The short answer
To divorce in Singapore you must normally have been married for at least three years. You must also satisfy the Family Justice Courts that the marriage has broken down irretrievably. You do that by proving one of six facts under the Women’s Charter 1961: adultery; unreasonable behaviour; two years’ desertion; three years’ separation with your spouse’s consent; four years’ separation; or divorce by mutual agreement, which became available on 1 July 2024. The divorce itself is often the simpler part. Most of the time and cost goes on the ancillary matters: the children, the matrimonial home and other assets, and maintenance.
Am I eligible to file for divorce in Singapore?
The three-year marriage requirement is not absolute. The court may grant leave to file earlier, but only in cases of exceptional hardship or exceptional depravity. You must also show a connection with Singapore. Either you or your spouse must be domiciled in Singapore, or must have been habitually resident here for the three years before filing. Muslim divorces are handled by the Syariah Court under a separate regime.
What is divorce by mutual agreement?
This route became available on 1 July 2024. Couples may now rely on a written agreement that the marriage has irretrievably broken down, without attributing fault to either side. The agreement must state the reasons for concluding the marriage has broken down, the efforts made to reconcile, and the consideration given to arrangements for the children and financial affairs. The court retains a safeguard role, and it is a mandatory one. If the court considers, in all the circumstances of the case, that there remains a reasonable possibility of reconciliation, it must not accept the agreement as proof that the marriage has broken down. The court may also refer the parties to counselling or mediation. Couples who take this route often find the process less bitter, which can make a real difference where there are children.
What is the divorce process?
If you have a child under 21, there is a step to take before you file. Since 1 July 2024, both parties must complete the Mandatory Co-Parenting Programme, and the completion certificate is filed together with the divorce application. That applies whether the divorce is contested or proceeds on the simplified track. Where both parties agree on the divorce and on all the ancillary matters, the case can proceed on the simplified track. That usually means no one has to attend a hearing, and the case is typically completed in a matter of months. Contested cases take substantially longer. The court deals with the divorce first and grants an interim judgment, which is a provisional order and does not itself end the marriage. It then deals with the ancillary matters. The parties remain married until the final judgment is issued, and that cannot happen until three months after the interim judgment or the conclusion of the ancillary matters, whichever is later.
How does the court deal with the children, and with the assets and maintenance?
- Children. The court’s paramount consideration is the welfare of the child. Orders address custody (major decisions), care and control (day-to-day living), and access for the other parent.
- Division of matrimonial assets. Under section 112 of the Women’s Charter 1961, the court divides matrimonial assets, including the flat or house and CPF monies used for it, in such proportions as it considers just and equitable, having regard to both financial and non-financial contributions. There is no automatic 50:50 rule.
- Maintenance. The court may order maintenance for children and, in appropriate cases, for a former wife or an incapacitated former husband, weighing earning capacity, needs and the standard of living during the marriage.
Frequently asked questions
How much does a divorce cost?
An uncontested simplified divorce is commonly handled for a fixed fee. What contested proceedings cost depends on the issues actually fought over, and costs escalate quickly. Realistic advice on settlement at an early stage usually saves far more than it costs.
Do I have to prove my spouse was at fault?
No. Separation-based facts and divorce by mutual agreement are no-fault routes. The fault-based facts, adultery and unreasonable behaviour, remain available where appropriate.
What happens to our HDB flat?
Options typically include sale (in the open market or back to HDB where applicable) with division of proceeds, or transfer to one party, subject to HDB eligibility rules and CPF refund requirements. The right structure depends on your figures and eligibility.
Can we settle without going to court?
Yes. Most cases settle, whether through negotiation between solicitors or mediation. A negotiated settlement recorded in a consent order is usually faster, cheaper and easier on children than a contested hearing.
About the author
Johnathan Lee is an Advocate and Solicitor practising at Fong & Fong LLC, advising on family, civil, criminal and employment matters alongside his wills, probate and estate practice. He served as a prosecutor at the Ministry of Manpower before entering private practice.
He holds a Juris Doctor, awarded cum laude, from Singapore Management University, and a Bachelor of Arts in Sociology with a second major in Communication Studies, awarded Second Class Upper Honours, from Nanyang Technological University. He teaches business negotiations at James Cook University, Singapore Campus, as a sessional associate educator.
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This article is for general information only and is not legal advice. The law stated is as at July 2026.