- The court can hear a divorce if one spouse is domiciled in Singapore, or has been habitually resident here for three years immediately before filing.
- Domicile means your permanent home. Singapore citizens are presumed to be domiciled here.
- Habitual residence needs a settled, continuous stay. Long absences can break it.
- The court may stay a Singapore case if another country is the more appropriate place to decide it.
- The court can divide assets abroad, but enforcing its order there depends on that country's law.
When Singapore can hear your divorce
Under section 93 of the Women's Charter, the Singapore courts can hear a divorce only if, when the case starts, at least one spouse is either:
- domiciled in Singapore; or
- habitually resident in Singapore for at least three years immediately before filing.
If neither test is met, the court cannot hear the divorce. The usual rule that you must have been married for at least three years also applies to foreigners.
What domicile means
Domicile is about where you regard as your permanent home, not just where you happen to be living. Singapore citizens are presumed to be domiciled in Singapore unless the contrary is shown.
A foreigner can become domiciled here, but it is not easy to prove. Long residence and permanent residence can help, but courts have found that permanent residence is not enough on its own where a person's ties to another country remain strong.
Habitual residence
Habitual residence is a question of fact. You do not need to be a citizen or permanent resident. People living here on work or study passes can qualify if they have lived in Singapore for the required three years.
The courts have described habitual residence as living somewhere voluntarily, for a settled purpose, with a degree of continuity. Short trips abroad do not usually break it, but an extended period away, such as a long overseas posting, might.
When another country may be more suitable
Even when Singapore has jurisdiction, the court may pause, or 'stay', the case if another country is clearly the more appropriate place to decide it. Courts look at connections such as nationality, where the children live and go to school, where the assets are, and whether proceedings have started elsewhere.
Running cases in two countries at once can add cost and uncertainty, and risks conflicting orders. If your spouse has started, or may start, a case abroad, take advice early.
Assets and orders across borders
The Singapore court can include assets outside Singapore when it divides matrimonial assets. But whether its order can be enforced overseas, especially over land, depends on the law of the country where the asset is. Assets in Singapore, such as local property, bank accounts and CPF, are bound directly by a Singapore order.
Orders also travel the other way. A divorce or order made overseas is not automatically recognised in Singapore. Where a foreign divorce is recognised, a spouse may in some cases ask the Singapore court for financial relief here, but must first get the court's permission and show a sufficient connection to Singapore.
Prenuptial agreements, including ones made under foreign law, are not automatically binding on the Singapore court, but the court can give them significant weight.
Speaking with a lawyer
Cross-border divorces turn on detailed facts about where you have lived and what ties you have. A family lawyer can look at your history and advise whether Singapore is the right place to file, and may suggest advice in the other country too.
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 one of our lawyers.
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