No Fault Divorce – Divorce by Mutual Agreement in Singapore
No Fault Divorce – Divorce by Mutual Agreement in Singapore
If you are considering a divorce in Singapore, one of the most cost-effective and stress-free options is to file for an Uncontested Divorce. From 1 July 2024, the law introduced a new ground called Divorce by Mutual Agreement (DMA). This reform allows couples to divorce amicably without citing fault or waiting for a separation period.
What Is Divorce by Mutual Agreement (DMA)?
Under the Women’s Charter, there is only one ground for divorce: the irretrievable breakdown of the marriage. Traditionally, this had to be proven through facts such as adultery, unreasonable behaviour, desertion, or separation of three or four years.
With the July 2024 amendments, couples now have an additional option:
- Divorce by Mutual Agreement (DMA) lets both spouses file jointly if they agree their marriage has irretrievably broken down.
- Neither party has to blame the other or prove separation.
- Couples must show that they made reasonable efforts to reconcile before filing.
- The marriage must have lasted at least three years (unless exceptional hardship or cruelty can be shown).
When Can You Use Divorce by Mutual Agreement?
- Uncontested divorce (simplified track): If both parties agree to divorce under DMA and have settled all ancillary matters (children, assets, maintenance), the application can be filed under the simplified track. This is the fastest and most affordable way to obtain a divorce.
- Normal track divorce: DMA can also be used as the ground if the parties agree on the divorce itself but cannot agree on all ancillary issues. In this case, the court will decide on the unresolved matters.
What Do Couples Need to Show in a DMA Divorce?
When filing for a divorce by mutual agreement, the couple must submit:
- A written statement explaining why they agree the marriage has irretrievably broken down.
- Details of reconciliation efforts, such as attempts at counselling or mediation.
- Proposed arrangements for children (custody, care and control, access).
- Proposed division of matrimonial assets (including HDB flats, CPF monies, savings, and investments).
- Proposed maintenance arrangements for the wife and/or children, if applicable.
Key Issues Couples Must Agree On
To proceed on an uncontested basis, you and your spouse must agree on:
Children:
- Who has care and control of the children (who they live with).
- The level of access/visitation the other parent will have.
- Whether custody will be joint or sole (in Singapore, joint custody is the norm).
Assets:
- Division of the matrimonial home (sale, transfer, or buy-out).
- Division of other assets such as CPF monies, investments, savings, and debts.
Maintenance:
- Child maintenance – who pays and how much.
- Spousal maintenance, if applicable.
How Long Does an Uncontested Divorce Take?
If all documents are in order and the case proceeds under the simplified track, the typical timeline is:
- Interim Judgment (conditional divorce): around 4 weeks after filing.
- Final Judgment: 3 months after the Interim Judgment.
Final Thoughts
The introduction of Divorce by Mutual Agreement in July 2024 has made it easier for couples in Singapore to part ways without acrimony. For couples able to agree on all issues, the uncontested divorce process is fast, affordable, and far less stressful than a contested case.
Speak to PKWA Law – Trusted Divorce Lawyers in Singapore
At PKWA Law, our family lawyers have guided thousands of clients through uncontested divorces, including those filed under the new Divorce by Mutual Agreement framework. If you are considering divorce and want to understand your options, we are here to help.
Contact us today for a consultation and let us guide you through the process with clarity and care.
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