Who can apply for a divorce in the Family Court?
In Singapore, the law on divorce is found in the Women’s Charter, which you can access on the Internet at Singapore Statutes Online.
It is very important for you to check that you are eligible to apply for a divorce in the Family Court.
You cannot apply for a divorce in the Family Court if you and your spouse are Muslims, or were married under the Muslim law.
You can get a divorce in the Family Court here if you or your spouse
• are a Singapore Citizen
• have lived in Singapore for at least three years before you apply for a divorce in the Family Court
• are domiciled in Singapore.
In addition, under section 94 of the Women’s Charter, you cannot apply for a divorce if you have been married for less than three years unless you have the Court’s permission to do so.
What are the legal requirements for a divorce?
You will be granted a divorce only if a Judge of the Family Court agrees that your marriage has ended. In legal language, the Judge must find that your marriage has irretrievably broken down. This is set out at section 95 of the Women’s Charter.
To prove that your marriage has ended, you must show the Court that one or more of the following facts is true:
• that your spouse has committed adultery, and you find it intolerable to live with him or her
• that your spouse has behaved in such a way that you cannot reasonably be expected to live with him or her
• that your spouse has deserted you for at least two years
• if your spouse agrees to the divorce, that you and your spouse have been separated for at least three years
• if your spouse does not agree to the divorce, that you and your spouse have been separated for at least four years.
These requirements are set out at section 95(3) of the Women’s Charter.
How do I apply for a divorce?
File a Writ for Divorce, Statement of Claim and Statement of Particulars in the Family Court. You will need to pay the appropriate filing fees.
If you are the spouse applying for a divorce, you are the plaintiff. Your spouse is the defendant.
You may prepare your own divorce papers, or ask a lawyer to do it for you.
For further information on divorce procedure, please see the Divorce page in the Processes and Procedures section of this website.
What if I can’t find my spouse?