Divorce by Mutual Agreement in Singapore

As of 1 July 2024, couples in Singapore may rely on Divorce by Mutual Agreement (DMA) as a ground for divorce under the Women’s Charter. This important legal development introduces a more amicable and collaborative approach to divorce, allowing spouses to jointly acknowledge that their marriage has irretrievably broken down without attributing fault or blame to either party.

DMA reflects a shift away from adversarial divorce proceedings and aligns with the Family Justice Courts’ emphasis on therapeutic justice, encouraging respectful resolution and reduced conflict.

Understanding Divorce by Mutual Agreement (DMA)

Under Section 95A of the Women’s Charter, Divorce by Mutual Agreement is recognised as the sixth ground for establishing the irretrievable breakdown of a marriage. It complements the existing five grounds for divorce in Singapore:

1. Adultery
2. Unreasonable behaviour
3. Desertion
4. Three years’ separation with consent
5. Four years’ separation without consent

Unlike fault-based grounds or separation requirements, DMA allows both spouses to jointly apply for divorce by confirming that the marriage has broken down irretrievably. The court is not asked to determine who is at fault, but must still be satisfied that the marriage can no longer be sustained.

It is important to note that DMA is a ground for divorce, not a separate divorce procedure. The Family Justice Courts retain oversight and discretion in every case.

Eligibility Criteria for Divorce by Mutual Agreement

To rely on DMA, the following requirements must generally be met:

Mutual Consent

Both parties must jointly agree that the marriage has irretrievably broken down. DMA is not available for a sole divorce application, and either party may withdraw consent before the divorce is granted.

Minimum Length of Marriage

The parties must ordinarily have been married for at least three years, unless exceptional circumstances or undue hardship can be demonstrated and accepted by the court.

Statement Supporting DMA

The parties must submit a written statement to the court setting out:

• The reasons why they jointly conclude that the marriage has irretrievably broken down
• The efforts made, if any, to reconcile
• Considerations relating to children, financial arrangements, and future living arrangements

This statement is intended to assist the court in assessing whether DMA is appropriate. It does not require all ancillary matters to be fully resolved at the outset, nor does it replace formal settlement agreements where those are necessary.

The Court’s Role and Safeguards

Although DMA provides a more cooperative pathway to divorce, it is not granted automatically. The Family Justice Courts must still be satisfied that:

• The marriage has genuinely irretrievably broken down; and
• The DMA requirements have been properly met

The court may, where appropriate:

• Seek further clarification from the parties
• Direct the parties to counselling or mediation
• Adjourn or decline the application if the statutory requirements are not fulfilled

Where children under the age of 21 are involved, attendance at the Mandatory Parenting Programme (MPP) may still be required, subject to limited exceptions.

What Divorce by Mutual Agreement Does and Does Not Do

DMA establishes the ground for divorce only. Matters such as the following must still be addressed, either by mutual agreement or through the court’s determination. If these issues are contested, they may affect the overall duration and complexity of the divorce process.

• Child custody, care and control, and access
• Child and spousal maintenance
• Division of matrimonial assets

Benefits of Divorce by Mutual Agreement

When suitable, DMA offers several meaningful advantages:

Reduced Emotional Strain

By removing the need to allege wrongdoing, DMA minimises hostility and emotional distress. This allows parties to focus on practical solutions rather than past grievances.

Better Outcomes for Children

A non-confrontational divorce process supports healthier co-parenting relationships, which is particularly important for children adjusting to life after divorce.

Potentially More Efficient Resolution

Where parties are aligned, DMA may streamline divorce proceedings by avoiding protracted disputes over fault or separation periods. However, timelines may still vary depending on the complexity of ancillary matters.

Alignment with Therapeutic Justice

DMA supports the Family Justice Courts’ therapeutic justice framework, which prioritises constructive resolution, dignity, and long-term family well-being.

Greater Clarity and Cooperation

The requirement for a joint statement encourages transparency and mutual understanding regarding future arrangements, helping parties approach the process with clearer expectations.

Is Divorce by Mutual Agreement Right for You?

DMA may not be suitable in every situation. It may be inappropriate where there is a significant imbalance of power, lack of financial disclosure, or unresolved disputes concerning children or assets. Obtaining legal advice is therefore essential before deciding whether DMA is the most appropriate ground for divorce.

How JCP Law Can Assist with Divorce by Mutual Agreement

At JCP Law, our divorce lawyers are experienced in advising clients on the practical and legal implications of Divorce by Mutual Agreement. We can assist you with:

1. Eligibility assessment and strategic advice on whether DMA is appropriate
2. Preparation of the DMA statement and related documentation
3. Guidance through court proceedings, including ancillary matters where required

We are committed to helping clients navigate divorce with clarity, professionalism, and sensitivity.

Contact JCP Law today to arrange a consultation and explore whether Divorce by Mutual Agreement is the right pathway for your circumstances.