Divorce and separation

A divorce starts with an originating application, which is served on your spouse. If the court is satisfied the marriage has broken down, it grants an Interim Judgment. Arrangements for children, maintenance and assets are then settled, and the divorce becomes final when the Final Judgment is extracted, no earlier than three months after the Interim Judgment.

Generally you must have been married for at least three years, and one of you must be domiciled in Singapore or have lived here habitually for the three years before filing. You then show that the marriage has broken down irretrievably, using one of six facts. Since 1 July 2024, one of those facts is that you both agree the marriage is over.

In an uncontested divorce, both spouses agree before filing that the marriage should end and on the facts relied on, so the case can go on the simplified track. For cases filed from 15 October 2024, you no longer need to agree on every ancillary matter to use that track. A contested divorce, where the divorce itself is disputed, runs on the normal track and usually takes longer and costs more.

There is no automatic rule in favour of either parent. The court decides custody, care and control, and access according to what is best for the child's welfare. In most cases both parents keep joint custody, one parent has day-to-day care and control, and the other has regular access.

Both parents remain responsible for supporting their children, usually until 21 and sometimes longer. A wife or former wife, or a husband who is incapacitated and cannot support himself, can also ask for maintenance. It is not automatic: the court looks at each side's means and needs, the family's standard of living and other factors.

The court divides matrimonial assets in proportions it considers just and equitable, which is not automatically 50:50. In dual-income marriages it usually compares each spouse's financial contributions and their contributions to the family. The HDB flat is usually a matrimonial asset, but HDB's own rules also decide who can keep it.

Bring your marriage certificate, your children's details and birth certificates, and whatever financial documents you can gather, such as payslips, tax notices, bank, CPF and investment statements, property and loan papers, and insurance policies. A short written summary of your marriage, the main issues and your questions will help you get the most from the meeting.