Divorce by Mutual Agreement in Singapore
24.03.2024
As of 1 July 2024, Singaporean couples can legally file for divorce by citing Divorce by Mutual Agreement (DMA) as a ground for the irretrievable breakdown of their marriage. This significant amendment to the Women’s Charter introduces a less adversarial approach to divorce, allowing couples to part ways amicably without assigning blame.
Understanding Divorce by Mutual Agreement (DMA)
Under Section 95A of the Women’s Charter, DMA serves as a sixth ground for divorce, supplementing the existing five:
- adultery
- unreasonable behaviour
- desertion
- three years’ separation with consent
- and four years’ separation without consent.
Divorce by Mutual Agreement enables couples to jointly agree that their marriage has broken down irretrievably, without the need to prove fault or endure prolonged separation periods.
Eligibility Criteria for DMA
To file for divorce under DMA, the following conditions must be met:
- Mutual Agreement: Both parties must consent to the divorce, acknowledging that the marriage has irretrievably broken down.
- Marital Duration: The couple must have been married for at least three years.
- Written Agreement: A formal written agreement must be submitted, detailing:
- The reasons for concluding that the marriage has broken down.
- Efforts made to reconcile.
- Considerations regarding financial arrangements and child-related matters.
Benefits of Divorce by Mutual Agreement
The introduction of Divorce by Mutual Agreement (DMA) represents a progressive shift in Singapore’s family law, offering several key advantages for couples seeking a more amicable and constructive approach to ending their marriage:
Reduced Emotional Strain
DMA removes the need to assign fault or blame for the breakdown of the marriage. This can greatly reduce tension, resentment, and emotional trauma for both parties. Couples are able to focus on moving forward respectfully, rather than revisiting painful incidents.
Preserves Family Relationships
A non-confrontational divorce process can help preserve important family ties—especially where children are involved. By avoiding bitter disputes, couples can maintain a working co-parenting relationship, which is crucial for the well-being of their children post-divorce.
Faster and More Efficient Process
Without the need to prove fault or establish a minimum separation period, the DMA route can shorten the time taken to obtain a divorce. This helps couples resolve matters more efficiently and move on with their lives sooner.
Supports Therapeutic Justice
Singapore’s Family Justice Courts promote the principles of therapeutic justice—an approach that encourages parties to resolve disputes constructively with a focus on healing. DMA aligns perfectly with this philosophy, offering a more humane and compassionate framework for divorce.
Greater Control and Certainty
Because DMA requires both parties to jointly agree on the breakdown of the marriage and provide a written plan for the future, there is more clarity and control over the outcome. This encourages mutual understanding on key issues such as property division, maintenance, and parenting arrangements.
How JCP Law Can Assist You With DMA
At JCP Law, our experienced family lawyers are well-versed in the nuances of DMA. We provide comprehensive support throughout the divorce process, including:
- Consultation: Assessing your eligibility for DMA and advising on the best course of action.
- Documentation: Assisting in drafting the necessary written agreement and ensuring compliance with legal requirements.
- Representation: Guiding you through court proceedings and advocating for your interests.
Contact us today to schedule a consultation and explore how we can support you through this transition.
