What are the grounds for divorce in Singapore?

One ground, six facts

Under the Women's Charter, the court will grant a divorce only if it is satisfied that the marriage has irretrievably broken down. The law does not let the court simply take the spouses' word for this. Instead, the person filing must rely on at least one of the facts set out below.

Adultery

Your spouse has had sexual relations with someone else, and you find it intolerable to live with them. Evidence is usually needed, such as an admission, messages or an investigator's report. Where adultery is suspected but cannot be proved, firms note that the same conduct is sometimes relied on as unreasonable behaviour instead.

Unreasonable behaviour

Your spouse has behaved in such a way that you cannot reasonably be expected to live with them. This covers a wide range of conduct, from abuse to a pattern of neglect. The court looks at the particular marriage and the particular people involved.

Desertion

Your spouse has left you, against your wishes and without intending to return, for a continuous period of at least two years before you file.

Separation

There are two separation facts:

• You have lived apart for at least three years and your spouse consents to the divorce.
• You have lived apart for at least four years. Your spouse's consent is not needed.

Divorce by mutual agreement

Since 1 July 2024, a couple can also rely on their mutual agreement that the marriage has broken down. Neither spouse has to prove that the other was at fault, and there is no separation period to wait out.

To use this fact, both spouses sign a written agreement for the court. Firms describe it as setting out:

• why the spouses believe the marriage cannot continue
• what they have done to try to reconcile
• their proposed arrangements for the children (if any) and for financial matters

Choosing which fact to rely on

The fact you rely on affects what you will need to prove and how the other spouse is likely to respond. Allegations of adultery or unreasonable behaviour can raise the temperature of a case, which is one reason mutual agreement was introduced. Separation and desertion depend on dates, so evidence of when you began living apart matters.

Firms also point out that the reason a marriage broke down generally does not decide how assets are divided or how much maintenance is paid. Those questions are decided on other factors, which we cover in our guides on assets and maintenance.

If your spouse does not agree

You do not need your spouse's consent to file for divorce. If they will not agree, or do not respond, you can file on the normal track and rely on one of the facts other than mutual agreement. The court can grant the divorce based on your evidence.

This guide is general information only. Which fact suits a particular marriage depends on its own history and evidence.