between the parties. Such matters include spousal support and custody.

How To Get A Divorce Without Spouse

The parties may only request that the preliminary judgment be made no later than 3 months after the preliminary judgment is received, or after the clarification of all additional matters, whichever is later. The parties will then receive a certificate of final judgment. This ends all divorce proceedings.

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In this article, “plaintiff” refers to the spouse filing for divorce and “defendant” refers to the other spouse defending against the divorce.

To obtain a divorce in Singapore, you or your spouse must meet the following eligibility requirements under sections 93 and 94 of the Women’s Charter:

The above requirements may not apply to you if you are married under Muslim law. Find out how to get a divorce under Muslim law here instead.

Next, you must prove that the marriage is irrevocable. This is the only legal basis for divorce in Singapore.

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There are several ways to show that your marriage is irretrievable. These methods are found under section 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 related matters, both of you must participate in a mandatory program of parenthood.

This program is run by specialist divorce support counselors and is aimed at helping divorcing parents make informed decisions that put the needs and well-being of their children first. You can learn more about the mandatory parenting program in our second article.

The following is a step-by-step infographic summary of the eligibility requirements to obtain a divorce and the process of obtaining a divorce in Singapore. You can click it to download it in a new tab.

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This infographic explains the divorce procedure in Singapore, based on the requirements for obtaining a divorce in Singapore, followed by the 2 stages of a divorce (ie dissolution of marriage and accessory relationships).

The party intending to file for divorce must first file certain documents with the family courts to begin the divorce process. The relevant application fee must also be paid. These documents include:

An affidavit giving information such as the details of the parties, the length of their marriage, any children they have, and the reason the marriage is irrevocable (ie adultery, unreasonable behavior, desertion or divorce).

In the claim statement, the claim claim for associated resources, e.g. that the applicant seeks custody of the children or division of the matrimonial home.

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An affidavit describing, among other things, the cause of the irretrievable breakdown of the marriage (as set forth in the statement of claim).

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

The plaintiff’s proposal on how the children of the parties, who are under the age of 21, should serve after the divorce.

The plaintiff’s proposal on what should happen to the HDB flat after the divorce. If both parties agree on this, an Agreed Marriage Plan will be submitted.

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

After the request for divorce and all accompanying documents are submitted to the court, they must also be served on the defendant.

The defendant then has 8 days to decide whether to fight the divorce and/or related charges.

If the defendant chooses to contest the divorce, he must file an appearance and answer. You can also request a resolution conference with a judge at the Family Resolution Chambers or a counseling session with a legal advisor to try to reach a good resolution through divorce mediation. with your partner.

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If the two parties cannot even agree on the grounds for the divorce, the case goes to the judge to determine if the marriage is irrevocable. The accused must submit to the court and serve the prosecutor:

In general, the defendant has 22 days to file and serve the memorandum of meeting and the defense.

Alternatively, if the defendant wishes to advance their own grounds for divorce and/or other claims regarding ancillary matters, the defendant shall file a defense instead of a defense of within the time frames above.

If the defendant chooses not to fight the divorce, but wants to be heard about secondary matters, he must still submit meeting minutes to show the matters he wants to hear.

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If the court finds that the marriage has irretrievably broken down, it issues a preliminary ruling that the marriage must be dissolved. The case will proceed to the second phase of the divorce proceedings.

Before hearings on additional issues, both parties must submit declarations of assets and funds. In their statements they must disclose all assets/liabilities, income and expenses. Up to 3 rounds of clarification are exchanged.

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

After the filing and exchange of documents, an additional hearing date will be set for the court to rule on additional issues, such as alimony and custody.

Is It Possible To Get A Divorce Without Consent Of My Spouse?

After all relevant matters have been decided, either party may apply for a final judgment if at least 3 months have passed since the preliminary judgment was issued.

It is possible to file for divorce in Singapore without hiring a lawyer. This will certainly involve lower financial costs than having a lawyer. However, remember that this does not exempt you from the legal, procedural and formal requirements of litigation.

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

Therefore, it is better for you to seek the help of a divorce lawyer, especially if you expect your spouse to fight the divorce. This can lead to complicated and lengthy cases.

When You Don’t Want To Divorce But Your Spouse Does

Yes, it is possible to get a divorce within 3 years of marriage in Singapore if you can prove that you have suffered extraordinary hardship or that your spouse has participated in extraordinary destruction.

Divorce used to be granted for marriages of less than 3 years, where e.g. one spouse committed an extraordinary perversion by committing adultery in the home while the other spouse was in the same household, causing the latter to fall into depression.

The standard requirements for a situation to be considered unusual difficulty or unusual destruction are quite high. We recommend that you consult a divorce attorney if you are considering a divorce before 3 years of marriage.

It can cost between $1,500 to $3,500 to hire a divorce lawyer for a simplified uncontested divorce in Singapore, while contested divorces can cost at least $10,000 or more. These figures may not include withdrawal charges and GST.

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If you need a guide to the cost of hiring a divorce lawyer in Singapore, you can refer to our divorce fee guide.

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

In addition, at least 3 months must pass since the declaration of the preliminary judgment before the final judgment is announced. If there are still outstanding side cases at this 3-month mark, the final verdict will be given only after all the side cases have been resolved.

The information does not constitute legal advice. You should obtain specific legal advice from an attorney before taking any legal action. Although we do our best to ensure the accuracy of the information on this website, you rely on it at your own risk. Our live chat representatives are available 24/7 to assist you and schedule a consultation with a member of our team

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You do not need your spouse’s agreement to get a divorce. If your spouse does not want a divorce, you cannot file for a joint divorce, but there are other options for you.

The best course of action for you and your family may depend on your particular circumstances. One of our Edmonton divorce lawyers will be happy to advise you on the best way to proceed with a divorce, even if your partner does not want it.

To qualify for divorce, couples must

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