Unreasonable Behaviour in Divorce

Unreasonable Behaviour as a Ground for Divorce in Singapore (Updated 2025)

In Singapore, there is only one legal ground for divorce under the Women’s Charter: the irretrievable breakdown of the marriage. To prove this, a spouse must rely on one of the prescribed facts, such as adultery, separation, desertion, or unreasonable behaviour.

Among these, unreasonable behaviour is one of the most commonly cited reasons for divorce in Singapore. It is often used because it does not require long separation periods and can be applied to a wide range of conduct.

What Is “Unreasonable Behaviour” in Divorce?

“Unreasonable behaviour” refers to conduct by one spouse that makes it unreasonable to expect the other spouse to continue living with them. It is not enough to simply say the couple no longer gets along or are incompatible – the behaviour must be serious enough that continuing the marriage is intolerable.

The Legal Test for Unreasonable Behaviour

The leading case is Wong Siew Boey v Lee Boon Fatt [1994] 2 SLR 115, where the court set out the test:

• The court must ask whether the plaintiff, with his or her own personality and characteristics, can reasonably be expected to live with the defendant.
• The test is both objective and subjective: the court looks at the plaintiff’s personal circumstances but applies an objective standard of reasonableness.
• The focus is not on “blameworthiness” but on whether the marriage has become impossible to continue due to the behaviour.

Examples of Unreasonable Behaviour

Unreasonable behaviour can cover a broad spectrum of conduct. Some common examples include:

Violence and abuse

• Physical assault or threats of violence
• Verbal abuse, insults, or constant criticism
• Emotional neglect, disrespect, or humiliation

Addictions and reckless conduct

• Alcohol or drug abuse leading to aggressive or unreasonable behaviour
• Compulsive gambling causing financial hardship
• Borrowing money from the spouse to fund addictions

Infidelity and improper relationships

• Engaging in extramarital affairs
• Maintaining inappropriate relationships with third parties

Financial irresponsibility

• Refusal to contribute to household expenses
• Excessive spending beyond the family’s means
• Failure to maintain the spouse or children

Neglect of the marriage

• Showing no interest in the spouse’s life or wellbeing
• Refusing to communicate or address marital issues
• Preferring to socialise alone or with friends instead of the spouse

Often, the court looks at the cumulative effect of behaviour. Individual incidents might not appear serious in isolation, but when taken together over time, they may show a consistent pattern of unreasonable conduct.

What If You Continue Living With Your Spouse?

If you continue to live with your spouse for six months or more after the last cited incident of unreasonable behaviour, the court may conclude that you have accepted the behaviour.

This does not necessarily bar your divorce, but it may weaken your case if you are relying solely on unreasonable behaviour as the fact to prove irretrievable breakdown. The rationale is simple: if you claim you cannot reasonably be expected to live with your spouse, but you do so for months afterwards, the claim becomes less credible.

Why Is Unreasonable Behaviour Commonly Used?

• It does not require waiting out a separation period of three or four years.
• It can cover a broad range of circumstances, from abuse and infidelity to neglect and irresponsibility.
• It allows spouses who cannot agree to divorce by mutual agreement to still proceed with divorce.

Frequently Asked Questions (FAQs) on Unreasonable Behaviour in Divorce

1.  What counts as unreasonable behaviour in Singapore divorce?

Unreasonable behaviour includes conduct that makes it intolerable for one spouse to continue living with the other. Examples include physical or verbal abuse, infidelity, gambling, alcohol or drug abuse, financial irresponsibility, neglect, and persistent refusal to resolve marital issues.

2.  Is unreasonable behaviour difficult to prove in court?

The court considers the specific facts of your marriage, your personality, and whether it is reasonable to expect you to continue living with your spouse. Evidence such as text messages, financial records, witness statements, or a pattern of conduct can strengthen your case.

3.  Can I still file for divorce on unreasonable behaviour if my spouse refuses to agree?

Yes. Unlike Divorce by Mutual Agreement, unreasonable behaviour can be relied on even if your spouse does not consent. As long as you can show that their behaviour makes it unreasonable to live together, the court may grant the divorce.

4.  What if I stayed with my spouse after the unreasonable behaviour?

If you continue living with your spouse for more than six months after the last incident, the court may see this as acceptance of the behaviour. While this does not automatically bar your case, it may weaken your argument that the behaviour makes it intolerable to live together.

5.  How common is unreasonable behaviour as a ground for divorce?

Unreasonable behaviour is one of the most commonly cited grounds for divorce in Singapore. It is often used because it does not require a long period of separation and can apply to many types of marital breakdowns.

6.  What happens after I prove unreasonable behaviour?

If the court is satisfied that unreasonable behaviour is proven, it will grant an Interim Judgment of Divorce. The case will then move to the ancillary matters stage, where issues like custody, care and control of children, division of assets, and maintenance will be decided.

Final Thoughts

“Unreasonable behaviour” remains one of the most frequently cited grounds for divorce in Singapore. Courts adopt a practical approach: what matters is whether the marriage has broken down irretrievably, not whether one spouse is legally “at fault.”

If you are unsure whether your situation qualifies as unreasonable behaviour, it is important to seek professional guidance. An experienced family lawyer can advise you on whether your circumstances meet the legal threshold and guide you through the divorce process.

Contact Us Today

Going through a difficult marriage can feel overwhelming. If you need advice on whether unreasonable behaviour applies to your situation, our experienced family lawyers are here to help.

Speak to us today in a confidential consultation.