Divorce by Mutual Agreement in Singapore

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In a significant shift in family law, Singapore has recently introduced a new framework for divorce by mutual agreement, marking a progressive step in the country’s legal landscape. This reform aims to simplify and expedite the divorce process for couples who are in mutual agreement, possibly reducing the emotional and financial burden often associated with traditional divorce proceedings.

What is Divorce by Mutual Agreement?

Historically, divorcing couples in Singapore had to rely on one of the following reasons to support the sole ground of divorce, i.e., an irretrievable breakdown of the marriage. These include:

  1. Adultery: the Respondent has sexual relations outside the marriage, and the Applicant find it intolerable to live with him or her; 
  2. Unreasonable behaviour: the Respondent is physically or mentally abusive, or has behaved in a manner that the Applicant cannot reasonably be expected to live with him or her;
  3. Desertion: the Respondent has left the Applicant against his or her wishes and completely rejected the marital relationship; and
  4. Separation: the Applicant and the Respondent lives separately at different addresses, or at the same address but maintains separate households. There are two types of separation, i.e., 3 years Separation which requires the Respondent’s consent and 4 years Separation which does not require the Respondent’s consent.

However, on 1 July 2024, divorce by mutual agreement is the newly added 6th fact to support the grounds that the marriage has irretrievably broken down. One of the significant differences between a divorce by mutual agreement and the reasons (as mentioned above) is that couples mutually agree that the marriage has irretrievably broken down and it is not necessary to prove anyone’s fault, i.e., a no-fault divorce.

While it is still a requirement for couples to be married for at least three years before commencing divorce proceedings, another significant difference of a divorce by mutual agreement or no-fault divorce is that couples can be living at the same address and in the same household (unlike 3- or 4-years Separation where it must be shown that couples lived at separate addresses or maintained separate households).

Understanding the Process for a Divorce by Mutual Agreement

Before commencing divorce proceedings regardless of the reasons to support an irretrievable breakdown of marriage, where there are children under 21 years old, parties must attend the Mandatory Co-Parenting Program (CPP) and obtain the Certificate of Completion at the end of the CPP. The Certificate of Completion is to be filed together with the Originating Application for Divorce for the Applicant or the cross-application for the Respondent. 

For a divorce by mutual agreement, in the divorce papers to be filed, parties must submit a Form to set out the Agreement that Marriage Has Irretrievably Broken Down and include the following:

  1.     Particulars of why the marriage has irretrievably broken down;
  2. Attempts and efforts to reconcile – the Agreement that Marriage Has Irretrievably Broken Down should detail how the couple attempted to reconcile but all attempts were unfruitful. For example, parties attending mediation or counselling sessions, but parties were unable to resolve their difference.
  3.   Considerations made to the ancillary matters such as children care arrangements, spousal maintenance, assets distribution, cost of proceedings, and any other issues.

It is also important to consider that when filing for a divorce by mutual agreement, the Family Justice Courts will assess the contents of the particulars and consider factors such as whether parties entered into the agreement that the marriage has broken down irretrievably under their own free will and whether the parties understand the terms of the agreement. In the event that the Family Justice Courts deems the written agreement is insufficient, parties may be directed to attend mediation, counselling or family support program.

Additionally, under s 139F(2) of the Women’s Charter 1971, if the court considers that there is a reasonably possibility that the parties might reconcile, the court may do all or any of the following things to facilitate a possible reconciliation:

(a)   adjourn the proceedings;

(b)   if the parties consent, interview the parties in chambers;

(c)   nominate a conciliation officer or some other suitable person or organisation to assist the parties;

(d)   advise the parties to attend a family support programme.

The introduction of the divorce by mutual agreement law represents a significant shift towards a more collaborative approach to marital dissolution in Singapore. By streamlining the process and emphasizing mediation, the law aims to reduce the adversarial nature of divorce proceedings and promote healthier outcomes for all parties involved.

Benefits of Divorce by Mutual Agreement

  1.       Reduced Costs: Divorce by mutual agreement may help simplify the process and eliminate the need for protracted legal battles. With the introduction of divorce by mutual agreement, the new law can significantly reduce legal costs for couples as there would be a mutual agreement between parties to divorce. This financial relief can be particularly beneficial for individuals who may be struggling with the economic impact of divorce.
  2.       Faster Resolution: The streamlined procedures facilitate a quicker resolution, allowing couples to move forward with their lives more rapidly. This efficiency can alleviate the emotional stress associated with prolonged legal disputes.
  3.     Improved Relationships: The emphasis on “no-fault” promotes amicability as parties do not need to specifically point out the flaws and faults of the other party. A no-fault divorce encourages couples to communicate and collaborate effectively which can lead to more respectful and cooperative post-divorce relationships. This is especially important when children are involved.

Conclusion

The introduction of divorce by mutual agreement in Singapore represents a forward-thinking approach to family law, reflecting a growing recognition of the need for more compassionate and practical solutions to marital dissolution as opposed to the traditional fault-based approach which can take an emotional and mental toll.

By eliminating the need to prove fault and allowing couples to initiate proceedings together, this reform not only reduces the emotional and financial burdens associated with traditional divorce but also encourages amicable communication. With benefits such as lower costs, quicker resolutions, and improved post-divorce relationships, the new framework aims to foster healthier outcomes for families, particularly those with children. Overall, this shift reflects a progressive understanding of divorce, prioritizing cooperation over conflict.

 

 

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