- Civil divorces are heard by the Family Justice Courts. Marriages under Muslim law go to the Syariah Court instead.
- You usually need to have been married for at least three years before you can file.
- The case has two stages: ending the marriage, then the ancillary matters (children, maintenance and assets).
- If you agree on the divorce itself, the case can run on the simplified track, even if some other issues are still open.
- The Final Judgment can be obtained at least three months after the Interim Judgment, once the ancillary matters are settled.
Which court hears the case
Divorces of civil marriages are governed by the Women's Charter and heard in the Family Justice Courts. If you married under Muslim law, the divorce is dealt with by the Syariah Court under a separate law, which we explain in our guide to Muslim divorce.
Who can file
The Singapore courts must have jurisdiction over the marriage. At least one spouse needs a real connection to Singapore: either being domiciled here (Singapore is that person's permanent home), or having lived here habitually for at least three years immediately before filing. The courts' own guide puts this simply as being a Singapore citizen or having lived here for three continuous years. Whether a person is domiciled here can be a technical question, so people with links to more than one country often take advice before filing.
The three-year rule
As a general rule you cannot file for divorce until you have been married for at least three years. The court can give permission to file earlier, but only where there has been exceptional hardship to the person applying, or exceptional depravity on the part of the other spouse. These applications are uncommon and need strong evidence.
If you do not yet meet the three-year rule, other options include a deed of separation (a written agreement on how you will live apart) or a court order for judicial separation, which does not end the marriage.
Before you file: the co-parenting programme
If you have a child under 21, you will generally need to complete the Mandatory Co-Parenting Programme before filing. It combines an online module with a consultation run by counsellors, and is meant to help parents plan arrangements around the children's needs. A certificate of completion is filed with the divorce papers.
The two stages of a divorce
In the first stage, the court decides whether the marriage has irretrievably broken down. If it is satisfied, it grants an Interim Judgment. Our guide to the grounds for divorce explains how this is proved.
In the second stage, the court deals with the ancillary matters. These are the arrangements for the children (custody, care and control, and access), maintenance for a spouse and children, and the division of matrimonial assets, including the home. These can be settled by agreement or decided by the court.
Simplified track or normal track
Since the Family Justice Rules 2024 took effect on 15 October 2024, a divorce is started with a single document called an Originating Application, and the person filing is called the Applicant. If both spouses agree on the divorce before filing, the case can proceed on the simplified track even if they have not agreed on every ancillary matter. Any issues left open are then decided by the court.
If your spouse does not agree to the divorce, you can still file on the normal track and rely on the evidence for one of the recognised facts. A contested case usually involves case conferences and mediation, and a hearing if the issues cannot be resolved.
Interim Judgment and Final Judgment
The Interim Judgment is a decision that the marriage should be dissolved, but the marriage has not ended yet. It ends when the Final Judgment is issued.
Either spouse can apply for the Final Judgment once at least three months have passed since the Interim Judgment and the ancillary matters have been dealt with, whichever is later.
How long it takes
On the simplified track, firms report that an Interim Judgment is often granted within one to two months of filing, so many uncontested divorces finish in about four to six months. The courts estimate about four months for the simplified track.
A contested divorce takes longer, often a year or more, depending on how many issues are disputed and whether they can be settled along the way.
Do you need a lawyer?
You are not required to have a lawyer, and the courts provide online resources for people filing on their own. Many people still take legal advice, particularly where there are children, property or maintenance to sort out, because the terms agreed will usually be binding for years.
This guide is general information only. The right approach depends on your own circumstances.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with a lawyer at the firm.
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