Grounds for Divorce Under the Women’s Charter

Grounds for Divorce in Singapore

Under Singapore divorce law, there is only one legal ground for divorce: that your marriage has irretrievably broken down.

This must be proven using one of six facts under Section 95 of the Women’s Charter. If the Court is satisfied that any of these facts apply, it will grant the divorce.

The six facts are:

1. Divorce by Mutual Agreement (DMA) – available from 1 July 2024
2. Adultery
3. Unreasonable Behaviour
4. Desertion for 2 Years
5. Separation for 3 Years (with consent)
6. Separation for 4 Years (without consent)

1. Divorce by Mutual Agreement (DMA)

Introduced on 1 July 2024, Divorce by Mutual Agreement allows couples to end their marriage without assigning blame.

• Both parties must agree that the marriage has broken down irretrievably.
• They must show the Court they have made efforts to reconcile, but reconciliation was not possible.
• They must also submit proposed arrangements for children and financial matters.

DMA is available under both the simplified (uncontested) and standard divorce track. It is often the least acrimonious way to proceed.

2.  Adultery

Adultery occurs when one spouse has sexual intercourse with a third party.

• Physical intimacy alone (without intercourse) does not count as adultery.
• Proof may come from a private investigator’s report, a confession, or written evidence.
• If relying on adultery, the divorce must be filed within 6 months of discovering it.
• You cannot rely on adultery if you continued living with your spouse for more than 6 months after discovery.

3.  Unreasonable Behaviour

This is the most common ground for divorce in Singapore. “Unreasonable behaviour” means your spouse has behaved in such a way that you cannot reasonably be expected to continue living with them.

Examples include:

• Physical or verbal abuse
• Alcoholism or substance abuse
• Gambling addiction leading to financial hardship
• Neglect, lack of respect, or refusal to communicate
• Infidelity (emotional or physical)
• Financial irresponsibility or excessive spending

Statistics:

According to the latest data from the Singapore Department of Statistics, the most commonly cited ground for divorce in 2024 was unreasonable behaviour, followed by separation (three years with consent). Specifically:

• Unreasonable behaviour featured as the main reason in 58.6% of civil divorces in 2024.
• The next most common ground was three years’ separation with consent, cited in 48.5% of cases.

These figures closely mirror the trends from a decade ago, confirming that unreasonable behaviour remains the most prevalent ground for divorce.

Why This Matters for Clients

Unreasonable behaviour is clearly the most frequently relied-upon ground under Section 95 of the Women’s Charter.

• If you’re considering divorce and uncertain which ground applies, this insight underscores the importance of evaluating whether your circumstances fall within that category.
• Cases based on unreasonable behaviour tend to be more complex and fact-driven, so legal support is particularly critical.

4.  Desertion for 2 Years

You must show that your spouse has deserted you continuously for at least 2 years before filing. Desertion means your spouse left the marriage with no intention of returning.

5.  Separation for 3 Years (with Consent)

You and your spouse must have lived apart for 3 continuous years before filing.

• Your spouse must consent to the divorce.
• This is a no-fault ground and often used by couples seeking an amicable split.
• Note: Divorce is not automatic after 3 years — you must still file papers in Court.

6.  Separation for 4 Years (without Consent)

If you and your spouse have been separated for 4 continuous years, you can file for divorce without needing your spouse’s consent.

Important Requirements to Note

• Minimum Marriage Duration: You must generally be married for at least 3 years before filing, unless you can prove exceptional hardship.
• Residency: At least one spouse must be a Singapore citizen, domiciled in Singapore, or habitually resident for at least 3 years.
• Parents with Children Under 21: You may be required to attend the Mandatory Parenting Programme (MPP) before filing. If filing under DMA, you may also need to complete the Co-Parenting Programme (CPP).

Final Word: Choosing the Right Ground

Each ground for divorce comes with different requirements and evidence. For example:

• Adultery requires strong proof.
• Unreasonable behaviour is flexible but fact-sensitive.
• Separation requires patience and clear evidence of living apart.
• Divorce by Mutual Agreement (DMA) is the newest and most cooperative route.

Speak to Our Divorce Lawyers

Navigating the divorce process in Singapore can be complex. Our experienced divorce lawyers can:

• Assess which ground is most suitable for your case
• Advise you on eligibility, evidence, and procedural requirements
• Guide you through both contested and uncontested divorce processes

Contact us today for clear, practical advice on the next steps.