Grounds for Divorce under the Singapore Women’s Charter

In Singapore, the only legal basis for obtaining a divorce is that the marriage has irretrievably broken down. The Women’s Charter does not list multiple separate “grounds” for divorce; instead, it recognises various facts or circumstances that may satisfy the court that the marriage has irretrievably broken down.

Understanding how these facts operate is important, because the choice of which fact to rely on can affect how straightforward the divorce process will be.

The Legal Principle: Irretrievable Breakdown of Marriage

Under Singapore’s Women’s Charter, a divorce will be granted only if the court is satisfied that the marriage has irretrievably broken down. Divorce is not granted on the basis of marital misconduct alone, but based on whether the relationship cannot be repaired.

To meet this test, the law recognises certain facts or circumstances as evidence of irretrievable breakdown. These are often described in practice as the “grounds” for divorce.

Facts Recognised as Evidence of Irretrievable Breakdown

The following are the recognised circumstances that may be relied upon in divorce proceedings:

1. Adultery

Adultery refers to voluntary sexual intercourse between a married spouse and someone who is not their spouse. To rely on adultery:

• The spouse filing for divorce must prove that adultery occurred on a balance of probabilities.
• The adulterous conduct must make it intolerable for the filing spouse to continue living with the other spouse.
• The filing spouse must act promptly after discovering the adultery, or risk losing the right to rely on it if they continue to live with the spouse for more than six months after learning of the conduct.

Adultery may be straightforward to prove in some cases, but often relies on circumstantial evidence because direct proof of intercourse can be difficult. Emotional affairs or non-sexual conduct do not by themselves constitute adultery, although they may support other grounds such as unreasonable behaviour.

2. Unreasonable Behaviour

A spouse may rely on unreasonable behaviour when the conduct of the other spouse is such that the filing spouse cannot reasonably be expected to continue living with them.

Unlike adultery, which focuses on a specific act of sexual infidelity, unreasonable behaviour is much broader and can include a range of conduct, such as:

• Persistent verbal abuse, threats, or harassment
• Substance abuse that affects family life
• Refusal or failure to provide financial support
• Repeated disrespect, intimidation, or other harmful conduct

To succeed, the filing spouse must demonstrate that the conduct is more than trivial and has caused the breakdown of the marriage.

3. Desertion

Desertion occurs when one spouse abandons the other without consent and without lawful excuse for a continuous period of at least two years immediately preceding the filing of the divorce.

Key elements of desertion include:

• Actual departure of the offending spouse
• Lack of consent by the other spouse
• No reasonable cause or justification for the departure
• Continuity of desertion until the date of filing

The deserting spouse must have demonstrated an intention not to return, and the behaviour must be involuntary for the remaining spouse.

4. Separation with Consent (Three-Year Rule)

A marriage may be dissolved if the spouses have lived apart for at least three years immediately before the divorce and both parties consent to the divorce.

Under this ground:

• The spouses must have been living separately and apart in fact, even if under the same roof, provided that there is no longer a marital relationship.
• Both parties must agree that the marriage has broken down irretrievably.

This option often suits couples who have been living separately but want to avoid proving fault.

5. Separation Without Consent (Four-Year Rule)

A divorce may also be granted if:

• The spouses have lived apart for at least four years immediately preceding the divorce, and
• One spouse alone applies for the divorce (that is, without the other spouse’s consent).

This ground reflects the legislature’s recognition that prolonged separation itself is an indication that the marriage cannot be salvaged.

6. Divorce by Mutual Agreement (DMA)

Effective 1 July 2024, Singapore introduced Divorce by Mutual Agreement (DMA) as an additional ground for establishing irretrievable breakdown.

Under DMA:

• Both spouses jointly agree that the marriage has irretrievably broken down.
• The parties must generally have been married for at least three years, unless the court grants an exception on grounds of hardship or other compelling circumstances.
• A written statement must be filed, describing the reasons for the breakdown, any reconciliation efforts, and important future considerations such as financial arrangements and matters relating to children.

Unlike the separation grounds, DMA enables couples to proceed without proving fault or relying on separation periods, provided the requirements are satisfied.

Comparing the Available Grounds

While multiple facts may support irretrievable breakdown, the suitability of each depends on the circumstances of the case:

• Adultery and unreasonable behaviour are often used when the marriage has ended due to interpersonal misconduct.
• Desertion is less commonly relied upon in modern practice, as many separations involve mutual agreement or practical separation rather than abandonment.
• Separation-based grounds are frequently used where couples have lived apart for an extended period.
• DMA is increasingly attractive where both parties are aligned and seek an amicable, no-fault divorce.

Choosing the most appropriate ground can influence the process, timelines, and practical ease of the divorce. Legal advice is often crucial in assessing evidence, strategy, and risk.

What These Grounds Do Not Automatically Settle

It is important to understand that establishing irretrievable breakdown regardless of the ground relied upon does not automatically resolve ancillary matters such as:

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

Even where the “ground” for divorce is straightforward, these ancillary matters must still be resolved by mutual agreement or by court determination.

How JCP Law Can Help

At JCP Law, our experienced divorce lawyers team guides clients through all aspects of divorce, including:

• Helping you choose the most appropriate ground for divorce
• Advising on evidence requirements and timings
• Preparing and filing court papers accurately and efficiently
• Representing your interests through negotiations or hearings
• Assisting with related issues such as custody, maintenance, and asset division

Divorce law is both technical and sensitive. Professional guidance is essential to protect your rights and achieve the best possible outcome. Contact JCP Law today to discuss your divorce options and how we can assist you at every step.