Divorce is a legal process that officially terminates a marriage. In Singapore, this process is governed by the Women’s Charter which highlights the specific grounds and procedures for divorce. This article explores the recent introduction of Divorce by Mutual Agreement (DMA) into the Women’s Charter – a significant development that changes how divorce proceedings are initiated and managed in Singapore. Further, this article delves into details of grounds for divorce, the requirements that accompany it, and how a family lawyer in Singapore can provide comprehensive legal services pertaining to divorce.
Introduction to Divorce by Mutual Agreement (DMA)
With effect from 1 July 2024, married couples will be able to cite Divorce by Mutual Agreement (DMA) as a ground for divorce.
Previous Grounds for Divorce under the Women’s Charter
Before the introduction of DMA, divorces required one spouse to file against the other. The party that filed for divorce would be the plaintiff, and their spouse would be the defendant. Pursuant to Section 95(2)(a) of the Women’s Charter, the only reason for divorce to be granted under the Women’s Charter is the “irretrievable breakdown of the marriage.” Previously, the plaintiff had to show the court that they are relying on one or more of the following fault-based facts enshrined in Section 95A(1)(a) – (e) of the Women’s Charter to prove the irretrievable breakdown of the marriage:
- Adultery
- Unreasonable behaviour
- Desertion
- Separation of three years with consent
- Separation of four years without consent
Incorporating Divorce by Mutual Agreement into the Women’s Charter
Notably, the above five fault-based facts will be retained. Parties can still choose to rely on them instead. The DMA has been incorporated into the Women’s Charter pursuant to Section 95A(1)(f). It is effectively a sixth fact that parties can rely on that is not fault-based. With the introduction of DMA, parties may cite a mutually agreed divorce. In accordance with Section 95A(6)(a) of the Women’s Charter, parties must include information on the following in their application for divorce:
- Reasons for the breakdown of the marriage
- Efforts made to reconcile
- Considerations of their children and financial affairs
Court Procedures and Standards
Furthermore, the court may order for further mediation, counselling, or programmes. Additionally, Section 95A(6)(c) of the Women’s Charter states that the court must reject the parties’ agreement if reconciliation is deemed to be a reasonable possibility. Moreover, there are still some safeguards in place. Following Section 94 of the Women’s Charter, parties must have been married for at least three years before they can file for divorce. Pursuant to Section 99(1) of the Women’s Charter, there will also be a three-month period before divorce is finalised. These safeguards apply to all parties, regardless of whether the parties file for DMA or rely on the five facts for divorce.
Impact and Benefits of Divorce by Mutual Agreement
The introduction of the Divorce by Mutual Agreement (DMA) represents a significant and progressive shift in the approach to marital dissolution. The DMA enables couples to accept mutual responsibility for the breakdown of their marriage. The Ministry for Social and Family Development has aptly stated that couples may also find closure in citing the reasons for the breakdown of the marriage and acknowledging their attempts to reconcile. Indeed, the very nature of divorce proceedings outside DMA requires parties to dredge up the past in order to prove one of the five fault-based facts. This inevitably creates an adversarial environment where parties play the blame game. Further, if parties cite one of the separation facts (separation of three years with consent / separation of four years without consent), they may end up putting their lives on hold for the next three to four years. This can adversely affect the emotional well-being of the parties and their children. In taking joint responsibility for the marital breakdown and stepping away from the adversarial nature of divorce proceedings, parties are better equipped to consider vital matters related to their children and their finances post-divorce.
Comprehensive Family Law Services by Christopher Bridges Law Corporation
A family lawyer in Singapore will offer comprehensive family law services, specialising in areas such as divorce, child custody, maintenance, and division of assets. Christopher Bridges Law Corporation recognises the emotional challenges that matrimonial proceedings bring and is committed to providing sensitive yet practical legal advice. Our tailored approach to divorce focuses on achieving a resolution through a mutually agreed divorce based on consensual grounds, while thoroughly addressing crucial issues such as Custody, Care and Control, Maintenance, and Division of Assets.
Please reach out to our team at seccbridges@cbridgeslaw.com for a free consultation today.
