Not all marriages
end happily ever after. There are times when you may face the difficult decision
of having to end your marriage. In that event, here’s what you need to know
about the legal
procedures involved in getting a divorce before you make up your mind:
Can you divorce in Singapore?
Before you can file
for a Writ for a divorce in court, you need to have been married for at least 3
years. If you do not fulfill these criteria and wish to obtain a Singapore divorce
before that, you need to be able to prove that you have suffered exceptional
hardship or exceptional depravity. What constitutes exceptional depravity or
hardship is up to the courts to decide, but generally includes issues like
spousal or child abuse.
Both parties must
have lived in Singapore for at least 3 years before commencement of divorce
proceedings.
Irretrievable breakdown of marriage
As laid down in the
Women’s Charter of Singapore, one must prove to the court that there has been an
irretrievable breakdown of the marriage. This is to be the sole ground
of divorce. An irretrievable breakdown is defined by one of the following
conditions:
·
Adultery:
one party has committed adultery and the other spouse finds it intolerable to
live with the other
·
Unreasonable
behavior: one party has behaved in a way that makes it intolerable to live with
each other
·
Separation
of 3 years: both parties have lived apart for a continuous period of 3 years
·
Separation
of 4 years: both parties have lived apart for a continuous period of 4 years
and no consent is needed from the defendant party in this case
Ancillary matters
Apart from the
application for a Singapore divorce, (through the services of a Singapore
divorce lawyer), one would need to submit to the court an affidavit regarding ancillary
matters such as maintenance for the wife and children as well as custody
issues.
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