- As a rule, a divorce application cannot be filed until three years after the date of the marriage.
- One spouse must be domiciled in Singapore when proceedings start, or have been habitually resident here for the three years before.
- There is only one ground for divorce: the marriage has broken down irretrievably.
- You prove the breakdown with one of six facts, including divorce by mutual agreement, available since 1 July 2024.
- Even with mutual agreement, the court must reject the application if it thinks reconciliation is reasonably possible.
The three-year rule
The Women's Charter does not allow a divorce application to be filed until three years have passed since the date of the marriage. The court can give permission to file earlier only where the applicant is suffering exceptional hardship, or the other spouse's conduct shows exceptional depravity. Such applications are rare and need strong evidence.
The rule applies to every fact, including divorce by mutual agreement. If you have not yet reached three years, a lawyer can explain the options in the meantime, such as a separation agreement or judicial separation.
Does the Singapore court have jurisdiction?
The Singapore court can hear a divorce only if, at the time proceedings begin, at least one spouse is domiciled in Singapore, or has been habitually resident here for the three years immediately before.
A Singapore citizen is treated as domiciled here unless shown otherwise. Habitual residence is a separate test: it looks at where you ordinarily live, with a settled purpose, apart from temporary or occasional absences. This means foreigners who have made Singapore their settled home for three years may also qualify. The application must state which basis is relied on.
Marriages solemnised under Muslim law are dealt with by the Syariah Court under the Administration of Muslim Law Act, not by the Family Justice Courts.
One ground, six facts
The only ground for divorce is that the marriage has broken down irretrievably. To prove it, you rely on one or more of these six facts:
- Adultery: your spouse has had sexual intercourse with someone else and you find it intolerable to live with them.
- Unreasonable behaviour: your spouse has behaved in a way that you cannot reasonably be expected to live with.
- Desertion: your spouse has deserted you for a continuous period of at least two years before filing.
- Three years' separation, with your spouse's consent to the divorce.
- Four years' separation, whether or not your spouse consents.
- Mutual agreement: you both agree that the marriage has broken down irretrievably.
Points to note on the fault-based facts
Adultery in law means sexual intercourse, so intimate messages alone may not be enough to prove it. An improper relationship can still be relied on as part of unreasonable behaviour, where the court looks at the overall effect of the conduct rather than isolated incidents.
Timing matters. If you carry on living together as a couple for more than six months after the incidents you rely on, you may not be able to rely on them alone. Separation can also count even if you remain under the same roof, provided you have been living as separate households. Speak to a lawyer about which fact suits your situation.
Divorce by mutual agreement
Since 1 July 2024, couples can divorce without either spouse blaming the other or waiting out a separation period. Both spouses sign a written agreement that explains why they have concluded the marriage has broken down, what they have done to try to reconcile, and what thought they have given to arrangements for their children and finances.
This is not an automatic divorce. The court must reject the agreement if it considers that reconciliation is reasonably possible, and it may send the couple to mediation, counselling or family support programmes. The more clearly the agreement explains the breakdown and the efforts made, the better.
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.
All divorce guides
