- The only ground for divorce is that the marriage has irretrievably broken down.
- You prove this through one of six facts: adultery, unreasonable behaviour, desertion, three years' separation with consent, four years' separation, or mutual agreement.
- Divorce by mutual agreement has been available since 1 July 2024. Neither spouse has to prove fault.
- You generally cannot file for divorce in the first three years of marriage, unless the court allows it for exceptional hardship or exceptional depravity.
- If the court thinks reconciliation is reasonably possible, it must reject an agreement to divorce by mutual agreement.
One ground, six ways to show it
Under the Women's Charter, the court can end a marriage for one reason only: it has broken down and cannot be repaired. The law calls this 'irretrievable breakdown'.
You cannot simply tell the court the marriage is over. You have to show it through one of six facts:
- Adultery: your spouse has committed adultery and you find it intolerable to live with them.
- Unreasonable behaviour: your spouse has behaved in a way that means you cannot reasonably be expected to live with them.
- Desertion: your spouse has left you for a continuous period of at least two years.
- Separation with consent: you have lived apart for at least three years and your spouse agrees to the divorce.
- Separation without consent: you have lived apart for at least four years. Your spouse's agreement is not needed.
- Mutual agreement: both of you agree that the marriage has broken down and cannot be saved.
In practice, unreasonable behaviour and four years' separation are among the facts relied on most often. The court can still grant a divorce on your evidence if your spouse does not agree or does not respond.
Divorce by mutual agreement
Divorce by mutual agreement became available on 1 July 2024, through amendments to the Women's Charter. It lets a couple divorce without either of them having to blame the other, and without waiting out a period of separation. The two of them may also accept joint responsibility for the breakdown.
Both spouses must agree that the marriage is over. If one spouse does not agree, this route is not open and the case goes ahead on another fact, usually as a contested divorce.
When relying on mutual agreement, the couple gives the court a written account that covers:
- why they have concluded that the marriage has broken down for good;
- what they have done to try to save the marriage, such as counselling; and
- the arrangements they have made, or propose, for their children and their finances.
The court does not simply approve the agreement. It must reject it if it thinks reconciliation is reasonably possible, and it may refer the couple to mediation, counselling or family support programmes. Few or limited efforts to reconcile may count against the application.
Divorce by mutual agreement does not change how the court divides assets or decides arrangements for children; those questions follow the usual rules.
The three-year rule
In general, you must have been married for at least three years before you can file for divorce. This applies to every fact, including mutual agreement.
The court can allow an earlier filing only in exceptional cases, where the person applying has suffered exceptional hardship or the other spouse has behaved with exceptional depravity. These applications need strong evidence.
If you are within the first three years and do not meet that test, other options may be available, such as a deed of separation or judicial separation. Neither of these ends the marriage. In limited situations a marriage can instead be annulled.
Speaking with a lawyer
Which fact suits your situation, and whether you can file yet, depends on your circumstances. A family lawyer can look at the facts of your marriage and explain the options open to you.
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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