- Parents with a child under 21 must complete the Mandatory Co-Parenting Programme before filing, whichever route they take.
- Since the Family Justice Rules 2024, a divorce starts with a single originating application instead of a writ and several separate documents.
- The Interim Judgment is granted once the court is satisfied that the marriage has broken down irretrievably.
- Children, maintenance and the division of assets are dealt with as 'ancillary matters', by agreement or by the court.
- The Final Judgment can be extracted three months after the Interim Judgment, or once the ancillary matters are resolved, whichever is later.
Before you file: the Co-Parenting Programme
If you and your spouse have a child below the age of 21, both of you must attend the Mandatory Co-Parenting Programme, run by the Ministry of Social and Family Development, before the divorce application is filed. Since 1 July 2024 this applies to every divorcing parent with a child under 21, whether the divorce is agreed or disputed and whichever legal fact it relies on.
The programme combines online learning with a session with a counsellor. It focuses on how divorce affects children and how the two of you can keep parenting together afterwards. Each parent receives a certificate of completion, which is filed with the divorce papers. A spouse who later files their own cross-application must also have completed it.
Step 1: Filing the originating application
For cases started on or after 15 October 2024, a divorce begins with an originating application in the prescribed form. It replaced the older writ, statement of claim and statement of particulars, and brings the key information together in one document.
The application sets out who the parties and any children are, why the Singapore court has jurisdiction, the fact relied on to show that the marriage has broken down, and the orders sought on children, maintenance and property.
- A copy of the marriage certificate, with a translation if it is not in English
- Copies of the children's birth certificates, where relevant
- Bankruptcy search results for both spouses
- Certificates of completion of the Co-Parenting Programme, where relevant
- For divorce by mutual agreement, the spouses' written agreement
Step 2: Serving the papers and the response
The application must be served on the other spouse, generally in person, within 14 days. Service can also be made through a lawyer who confirms they will accept it on the spouse's behalf.
A spouse who wants to contest the divorce files a notice to contest within 14 days of being served, and a reply within 28 days. A spouse who agrees the marriage is over but relies on different facts can file a cross-application. If both spouses agreed on the divorce before filing, the case runs on the simplified track instead; our guide to uncontested divorce explains how that works.
Step 3: The Interim Judgment
On the simplified track, the court usually fixes an uncontested hearing within four to six weeks of the application being accepted, and the spouses normally do not need to attend. If the court is satisfied that the marriage has broken down irretrievably, it grants an Interim Judgment.
On the normal track, the court holds case conferences to manage the case and may direct the spouses to mediation or counselling, especially where children are involved. If the dispute is not resolved, each side files sworn evidence, attends a trial and can be cross-examined. Where the court believes the couple may still reconcile, it can decline to proceed and refer them to counselling or mediation instead.
Step 4: Ancillary matters
Ancillary matters are the practical consequences of the divorce: custody, care and control of and access to the children, maintenance for the children and for a wife or incapacitated husband, and the division of matrimonial assets. Terms that are agreed can be put before the court in a draft order for approval.
Where there is no agreement, each spouse files a first ancillary affidavit, generally within 28 days of the Interim Judgment, setting out their claims and their assets and means, followed by a reply affidavit. A spouse can ask the court to order the other to disclose further documents. The court then hears the ancillary matters and makes its orders.
Step 5: The Final Judgment
The divorce is complete only when the Final Judgment is extracted. This can happen three months after the Interim Judgment or once the ancillary matters have been resolved, whichever is later. The three-month waiting period is one of the safeguards that still applies after the 2024 reforms.
How long the whole process takes depends mostly on how much the spouses can agree. A lawyer can give you a realistic estimate once they understand your 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 one of our lawyers.
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