Preparing for Divorce in Singapore: A Complete Guide

Preparing for Divorce in Singapore: A Complete Guide

Divorce is never easy – emotionally, financially, or legally. In Singapore, divorce is a formal court process that ends a marriage and determines important issues such as child custody, division of assets, and spousal or child maintenance.

Being well-prepared before starting divorce proceedings can make the process smoother, reduce stress, and help you achieve a fair outcome. This guide explains the steps you should take, the documents you need, and what to expect, whether your divorce is uncontested, contested, or filed under the new Divorce by Mutual Agreement (DMA) framework.  It is also useful to read our complete Guide to Divorce in Singapore.

Understand the Legal Framework of Divorce in Singapore

Under the Women’s Charter, there is only one ground for divorce: the irretrievable breakdown of marriage. This can be proven by one of the following facts:

• Divorce by Mutual Agreement (DMA) — introduced on 1 July 2024
• Adultery
• Unreasonable behaviour
• Desertion for 2 years
• Separation for 3 years (with consent)
• Separation for 4 years (without consent)

Key update (2024): DMA allows couples to divorce without assigning blame or proving separation, provided they agree the marriage has irretrievably broken down and submit reconciliation efforts and child/financial arrangements to court.

Mandatory Co-Parenting Programme (CPP)

If you and your spouse have children under 21, you must attend the Co-Parenting Programme (CPP) before filing for divorce. This requirement applies to:

• Contested divorces
• Uncontested divorces
• DMA divorces

The CPP helps parents understand the impact of divorce on children, encourages cooperation, and promotes child-focused decision-making

Choosing Between Uncontested and Contested Divorce

• Uncontested Divorce (Simplified Track): Both parties agree on the divorce and all ancillary matters (custody, assets, maintenance). This is faster and less costly.
• Contested Divorce: Parties disagree on some or all issues, requiring court intervention. This process will take longer, and is more expensive.
• DMA Divorce: A new option for couples who can cooperate but don’t want to assign fault or wait out separation.

Step-by-Step Checklist to Prepare for Divorce

Here’s a clear roadmap to get ready for the divorce process:

• Learn about your options (DMA, contested, uncontested)
• Gather essential documents (see section below)
• Draft a parenting plan if you have children
• Plan for assets and debts
• Budget for legal costs
• Take care of your emotional wellbeing

Preparing Your Documents

Before filing for divorce, you should organise the documents the court will require. Having these ready ensures your application is not delayed:

• Marriage certificate
• Children’s birth certificates
• CPF contribution history (yours and your spouse’s)
• Bank statements and loan documents
• Property ownership papers (HDB flat details, title deeds, mortgage statements)
• Insurance policies and investment records
• Income and tax statements
• Any existing agreements between you and your spouse

Tip: Create a folder – digital or physical – so your lawyer can easily review everything.

Considering Asset Division in Singapore

One of the most important parts of divorce is how assets will be divided.

How the Court Decides

The Family Justice Courts divide assets on a “just and equitable” basis. This means there is no automatic 50-50 split. Instead, the court considers:

• Direct financial contributions: salaries, CPF, property payments, loans repaid
• Indirect contributions: caregiving, homemaking, supporting the other spouse’s career
• Length of the marriage
• Children’s needs

Examples

• In a long marriage with one spouse as homemaker, the division often comes close to equal.
• In a short marriage where finances were kept separate, the division may reflect direct contributions more strongly.

Tip: Start listing both your financial contributions (e.g. CPF, mortgage payments) and non-financial ones (e.g. childcare, managing household). Both matter to the court.

Divorce Process Timeline in Singapore

Uncontested Divorce:

• Interim Judgment: – 4 weeks after filing
• Final Judgment: 3 months later

Contested Divorce:

• 6 to 18 months on average, longer if highly disputed

DMA Divorce:

• If uncontested, follows the simplified divorce track (~4 weeks to interim judgment).

Divorce by Mutual Agreement (DMA): A Closer Look

DMA allows couples to avoid blame. Requirements include:

• Minimum 3 years of marriage (unless exceptional hardship/cruelty applies).
• Written statement explaining reasons for irretrievable breakdown and reconciliation efforts.
• Arrangements for children and financial matters.

DMA is especially useful for couples who want to part amicably without waiting years for separation.

Preparing for Your First Meeting With a Lawyer

Before meeting your lawyer, prepare:

• Reasons for your decision to divorce
• Children particulars
• A summary of your marriage timeline and key issues (children, assets, conflicts).
• All financial and property documents.
• Any agreements already reached with your spouse.
• What you hope to achieve from the divorce.

This helps your lawyer assess your case and provide tailored advice.

Common Mistakes to Avoid

• Hiding assets: The court requires full disclosure. Attempting to hide wealth can result in adverse findings.
• Dragging children into disputes: Courts frown on parental manipulation. The child’s welfare is always paramount.
• Rushing without preparation: Filing before gathering documents or understanding your rights can cause delays and mistakes.

FAQs on Preparing for Divorce in Singapore

Q. Can I file for divorce before 3 years of marriage?

Only if you can prove exceptional hardship or cruelty, and the court grants permission.

Q: Do we still need a lawyer for uncontested divorce?

Yes, because divorce documents must be filed in court. A lawyer ensures paperwork reflects your agreement properly.

Q: Does adultery or unreasonable behaviour affect custody or assets?

No. They establish divorce grounds but do not determine division of property or child arrangements.

Q: How long does a DMA uncontested divorce take?

About 4–6 weeks to obtain Interim Judgment, followed by 3 months before Final Judgment.

Taking Care of Yourself

Divorce is more than a legal issue — it’s an emotional journey. Make time for:

• Counselling or therapy
• Support from trusted friends or family
• Focusing on your health and wellbeing

A clear mind will help you make better decisions during the process.

Conclusion: Why Preparation Matters

Divorce is challenging, but being prepared helps you navigate it with less stress and greater clarity. Whether through DMA, uncontested, or contested divorce, knowing your rights, obligations, and options ensures you protect your family’s future.

At PKWA Law, our family lawyers have guided thousands of clients through divorce with clarity and care.

Contact us today for a confidential consultation and let us help you prepare for the road ahead.  We offer a free initial divorce consultation should you wish to discuss your situation and understand your options.