What is Divorce and Nullity?

Divorce is the legal dissolution of a marriage, while nullity is voiding or nullifying the marriage.

Under what conditions can I file for divorce?

A divorce may be filed in court under the following conditions:

1. At least one party to the marriage is a Singapore citizen or permanent resident upon applying (petitioning) for divorce. Alternatively, either party should have lived in Singapore for at least a period of 3 years before the petition for divorcing is made.
2. You have been married for at least a period of 3 years. However, you may petition for a divorce within 3 years of marriage if you have suffered exceptional hardship or if your spouse have been exceptionably unreasonable and cruel towards you.
3. There has been an “irretrievable breakdown” in the marriage.

What is “irretrievable breakdown”?

“Irretrievable breakdown” is the only reason examined by the court before granting a divorce. The marriage is said to have irretrievable broken down if:

1. Adultery: Adultery has been committed by a party to the marriage (the Respondent) and the other party (the Petitioner) finds the behaviour intolerable
2. Unreasonable behaviour: The Respondent has behaved in such a way that the Petitioner cannot reasonable be expected to live with him or her.
3. Desertion for more than 2 years: The Respondent has deserted the Petitioner, without any intention of returning, for continuous periods of 2 years.
4. 3 years separation (with consent): Both parties have agreed to a divorce and they have been separated for a continuous period of at least 3 years before the divorce petition is filed
5. 4 years separation (without consent): No consensus for a divorce is needed if both parties have been separated for a continuous period of at least 4 years. Either party in this circumstance may petition without the need for consent by the other party.

What do I do if I want to file for a divorce or annulment?

When you consider filing for divorce, you must consult a lawyer for legal advice and assistance. You lawyer will be able to determine whether you have a case for divorce before proceeding any further. He or she can prepare all the necessary legal documents required by the court. Upon the commencement of your matter, you must furnish the following documents and information to your lawyer:

1. Original Marriage Certificate
2. Grounds for divorce or annulment together with the supporting documents (where applicable). For example:
1. For adultery
   1. Private investigator’s report, DNA report
2. For unreasonable behaviour
   1. Police report(s) on such unreasonable behaviour(s)
   2. Medical report(s) evidencing physical abus
3. For separation
   1. Deed of separation
3. Particulars of petitioner, respondent and children of the marriage
1. Corresponding addresses and contact number(s) of the petitioner and respondent
2. A copy each of the birth certificates of the children

1. Particulars of the matrimony property and/assets
2. Custody, care and control of children of the marriage
3. Maintenance of petitioner and children of the marriage